[Congressional Record Volume 153, Number 81 (Wednesday, May 16, 2007)] [House] [Pages H5132-H5265] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PERSONAL EXPLANATION Mr. GENE GREEN of Texas. Madam Chairman, on rollcall No. 356, had I been present, I would have voted ``present.'' Recorded Vote The Acting CHAIRMAN. Pending is the demand of the gentleman from Georgia for a recorded vote. A recorded vote was ordered. The Acting CHAIRMAN. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 184, noes 222, not voting 31, as follows: [Roll No. 357] AYES--184 Aderholt Akin Alexander Bachmann Bachus Baker Barrett (SC) Bartlett (MD) Barton (TX) Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Boehner Bonner Bono Boozman Boustany Brady (TX) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Buyer Calvert Campbell (CA) Cannon Cantor Capito Carter Chabot Coble Cole (OK) Conaway Crenshaw Culberson Davis (KY) Davis, David Davis, Tom Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Doolittle Drake Dreier Duncan Ehlers Emerson Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gillmor Gingrey Gohmert Goode Goodlatte Granger Graves Hall (TX) Hastings (WA) Hayes Heller Hensarling Herger Hobson Hoekstra Hulshof Inglis (SC) Issa Jindal Johnson (IL) Johnson, Sam Jones (NC) Jordan Keller King (IA) King (NY) Kingston Kirk Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Latham LaTourette Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Manzullo Marchant McCarthy (CA) McCaul (TX) McCotter McHenry McHugh McKeon Mica Miller (MI) Miller, Gary Mollohan Moran (KS) Musgrave Neugebauer Nunes Paul Pearce Pence Petri Pickering Pitts Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Regula Rehberg Reichert Renzi Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Royce Ryan (WI) Sali Saxton Schmidt Sensenbrenner Sessions Shadegg Shays Shimkus Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Souder Stearns Sullivan Tancredo Terry Thornberry Tiahrt Tiberi Turner Upton Walberg Walden (OR) Walsh (NY) Wamp Weldon (FL) Weller Westmoreland Wicker Wilson (NM) Wilson (SC) Young (AK) Young (FL) NOES--222 Abercrombie Ackerman Allen Altmire Andrews Arcuri Baca Baird Baldwin Bean Becerra Berkley Berman Berry Bishop (GA) Bishop (NY) Blumenauer Boren Boswell Boucher Boyd (FL) Boyda (KS) Brady (PA) Braley (IA) Brown, Corrine Butterfield Capps Capuano Carnahan Carney Carson Castle Castor Chandler Clarke Clay Cleaver Clyburn Cohen Conyers Cooper Costa Costello Courtney Cramer Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis, Lincoln DeFazio DeGette Dicks Dingell Doggett Donnelly Doyle Edwards Ellison Ellsworth Emanuel Eshoo Etheridge Farr Fattah Filner Frank (MA) Giffords Gilchrest Gillibrand Gonzalez Gordon Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Harman Hastings (FL) Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hodes Holden Holt Honda Hooley Hunter Inslee Israel [[Page H5133]] Jackson (IL) Jackson-Lee (TX) Jefferson Johnson (GA) Johnson, E. B. Jones (OH) Kagen Kanjorski Kaptur Kennedy Kildee Kilpatrick Kind Klein (FL) Kucinich Lampson Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lynch Mahoney (FL) Maloney (NY) Markey Marshall Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McIntyre McNerney McNulty Meehan Meek (FL) Meeks (NY) Michaud Miller (NC) Mitchell Moore (KS) Moore (WI) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Napolitano Neal (MA) Oberstar Obey Olver Ortiz Pallone Pascrell Pastor Payne Perlmutter Peterson (MN) Pomeroy Price (NC) Rahall Rangel Reyes Rodriguez Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Salazar Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schwartz Scott (GA) Scott (VA) Serrano Sestak Shea-Porter Sherman Shuler Sires Skelton Slaughter Smith (WA) Snyder Solis Space Spratt Sutton Tanner Tauscher Taylor Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Wexler Wilson (OH) Woolsey Wu Wynn Yarmuth NOT VOTING--31 Barrow Bordallo Camp (MI) Cardoza Christensen Cubin Davis, Jo Ann Delahunt DeLauro Engel English (PA) Faleomavaega Hastert Hoyer McCrery McMorris Rodgers Melancon Miller (FL) Miller, George Moran (VA) Myrick Nadler Norton Peterson (PA) Platts Poe Reynolds Stark Stupak Whitfield Wolf Announcement by the Acting Chairman The Acting CHAIRMAN (during the vote). Members are advised 2 minutes remain in this vote. {time} 1442 So the motion was rejected. The result of the vote was announced as above recorded. Mr. SKELTON. Madam Chairman, I yield to the gentleman from Hawaii (Mr. Abercrombie) for the purpose of making a unanimous consent request. (Mr. ABERCROMBIE asked and was given permission to revise and extend his remarks.) Mr. ABERCROMBIE. Madam Chairman, as disappointing as it may be for all the Members that I will not now deliver an oration, I will submit a formal statement on the work of the Air and Land Forces Subcommittee. I thank my good friend, colleague and mentor, Mr. Saxton, and all the Members, Republican and Democratic alike, on the Air and Land Forces Subcommittee. Mr. SKELTON. Madam Chairman, I yield 4 minutes to my colleague and friend, the gentleman from Mississippi (Mr. Taylor), who is the chairman of the Subcommittee on Seapower and Expeditionary Forces. Mr. TAYLOR. Madam Chairman, I want to thank all of the Members of the Seapower and Expeditionary Forces Subcommittee for their cooperation on this. I want to thank in particular Ranking Member Saxton and Chairman Abercrombie for the funds that were transferred from their portions of the bill to address the immediate warfighter needs in Iraq. Madam Chairman, a disproportionately high number of Americans are dying in Iraq in explosions that involve Humvees. We as a Nation have spent a lot of money to protect the troops that ride in them. Unfortunately, the enemy has discovered that Humvees are vulnerable from the bottom. This bill includes $4.1 billion, ten times more than the President's request, to field a new generation of vehicles, a mine resistant ambush-protected vehicle, to protect the troops in Iraq. This could only be done with the cooperation of the Air and Land Forces Subcommittee and the Seapower and Expeditionary Forces Subcommittee. Keep in mind that the President's budget request was actually written about a year ago. It is responding to the needs as we see them in the field, and I think a very good move. We also want to thank the great staff of the Seapower and Expeditionary Forces Subcommittee for the work that they have done. The President asked for seven ships in this year's budget: a Gerald Ford class aircraft carrier; a Virginia-class submarine; an LPD 17; two LCSs; a T-AKE cargo ship; and a Joint High Speed Vessel. Because of the good work of the subcommittee and the cooperation of the other subcommittees of the Committee on Armed Services, this committee has added an additional LPD 17, an additional T-AKE cargo ship, and the forward funding for an additional submarine. The Bush administration's Defense budgets have grown by well over $100 billion during their tenure. Unfortunately, the Navy fleet has shrunk by 50 ships during the same time. This marks the first attempt on the part of the committee in a long time to reverse that trend and get our Nation back on course for a 313-ship Navy, and I want to thank all those who helped make that possible. {time} 1445 Additionally, the bill funds a competitive engine program for the Joint Strike Fighter. It fully funds the administration's request for ship and aviation construction and procurement. It fully funds the administration's request for the operation of the Maritime Administration. The bill would allow the Secretary of the Navy to come up with a program for capital expenditure in shipbuilding to help modernize our shipyard infrastructure and reduce the cost of our Navy ships to the taxpayers. It will allow for the multi-year procurement for Virginia-class submarines, and it will direct the Secretary of the Navy to design and construct the next generation of surface warships with integrated nuclear power systems. Madam Chairman, it makes no sense at all to have aircraft carriers that carry 30 years' worth of fuel on board when the vessels that are necessary to protect them have to refuel every 5 days. We are addressing this vulnerability to our fleet and, more importantly, we are taking a huge step on behalf of the Department of Defense to make our Nation less dependent on foreign sources of fuel. I would like to acknowledge that none of these initiatives could have taken place without the great cooperation and leadership on the part of the former chairman, Mr. Bartlett. Addressing the nuclear power issue is a direct result of his making the committee aware of our vulnerabilities to fuel, and the need for shipyard modernization again is a direct result of his efforts while he was chairman. It is also with the great cooperation of the minority and the members of our staff that we present this portion of the bill to the Congress and ask for its approval. Notice to Alter Order of Consideration of Amendments Mr. SKELTON. Madam Chairman, pursuant to sections 3 and 4 of House Resolution 403, and as the chairman of the Armed Services Committee, I request that during further consideration of H.R. 1585 in the Committee of the Whole and following general debate, the following amendments be considered in this order: amendment No. 33, amendment No. 29, amendment No. 49, the en bloc package, and amendment No. 8, amendment No. 14, amendment No. 21, and amendment No. 38. I reserve the balance of my time. Mr. SAXTON. Madam Chairman, I yield 3 minutes to the ranking member of the Military Personnel Subcommittee, the gentleman from New York (Mr. McHugh). Mr. McHUGH. Madam Chair, I thank the gentleman for yielding. Madam Chair, I rise simply to say, as we have heard from previous speakers, and perhaps to state the obvious, this piece of legislation, H.R. 1585, is a strong bill. More importantly, in my judgment it is a bill that was put together in a collaborative and bipartisan manner. I want to pay my respects, my words of appreciation to the full committee Chair, the gentleman from Missouri (Mr. Skelton), who came through this, his first trial by fire, I think, with great efficiency; as well as, of course, the gentleman from California (Mr. Hunter), the former chairman, now ranking member. But most importantly, I want to thank the new chairman of the Personnel Subcommittee, a gentleman who I had the honor and opportunity to serve with as the ranking member when I had the opportunity to serve as Chair, Dr. Vic Snyder, who worked together again in a bipartisan manner, and in that way has produced [[Page H5134]] a product which I think overall we can all support with not just a great deal of enthusiasm but a great deal of pride. All of us feel very strongly on the Personnel Subcommittee that when the Members come to the floor, it is good that they talk about the broad range of effects and benefits in this bill. But it makes us feel proud, Madam Chair, when we note that those things that the Members take most pride in and cite most often are a product of the work of the Personnel Subcommittee. The reason for that is very, very simple. The success of the United States military is today, as it has always been, not in high weapons systems, as important as they are, not in sophisticated platforms, not in all of those things that give our fighting men and women an edge, but the true edge is in the fighting men and women themselves. And this bill contains many benefits, many added advantages that they so richly deserve. It provides an increase in end strength, something we have taken up and we need to continue, is embodied in this bill. A basic pay raise that will continue the 8-year effort we have had to increase the pay of our men and women in uniform, drawing down that pay gap between the civilian and military forces, drawing it down currently under the ramp to 2012 when it will be as little as 1.5 percent, resisting so-called efficiency wedges and savings in the TRICARE and other military health care programs, saving money for those hardworking men and women protecting our interests wherever they may be, here at home, and their families. The Wounded Warrior Assistance Program that I had the honor of working with, along with Dr. Snyder, and along with the chairman and the ranking member to address those challenges that we saw so very dishearteningly at places like Walter Reed and others. All of this combined is a good bill that works on a bipartisan basis. I urge all of my colleagues to support the bill. Mr. SKELTON. Madam Chairman, I yield 2 minutes to my friend and colleague, the gentleman from Washington (Mr. Smith), who is the chairman of the Subcommittee on Terrorism and Unconventional Threats and Capabilities. Mr. SMITH of Washington. Thank you, Madam Chair. First of all, I want to thank the chairman of the Armed Services Committee, Ike Skelton, for the fantastic job he has done on this mark. He has done it in a bipartisan fashion. And also, of greatest importance, this mark funds the war that we are fighting. We have troops in the field in harm's way. We fund the priorities that they need right now. And given all of the demands on the Armed Services Committee, that is no easy feat. The chairman and all members of the committee have made that a priority, and I want to thank him for that. I also believe that we have well-funded the broader war on terrorism that my subcommittee has a significant part of, Subcommittee on Terrorism. The fight against al Qaeda and the ideology they espouse and those who would support al Qaeda or that ideology is not just in one place. It is in many places in the world. It is in Africa, Southeast Asia, certainly in the Middle East and elsewhere. To combat that ideology, we need a force that is trained in unconventional warfare, that is trained in asymmetric warfare, and we need the Special Operations Forces who are trained to go into parts of the world, to understand the culture and work with the local communities and stop al Qaeda-like insurgencies before they start. That training is critical. It is much easier to fight that type of battle than to get dragged into a larger war. We have had incredible success in places like the Philippines and Chad and Kenya and elsewhere because our Special Operations Forces understand irregular warfare, get in there and work with the local communities to stop insurgencies before they start. I believe this mark reflects that priority. It is certainly one of the highest priorities for our subcommittee. I want to thank the ranking member, the gentleman from Texas (Mr. Thornberry), for his leadership on this issue as well. We have put language, money and report language in the bill that will prioritize irregular warfare, unconventional fights, so that we can defeat al Qaeda globally and understand all of the different challenges that go into that. Again, I thank the gentleman from Missouri (Mr. Skelton) for his outstanding leadership of this committee. It is a privilege and honor to serve with him, and to thank him for this mark and this bill that I think adequately prepares our military to fight the battles we face. Mr. SAXTON. Madam Chair, I would like to yield such time as he may consume to the ranking member of the Seapower Subcommittee, Mr. Bartlett. Mr. BARTLETT of Maryland. Madam Chair, I rise in strong support of H.R. 1585. First, I would like to take this opportunity to recognize the outstanding service rendered to the Nation by our men and women in uniform, who, like their forebears, are meeting today's security challenges with true dedication and professionalism. I would also like to thank the gentleman from Mississippi (Mr. Taylor), chairman of the Seapower and Expeditionary Forces Subcommittee on which I serve as ranking member, for his leadership, for his friendship which I really appreciate, and unwavering commitment to our servicemembers. I also want to thank our very capable staff. Madam Chair, I think our colleagues will find that this bill reflects a fair and balanced treatment of the issues facing the United States Navy and Marine Corps. In collaboration with the Air and Land Forces Subcommittee and Chairman Skelton and Ranking Member Hunter, we provided full funding for the Mine Resistant Ambush Protected Vehicle, or MRAP, which is protecting our troops against IEDs. By strengthening the shipbuilding program and authorizing eight new ships, we addressed the Navy's number one and number two unfunded priorities. We must reverse the steady decline in the number of battle force ships we have seen for nearly two decades. Nevertheless, in order to provide the number of ships our warfighters say they need, we must inject fiscal discipline into our shipbuilding program. To that end, H.R. 1585 includes a provision that would limit the practice of design and build concurrency, a practice which has delayed and increased costs for a number of shipbuilding programs. Continuing efforts from prior years' Defense authorization bills, we have included a provision to push for modernization in shipyards through process, infrastructure improvements, and workforce training. An April 2007 study commissioned by the Department of Defense found that the risks associated with the cost and supply of oil will make the U.S. military's ability to rapidly deploy on demand ``unsustainable in the long term.'' H.R. 1585 also forges new ground by requiring that future major combatant vessels have integrated nuclear propulsion. I conclude by applauding the remaining provisions in the bill supporting the Navy and Marine Corps and authorizing appropriations and authorities for the Maritime Administration. I urge full support of H.R. 1585. Mr. SKELTON. Madam Chair, I yield 3 minutes to the gentlewoman from California (Mrs. Tauscher) who is the chairwoman of the Subcommittee on Strategic Forces. Mrs. TAUSCHER. Madam Chairman, first I would like to congratulate the gentleman from Missouri, the distinguished chairman of the committee, on his first mark of the national security defense bill. He is a fabulous member and a great leader. I appreciate all of the hard work that has been put into this bill. I also want to thank my ranking member, the gentleman from Alabama (Mr. Everett), for his hard work and his willingness to work in a bipartisan way to achieve what I consider to be a very significant mark for the Strategic Forces Subcommittee; also, the members of the subcommittee and our fabulous staff. Madam Chairman, this bill is a bill that I have worked on with my colleagues to incorporate four priorities into the bill before the House. First, this bill aims to create a public discussion about nuclear weapons by [[Page H5135]] establishing a congressionally appointed bipartisan commission designed to reevaluate U.S. strategic posture. This commission would provide valuable recommendations to Congress regarding the proper mix of conventional and nuclear weapons needed to meet new and emerging threats. Second, the bill slows the Department of Energy nuclear weapons initiatives. We limit reliable replacement warhead funds to design and cost study activities and eliminate funding for the proposed Consolidated Plutonium Center. Instead, we increase funding to strengthen the Stockpile Stewardship Program, as well as the weapons complex. Third, the bill funds ballistic missile defense systems that will protect the American people, our deployed troops, and allies against real threats while shifting resources away from longer term, high-risk efforts. It fully funds the Army missile defense budget request for the Patriot PAC-3 missile, including funding for the Patriot ``Pure Fleet'' initiative. It fully funds the Ground Based Missile Defense System to protect the United States against a potential threat from North Korea or Iran. It includes funding for Aegis BMD and fully funds THAAD development and deployment. Finally, we are boosting funding for space capabilities that deliver near-term benefits to the warfighter and improve space situational awareness and survivability. Madam Chair, this bill strikes a balance between near-term needs and long-term investment, and it creates the means to help bring our nuclear weapons policies into the 21st century. I urge my colleagues to support this bill. Mr. SAXTON. Madam Chairman, I yield 4 minutes to the ranking member of the Terrorism Subcommittee, the gentleman from Texas (Mr. Thornberry). {time} 1500 Mr. THORNBERRY. Madam Chairman, I thank the gentleman for yielding. Madam Chair, I want to express my strong support for that section of the bill which was produced by the Terrorism and Unconventional Threats and Capabilities Subcommittee. I especially appreciate the efforts and cooperative spirit of the chairman, Adam Smith, and the work of the subcommittee members and the staff. As he mentioned a few moments ago, that section of the bill supports the 5-year growth plan for the Special Operations Forces, which was recommended by the 2005 QDR. It also improves the Department's ability to harness technological innovation and funds the Defense Advanced Research Projects Agency, DARPA, as well as other basic research in the Department. Madam Chair, as we discuss the various sections of this very large bill, I also think it is important that we step back and remember the broader context in which we operate. One is that we face a ruthless, determined, adaptable adversary who at this moment is concentrating their efforts in Afghanistan and Iraq, but poses a threat to us and our allies all over the world. We live in a world where technology that can destroy massive numbers of human lives is spreading around the world, and some of the places where that technology exists are not as politically stable as we would like. We face threats to our country using some of the very technology we rely upon, whether it's satellites or whether it's the Internet; and in the face of all that, we have national security structures that were developed during the Cold War. And as with all large organizations, the Department of Defense and other government agencies have a difficult time adapting. It may be that the most important part of this bill is the funding of a study to recommend changes in the National Security Act of 1947, which will help us be better organized and better adaptable for the security challenges in the future. Madam Chair, I'd like to make one other point that concerns me about the broader national security context in which we operate. There is much that is in this bill that is very good. We will debate some important amendments and a lot of amendments that are not that deal with smaller issues, and then I expect that this bill will pass by a very large vote. And then next week or the week thereafter, we are going to have another vote that will undercut much of the good that is in this bill by giving hope to our enemies and discouragement to our friends. This Congress will pat itself on the back for passing a pay raise for the troops, but then it will tie the hands of the commanders who are sent to implement the Nation's strategy. This Congress will make the job of the military in fighting terrorists in key places harder by the political debate and by the actions we take; and so I would encourage Members to read and study ``Unconventional Warfare,'' and I think they will find, as one writer put it, that it uses all available networks, political, economic, social and military, to convince the enemy's political decision-makers that their goals are unachievable or too costly. And so, Madam Chair, it would seem to me to be a sad day if this Congress takes action that undoes the good that our military does every day on the ground, the achievements that they win in the field; and yet I fear, by some of the votes that we've taken, that may be dangerously the direction we may be headed. Mr. SAXTON. Madam Chairwoman, I yield the remainder of this minute to the gentleman from Georgia (Mr. Westmoreland) for purposes of a motion. motion to rise by mr. westmoreland Mr. WESTMORELAND. Madam Chairman, I move that the Committee do now rise. The Acting CHAIRMAN (Ms. Eshoo). The question is on the motion offered by the gentleman from Georgia (Mr. Westmoreland). The question was taken; and the Acting Chairman announced that the noes appeared to have it. Mr. WESTMORELAND. Madam Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present. The Acting CHAIRMAN. The Chair will count for a quorum. Does the gentleman withdraw his point of order? Mr. WESTMORELAND. No, Madam Chairman, I do not. The Acting CHAIRMAN. Evidently a quorum is not present. Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 minutes the minimum time for an electronic vote, if ordered, on the pending question following this quorum call. Members will record their presence by electronic device. The following Members responded to their names: [Roll No. 358] Abercrombie Ackerman Aderholt Akin Alexander Allen Altmire Andrews Arcuri Baca Bachmann Bachus Baird Baker Baldwin Barrett (SC) Barrow Bartlett (MD) Barton (TX) Bean Becerra Berkley Berman Berry Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenauer Blunt Boehner Bonner Bono Boozman Boren Boswell Boucher Boustany Boyd (FL) Boyda (KS) Brady (PA) Brady (TX) Braley (IA) Brown (SC) Brown, Corrine Brown-Waite, Ginny Buchanan Burgess Burton (IN) Butterfield Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Capuano Cardoza Carnahan Carney Carson Carter Castle Castor Chabot Chandler Christensen Clarke Clay Cleaver Clyburn Coble Cohen Cole (OK) Conaway Conyers Cooper Costa Costello Courtney Cramer Crenshaw Crowley Culberson Cummings Davis (AL) Davis (CA) Davis (IL) Davis (KY) Davis, David Davis, Lincoln Davis, Tom Deal (GA) DeFazio DeGette DeLauro Dent Diaz-Balart, L. Diaz-Balart, M. Dingell Doggett Donnelly Doolittle Doyle Drake Dreier Duncan Edwards Ehlers Ellison Ellsworth Emanuel Emerson English (PA) Eshoo Etheridge Everett Fallin Fattah Feeney Ferguson Filner Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Giffords Gilchrest Gillibrand Gillmor Gingrey Gohmert Gonzalez Goode Goodlatte Gordon Granger Graves Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hall (TX) Hare Harman Hastert Hastings (FL) Hastings (WA) Hayes Heller Hensarling Herger Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hobson Hodes Hoekstra [[Page H5136]] Holden Holt Hooley Hoyer Hulshof Hunter Inglis (SC) Inslee Israel Issa Jackson (IL) Jackson-Lee (TX) Jindal Johnson (GA) Johnson (IL) Johnson, E. B. Johnson, Sam Jones (NC) Jones (OH) Jordan Kagen Kanjorski Kaptur Kennedy Kildee Kind King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kucinich Kuhl (NY) LaHood Lamborn Lampson Langevin Lantos Larsen (WA) Latham LaTourette Lee Levin Lewis (CA) Lewis (GA) Lewis (KY) Linder Lipinski LoBiondo Loebsack Lowey Lucas Lungren, Daniel E. Lynch Mack Mahoney (FL) Maloney (NY) Manzullo Marchant Markey Marshall Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul (TX) McCollum (MN) McCotter McDermott McGovern McHenry McHugh McIntyre McKeon McNerney McNulty Meehan Meek (FL) Meeks (NY) Melancon Mica Michaud Miller (MI) Miller (NC) Miller, Gary Mitchell Mollohan Moore (KS) Moore (WI) Moran (KS) Moran (VA) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Musgrave Myrick Napolitano Neal (MA) Neugebauer Nunes Oberstar Obey Ortiz Pallone Pascrell Pastor Paul Payne Pearce Pence Perlmutter Peterson (MN) Peterson (PA) Petri Pickering Pitts Platts Poe Pomeroy Porter Price (GA) Price (NC) Pryce (OH) Putnam Radanovich Rahall Ramstad Rangel Regula Rehberg Reichert Renzi Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Ross Rothman Roybal-Allard Royce Ruppersberger Rush Ryan (OH) Ryan (WI) Salazar Sali Sanchez, Linda T. Sanchez, Loretta Sarbanes Saxton Schiff Schmidt Schwartz Scott (GA) Scott (VA) Sensenbrenner Serrano Sessions Sestak Shadegg Shays Shea-Porter Sherman Shimkus Shuler Shuster Simpson Sires Skelton Slaughter Smith (NE) Smith (NJ) Smith (TX) Snyder Solis Souder Space Spratt Stearns Stupak Sullivan Sutton Tancredo Tanner Tauscher Taylor Terry Thompson (CA) Thompson (MS) Thornberry Tiahrt Tiberi Tierney Towns Turner Udall (CO) Udall (NM) Upton Van Hollen Velazquez Visclosky Walberg Walden (OR) Walsh (NY) Walz (MN) Wamp Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Weller Westmoreland Wexler Whitfield Wicker Wilson (NM) Wilson (OH) Wilson (SC) Wolf Wu Wynn Young (AK) Young (FL) {time} 1528 The Acting CHAIRMAN. On this quorum call, 407 have responded, a quorum. Recorded Vote The Acting CHAIRMAN. Pending is the demand of the gentleman from Georgia for a recorded vote. A recorded vote was ordered. The Acting CHAIRMAN. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 186, noes 213, answered ``present'' 1, not voting 37, as follows: [Roll No. 359] AYES--186 Aderholt Akin Alexander Bachmann Bachus Baker Barrett (SC) Bartlett (MD) Barton (TX) Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Boehner Bonner Bono Boozman Boustany Brady (TX) Brown (SC) Buchanan Burgess Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Capito Carter Chabot Cole (OK) Conaway Crenshaw Culberson Davis (KY) Davis, David Davis, Tom Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Doolittle Drake Dreier Duncan Ehlers Emerson English (PA) Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gillmor Gingrey Gohmert Goode Goodlatte Granger Graves Hall (TX) Hastert Hastings (WA) Hayes Heller Hensarling Hobson Hoekstra Hulshof Inglis (SC) Issa Jindal Johnson (IL) Johnson, Sam Jordan Keller King (IA) King (NY) Kingston Kirk Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Latham LaTourette Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Manzullo Marchant McCarthy (CA) McCaul (TX) McCotter McHenry McHugh McKeon Mica Miller (MI) Miller, Gary Moran (KS) Musgrave Myrick Neugebauer Nunes Paul Pearce Pence Petri Pickering Pitts Platts Poe Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Regula Rehberg Reichert Renzi Reynolds Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Royce Ryan (WI) Sali Saxton Schmidt Sensenbrenner Sessions Shadegg Shays Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Souder Stearns Tancredo Terry Thornberry Tiahrt Tiberi Turner Upton Walberg Walden (OR) Walsh (NY) Wamp Weller Westmoreland Whitfield Wicker Wilson (NM) Wilson (SC) Wolf Young (AK) Young (FL) NOES--213 Ackerman Allen Altmire Andrews Arcuri Baca Baird Baldwin Barrow Bean Becerra Berkley Berman Berry Bishop (GA) Bishop (NY) Blumenauer Boren Boswell Boucher Boyd (FL) Boyda (KS) Brady (PA) Braley (IA) Brown, Corrine Butterfield Capuano Cardoza Carnahan Carney Carson Castle Castor Chandler Christensen Clarke Clay Cleaver Clyburn Cohen Conyers Cooper Costa Costello Courtney Cramer Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis, Lincoln DeFazio DeGette DeLauro Dingell Doggett Donnelly Doyle Edwards Ellison Ellsworth Emanuel Eshoo Etheridge Fattah Filner Frank (MA) Giffords Gilchrest Gillibrand Gonzalez Gordon Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Harman Hastings (FL) Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hodes Holden Holt Honda Hooley Hoyer Hunter Inslee Israel Jackson (IL) Jackson-Lee (TX) Johnson (GA) Johnson, E. B. Jones (NC) Jones (OH) Kagen Kanjorski Kaptur Kennedy Kildee Kind Klein (FL) Kucinich Langevin Lantos Larsen (WA) Lee Levin Lewis (GA) Lipinski Loebsack Lowey Lynch Mahoney (FL) Maloney (NY) Markey Marshall Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McIntyre McNerney McNulty Meehan Meek (FL) Melancon Michaud Miller (NC) Mitchell Mollohan Moore (KS) Moore (WI) Moran (VA) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Napolitano Neal (MA) Oberstar Obey Ortiz Pallone Pascrell Pastor Payne Peterson (MN) Pomeroy Price (NC) Rahall Rangel Reyes Rodriguez Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Salazar Sanchez, Linda T. Sanchez, Loretta Sarbanes Schiff Schwartz Scott (GA) Scott (VA) Serrano Sestak Shea-Porter Sherman Sires Skelton Slaughter Snyder Solis Space Stark Stupak Sutton Tanner Tauscher Taylor Thompson (CA) Tierney Towns Udall (CO) Udall (NM) Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Wexler Wilson (OH) Wu Wynn ANSWERED ``PRESENT''--1 Spratt NOT VOTING--37 Abercrombie Bordallo Brown-Waite, Ginny Cantor Capps Coble Cubin Davis, Jo Ann Delahunt Dicks Engel Faleomavaega Farr Herger Jefferson Kilpatrick Lampson Larson (CT) Lofgren, Zoe McCrery McMorris Rodgers Meeks (NY) Miller (FL) Miller, George Nadler Norton Olver Perlmutter Peterson (PA) Schakowsky Smith (WA) Sullivan Thompson (MS) Van Hollen Weldon (FL) Woolsey Yarmuth Announcement by the Acting Chairman The Acting CHAIRMAN (during the vote). Members are advised that there are 2 minutes remaining in this vote. {time} 1538 So the motion to rise was rejected. The result of the vote was announced as above recorded. Mr. SKELTON. Madam Chairman, may I inquire as to the time remaining on each side on general debate, please. The Acting CHAIRMAN. The gentleman from Missouri has 24\1/2\ minutes remaining. The gentleman from New Jersey has 21 minutes remaining. Mr. SKELTON. I yield myself such time as I may consume. This is deadly serious business, Madam Chairwoman. I have witnessed here the number of procedural motions, which I have refrained from commenting upon, but this is deadly serious business. This is a bill to authorize funds for the United States military. That is our constitutional job to do. And procedural motions are fine, but let's get on with taking care of the troops and giving them their pay raise and the medical care and the equipment that they need. [[Page H5137]] As we say back in Missouri, ``'nough said.'' I yield 4 minutes to the gentleman from Texas (Mr. Reyes). Mr. REYES. Madam Chair, I thank the gentleman for yielding, and couldn't agree more with his comments on how serious this authorization is and our duty to do what we have been sent here to do, especially today for our military. So with that, Madam Chair, I rise to express strong support for H.R. 1585. And I want to thank the gentleman from Missouri (Mr. Skelton), our chairman, and the ranking member, Mr. Hunter, for the great job that they have done on crafting together a piece of legislation that is so vital and important. Having said that, Madam Chair, in July of 2008, the Army will conduct a limited user test with soldiers from the Army Evaluation Task Force based at Fort Bliss using the first spinout of the FCS technologies. I know that the gentleman from Missouri understands how critical the first spinout of FCS technologies is for our Nation's warfighters, our warfighters that are currently at war in Iraq and Afghanistan. So I would now like to yield to the chairman of the Armed Services Committee in the hope of entering into a colloquy so that he can discuss how the bill addresses this very important and vital issue. I yield to the chairman. Mr. SKELTON. Madam Chairwoman, I thank the gentleman for yielding. And first I want the gentleman from Texas to know how much the committee appreciates his strong support for our Nation's Armed Forces, particularly for the United States Army. He is just superb. The Army is bearing the brunt of the burden of military operations in Iraq, as well as Afghanistan, and our committee has worked to ensure that soldiers on the ground have the equipment they need to accomplish their mission and come home safely. Beyond taking care of the needs of the warfighters in the field today, we must address the Army's long-term modernization and readiness requirements. That is why the bill before us here today fully funds the most critical elements of the Future Combat Systems program, which will keep the program on track to conduct the limited user test next summer. While the bill cuts some funding for some redundant programs and overhead costs, along with parts of the program which are not scheduled to be fielded until 2015, the $2.8 billion in the bill includes full funding for all Spinout 1 activities, allowing them to continue as planned. I want to assure the gentleman from Texas that we will continue our efforts to balance the Army's immediate near-term as well as long-term needs as we work through the conference process. As Congressman Abercrombie said last week during consideration of the bill in the committee, finding that balance is a work in progress. To the gentleman from Texas, you have my assurance that we will provide funding for the FCS program so that the Army can move forward with modernizing its equipment and its networks. As we focus our efforts, as we focus our dollars on today's soldiers, we can't shortchange our future forces. Mr. REYES. Reclaiming my time. I thank the gentleman for his efforts in support of our military forces. Our soldiers, sailors, airmen, and marines have no better friend in Congress than Ike Skelton; and on behalf of the Fifth Brigade of the First Armored Division at Fort Bliss, I want to thank the chairman for his assurance that their work in support of FCS and Army modernization, as they prepare for the test event next summer, will not be affected by the bill that we are debating today. FCS represents the cornerstone of the Army's modernization plans, and I appreciate the chairman's understanding of the need to continue investing in the Army's future even as we face the challenges of today's wars in Iraq and Afghanistan. Mr. SKELTON. Madam Chair, I reserve the balance of my time. Mr. SAXTON. Madam Chair, I yield 3 minutes to the gentleman from Missouri (Mr. Akin), the ranking member of the Oversight Subcommittee. Mr. AKIN. Madam Chair, one of the things that you can be only an amateur student of are various battles, or military history, and it becomes immediately obvious, the importance of information. Just randomly, you can think of Pearl Harbor, knowing whether the Japanese are coming. Or, particularly, the Battle of Midway, where you have the Japanese force, far superior to the American force, but the Americans knew where the Japanese aircraft carriers were and the Japanese only knew where one of the American aircraft carriers was. As a result, America won that significant Battle of Midway, even though we had an inferior force, based on information. Now, I have heard discussion about how proud we are of Future Combat Systems, which is a fancy word for a computerized system to help our warfighters have the information that they need in order to do their job. That program is the first major Army modernization program in 40 years, and under this bill, it is being cut by 25 percent. {time} 1545 This was not a feel good kind of vote. This was a strict party-line vote, the Democrats voting to cut it by 25 percent, the Republicans trying to restore funds and being turned down in that request. Now, when you cut a program by 25 percent, particularly as complicated as this is with all the computers that are talking to each other, the software, the communications disciplines and the platforms involved, that is a significant change and a significant slowdown to a very important part of our future, and that is the ability to have real-time, online information for our warfighters. This is not just important to the Army, as important as it is to the Army, because the Marines and the Navy are going to be waiting also for perhaps a lot of this software to be the prototype for their systems that they develop later. So what we are doing is basically pushing back, slowing and delaying and cutting down 25 percent, or $867 million, from this program. We have tried to replace those funds some, with some things that are completely not necessary, such as a high speed boat for the Army, which hasn't even been designed, and have been turned down and not even allowed to offer that amendment here on the floor. Now, who is it who is going to pay for this degradation of the modernization of our Army? It is going to be our sons and daughters, my own sons that are involved, and this is not a good thing. This is not a good trade-off. We must advance the modernization. Information has always throughout history been critical to warfare. It is all the more so now. And so I am strongly opposed to this significant cut and the hurting of our ability to get information to our warfighter. Mr. REYES. Madam Chair, I now would like to yield 2 minutes to our friend and colleague from California, the gentlelady, Ms. Sanchez. Ms. LORETTA SANCHEZ of California. Madam Chairman, I rise today in support of H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008. I would like to thank my chairman, Mr. Skelton, for his really great work in producing a Defense bill with support from both sides of the aisle. It is commendable that Chairman Skelton was able to pass this bill on a vote of 58-0, given the heated and the very polarized debates that we were having in the House Armed Services Committee, especially with respect to the war in Iraq. And as Chairman Skelton has repeatedly said, the purpose of this bill is to provide our troops with the equipment and the support that they need to carry out their mission. I, for example, voted against granting the President the authority to use force in Iraq, and I have continued to question his repeated surges and his failing policies in Iraq. I have repeatedly asked the President to provide a plan to safely redeploy our troops to come home from Iraq. But, having said this, until we can get our brave men and women home from Iraq, we must provide them with what they need to perform their mission. And that is what this bill does. At the same time, it asks the tough questions of the Defense Department and of this President. [[Page H5138]] One question, for example, that I have for the Department of Defense that I have been asking over and over for the last 4 years, what happened to the approximately 329,000 Iraqi security forces that had been trained? Specifically, where are they assigned? Are they reporting for duty? Or are they now working for the insurgency? And this bill asks that question. The Defense authorization bill as a whole asks for accountability and for oversight from the President and from the Department of Defense. And I ask my colleagues to stand together and to pass this bill. Mr. SAXTON. Madam Chairlady, I'd like to yield 3 minutes to the gentleman from Minnesota, who joined this House several years ago after having spent 25 years in the Marine Corps, Congressman John Kline. Mr. KLINE of Minnesota. Madam Chair, I'd like to take this opportunity to thank the committee members and Chairmen Skelton and Snyder for their support of the Yellow Ribbon Reintegration Program in this year's Defense authorization bill in the en bloc amendment. Inclusion of this program in the bill will move us forward as we seek to fill a gap that has only widened as our Nation has come to rely increasingly on the National Guard and Reserves to assist in combat operations. Based upon his experiences as a returning Vietnam War veteran, Minnesota National Guard Adjutant General Larry Shellito took the lead to build a reintegration program for returning Guardsmen who lack the established support infrastructure of their active duty counterparts. General Shellito and the Minnesota National Guard leadership have developed an innovative program to change how returning soldiers and airmen are reintegrated back into their communities. Through experiences drawn from the deployments of smaller units to Iraq and Afghanistan and Kosovo, they developed a unique combat veteran reintegration program with a focus on supporting soldiers and their families throughout the entire deployment cycle. This multifaceted program includes workshops for families and communities to help them for their servicemember's return and training events at 30, 60 and 90- day intervals for servicemembers following their demobilization. The training events have given Guardsmen and Reservists the opportunity to engage VA and health care representatives, while also allowing platoon sergeants and commanders to check in with their troops. Experience has shown that catching signs of post-traumatic stress disorder, substance abuse, or even marital problems early can prevent even more severe problems in the future. I believe the Yellow Ribbon Reintegration Program represents the best ideas of not only Minnesota but also States and territories throughout the Nation that have stepped in to provide reintegration services to their troops. As envisioned, the Yellow Ribbon program included members of the other Reserve components in only a voluntary, unpaid status due to financial constraints. So I would like to thank Chairmen Skelton and Snyder for their support in finding the additional funding necessary to expand this program beyond the National Guard to all Reservists. Let me just close by saying that this program has the support of Lieutenant General Blum, the chief of the National Guard Bureau and many other organizations, the National Guard Association of the United States, the Enlisted Association of the National Guard of the United States, the Naval Reserve Association, the Noncommissioned Officers Association, and the Retired Enlisted Association. I will submit those letters for the Record. Again, I would like to thank Chairmen Skelton and Snyder for their hard work in making this possible. Departments of the Army and the Air Force, Arlington, VA, May 4, 2007. Hon. John Kline, House of Representatives, Washington, DC. Dear Congressman Kline: As you describe in your letter, the Minnesota National Guard's ``Beyond the Yellow Ribbon Reintegration'' program does a great job filling the gap in transition assistance services experienced by all Reserve Component members returning from a combat deployment. I consistently hear from Adjutants General, our troops and their families that the current transition program conducted at the active component demobilization station doesn't well serve the needs of the National Guard and the other Reserve components. We see, for example, that many DD Form 214, Certificate of Release or Discharge from Active Duty, prepared at the active duty demobilization station contain significant errors and require correction at the home station. As you know from your own military experience, the DD 214 is an essential ticket to access veteran's benefits. The time required to correct these forms is a burden on our veterans. Like the rest of the transition assistance program of health care, education, VA and employment counseling, Minnesota, among other states, has demonstrated that it can be provided better at the home station. Several states participated in a National Guard-wide working group convened last fall to capture the best practices nationwide. The recommendations of that working group echo the results of previous twenty-four months of DoD working groups in which my staff has participated. We have just begun another DoD working group, this one chartered by Congress on the subject of Guard and Reserve transition to civilian employment. That report is due to Congress in October 2007. There are several very effective programs in our States to model--the solution set to this issue is well defined. The National Guard Bureau has well documented lessons learned from studying this issue. The need for more time to accomplish transition assistance at the home station is clear. Providing a better transition and reintegration experience for our Guardsmen is a top priority for me and Lieutenant General Clyde Vaughn, the director of the Army National Guard. There are currently 37,000 Guardsmen deployed to fight the war on terror. It's expected that another 60,000 will deploy within the next 18 months. Almost a full third of the National Guard and their families will require transition assistance in the near term. A national program, implemented swiftly, would arrive just in time for them. I salute and appreciate your continuing interest in the welfare of our National Guardsmen. Sincerely, H. Steven Blum, Lieutenant General, U.S. Army, Chief, National Guard Bureau. ____ National Guard Association of the United States, Inc., Washington, DC, May 8, 2007. Hon. John Kline, Longworth House Office Building, Washington, DC. Dear Representative Kline: Since the first militia units were formed in Massachusetts on December 13, 1636, the National Guard has been an indispensable part of our nation's Armed Forces. Members of the National Guard have performed their ``federal'' mission with distinction in every major conflict. Until recently, the National Guard was considered a ``Strategic Reserve.'' However, as the Cold War ended, troop levels in all of our Armed Services were reduced, resulting in the Guard representing a higher percentage of the Total Force. Terrorist attacks by Muslim extremists and other conflicts such as the Balkans, Afghanistan and Iraq have required the United States to take military actions, resulting in significant Guard ``call ups.'' The National Guard is now an ``Operational Force,'' a fact clearly articulated by all senior Pentagon leaders. After risking their lives during deployments, our returning National Guard members often return to civilian life confronting health care issues, legal uncertainties, strained relationships, unemployment, depression, and Post Traumatic Stress Disorders requiring follow-on assistance. NGAUS strongly supports H.R. 2090 now before the 110th Congress which seeks to strengthen and coordinate the programs and benefits available to National Guard members in the critical reintegration process. We owe the young men and women, who are selflessly serving our states and nation, the tools and resources they need to reintegrate with their families and communities upon their return. Anything less is an abrogation of our responsibilities. Sincerely, Stephen M. Koper, Brigadier General, USAF, (ret.), President. ____ Enlisted Association of the National Guard of the United States, Alexandria, VA, May 8, 2007. Hon. John Kline, House of Representatives, Washington, DC. The Enlisted Association of the National Guard of the United States (EANGUS) is the only military service association that represents the interests of every enlisted soldier and airmen in the Army and Air National Guard. With a constituency base of over 414,000 men and women, their families, and a large retiree membership, EANGUS engages Capitol Hill on behalf of courageous Guard persons across this nation. On behalf of EANGUS, I'd like to offer our letter of support for H.R. 2090, the Yellow Ribbon Reintegration Program Act of 2007. Your legislation will establish a national combat veteran reintegration program to [[Page H5139]] provide National Guard members and their families with sufficient information, services, referrals, and proactive outreach opportunities throughout the entire deployment cycle. The model of excellence which began in Minnesota will be a beacon of what right looks like for the rest of the nation. This legislation outlines the program and designates the resources that the National Guard will use to provide assistance where it is most needed. Thank you for your continued support of our military and veterans. If our association can be of further help, feel free to contact our Legislative Director, SGM (Ret) Frank Yoakum. Working for America's Best! Michael P. Cline, Executive Director. ____ Military Officers Association of America, Alexandria, VA, May 8, 2007. Hon. John Kline, House of Representatives, Washington, DC. Dear Representative Kline: On behalf of the nearly 362,000 members of the Military Officers Association of America (MOAA), I am writing to express our support for your bill, H.R. 2090, to improve transition services for returning National Guard and reserve veterans of the war on terror. Nearly six hundred thousand of our nation's citizen- warriors have served on active duty since 9/11 and many thousands more are in the deployment pipeline for second or third tours. The special challenges of reintegrating them back into their communities are addressed in your legislation. H.R. 2090 would establish a national combat veteran reintegration program that models the best practices of state programs to provide reserve component combat veterans and their families the information, outreach support and services they need throughout the entire deployment cycle. Traditional transition assistance programs (TAP) are not meeting the unique needs of our Guard and Reserve troops and their families. Your bill provides a funding network of support that will have a direct impact on the reenlistment and continuation decisions of overstressed citizen-warriors. Your bill supports military personnel readiness in the long war on terror. MOAA strongly supports integrating your bill as an amendment to the House version of the National Defense Authorization Act for FY 2008 and expanding the program as quickly as possible to meet the needs of other mobilized reserve component troops. Sincerely, Norbert Ryan, Jr., President. ____ Naval Reserve Association, Alexandria, VA, May 8, 2007. Hon. John Kline, House of Representatives, Washington, DC. Dear Representative Kline: On behalf of the 23,000 members of the Naval Reserve Association and 73,000 members of the Navy Reserve, I am writing to express our support for your bill, H.R. 2090, to improve transition services for returning Navy Reservist, and Reserve Component veterans of the war on terror. Nearly six hundred thousand of our Nation's citizen- warriors have served on active duty since 9/11 and many thousands more are in the deployment pipeline for second or third tours. The special challenges of reintegrating them back into their communities are addressed in your legislation. H.R. 2090 would establish a national combat veteran reintegration program that models the best practices of state programs to provide reserve component combat veterans and their families the information, outreach support and services they need throughout the entire deployment cycle. Traditional transition assistance programs (TAP) are not meeting the unique needs of our Guard and Reserve troops and their families. Your bill provides a funding network of support that will have a direct impact on the reenlistment and continuation decisions of overstressed citizen-warriors. Your bill supports military personnel readiness in the long war on terror. The Naval Reserve Association strongly supports integrating your bill as an amendment to the House version of the National Defense Authoriztion Act for FY 2008 and expanding the program as quickly as possible to meet the needs of other mobilized reserve component troops. Sincerely, C. Williams Coane, RADM, USNR (Ret.), Executive Director. ____ Non-Commissioned Officers Association of the United States of America, Alexandria, VA, May 8, 2007. Hon. John Kline, House of Representatives, Washington, DC. Dear Representative Kline: I write on behalf of the Members of the Non Commissioned Officers Association to express our support of your bill, H.R. 2090, to improve transition services for returning members of the National Guard and Reserve veterans from America's war on terror. H.R. 2090 would establish a national combat veteran reintegration program that models the best practices of state programs to serve reserve component combat veterans, their families, and survivors with information, outreach support, and vital services they need throughout the entire deployment cycle. Approximately six hundred thousand of our nation's citizen- soldiers have served on active duty since 9/11. Many of these members of the Guard and Reserve and thousands more are in the rotational deployment schedule for a second or third tour. Your legislation is a remarkable step forward to address the transitional needs as they return to their communities. Traditional transition assistance programs (TAP) do not meet the unique needs of members of the Guard and Reserve and their families. The funding network of support proposed in your legislation will directly impact reenlistment and continuation decisions of personnel overcome by the rigors of involvement in the nation's extended war on terror. The NCOA would strongly advocate that your bill be integrated as an amendment in the House version of the National Defense Authorization Act for FY 2008. We need to ramp up programs to meet the needs of all mobilized reserve component personnel. Sincerely, Richard C. Schneider, Executive Director for Government Affairs. ____ The Retired Enlisted Association, Alexandria, VA, May 8, 2007. Hon. John Kline, House of Representatives, Washington, DC. Dear Congressman Kline: On behalf of the more than 100,000 members of The Retired Enlisted Association (TREA), their spouses and families, I am writing in support of your legislation, H.R. 2090, the Yellow Ribbon Reintegration Program Act of 2007. It has been obvious for quite some time that members of the Reserve Component of America's Armed Forces lack the same kinds of support programs when they return from overseas combat theaters that active duty personnel have. Your bill will go far in rectifying that lack of support and we whole-heartedly and enthusiastically support its passage. Many of our members are retired from the Guard and Reserve components and they still care deeply about those who continue to serve. While the situation has changed dramatically in recent years, you may recall that in the past Guard and Reserve personnel were often treated as ``poor stepchildren'' when it came to benefits afforded them in return for their service to our nation. Now that they have become full operational partners of our nation Armed Forces, they must receive the benefits and services they need and deserve and your bill to establish a national combat veteran reintegration program will help accomplish that goal. TREA strongly supports integration of your bill as an amendment to the House version of the FY 2008 National Defense Authorization Act and we look forward to its enactment into law in the coming months. Sincerely, Larry Madison, Legislative Director. ____ Mr. REYES. Madam Chair, I now yield 2 minutes to my good friend and colleague, the gentleman from New Jersey (Mr. Andrews). (Mr. ANDREWS asked and was given permission to revise and extend his remarks.) Mr. ANDREWS. Madam Chair, I rise in support of this bill which I believe merits the support of Members of both parties because it makes three strategic judgements that are very sound and very right. First, it makes the judgment that the highest priority of the Congress should be the pay, the benefits and the well-being of the families of the men and women who wear the uniform of the country. Together, as Republicans and Democrats, we're doing more in this bill than we've ever done before to serve those needs. Second, this bill makes the right strategic judgment to deal with the urgent present needs of men and women in theater in the field. Yes, this is at the expense of future systems that will some day aid our competitive edge. And I believe in funding those systems. But the choice we need to make today is the up-armored vehicles, the weaponry, the training, the support for men and women in Iraq, in Afghanistan, in the heat of battle today. This is the right strategic judgment. Finally, this bill decides to take $764 million out of strategic missile defense, still giving the President 91.5 percent of what he asked for, and spending the money on securing loose nuclear material in the former Soviet Union, spending the money on converting reactors that could be turned into bomb material in the former Soviet Union. These threats were identified as the principal threat to the national security by the 9/11 Commission. This is the right strategic judgment. For these and many other reasons, I would urge both Democrats and Republicans to vote ``yes'' on this very fine bill. [[Page H5140]] Mr. SAXTON. Madam Chairlady, I'd like to yield 4 minutes to the ranking member of the Veterans' Affairs Committee, the gentleman from Indiana (Mr. Buyer). Mr. BUYER. Madam Chair, I come to the floor once again to defend veterans and the country. And I'm also equally disappointed that there are not many veterans willing to stand in the well against provisions in the Defense bill that would increase the price of prescription drugs in the VA. Now, why don't I have enough friends in the well? Well, they're going to have to answer for themselves for that question. But what is occurring here in the House is an assault upon drug manufacturers in the country. There is this quest and design that, let's get what available drug there is out there to everyone at the lowest price. How wonderful that would be. We, in this country, have a unique system. It's called the free market. It's called capitalism. We say unto the world, bring your greatest minds to America. You can go to the capital market, you can make an investment at risk to press the bounds of science that will increase the quality of life of our people and those around the world. Yet, there's an assault upon that system. The assault continues. It began in January whereby the Democrat majority wanted to extend Medicare drug pricing by saying, let's take the VA Federal Supply Schedule and extend that into the Medicare. Bad idea. Democrats tried that back in 1990 and found out that, whoa, that increased drug prices to veterans, and repealed it. But they passed it again in January. Now, what did they do in the Defense bill? In this Defense bill they've now taken the extension of the Federal Supply Schedule and extended it into the retail drug pharmacy benefit. When I did the redesign of the TRICARE pharmacy benefit in the Department of Defense, I created not only the retail network pharmacy benefit, I created the out of retail network pharmacy benefit, and at no time did I ever, ever, believe that we would extend Federal Supply Schedule into the TRICARE pharmacy. So what is about to happen? When you take the system in the VA and you extend that, and you create the pool and make it larger, you are cost shifting. And when you cost shift, you're going to increase these prices in the VA. Now, in the VA that's about 7 million veterans. It's about 1 percent of the market. You say, oh, Steve, that's not a big number. Well, it is ironic to me how Members will pound their chests and say, well, you know, I said no to an increase in a pharmacy copay, but they're about to vote ``yes'' to increase drug prices for veterans when they vote for this Defense bill. This is wrong, and it should not be done, and I'm appealing to Members not to do this. And I am disturbed, disturbed that my good friend, Ike Skelton, denied two of my amendments. I've worked for 15 years with Chairman Skelton on many, many different issues, and I am stunned that he would deny my opportunity to offer two amendments. One was very simple. It would be to have the Secretary certify that before he could implement this program you have to certify it will not increase prices on the VA. Why would you deny that amendment? They are going to deny the amendment because they know, going into this, that the creation of this program is going to increase prices on veterans. I just cannot believe we're about to do that here. Secondly, we should listen to the experts. If you're about to deny a particular drug under the formulary on TRICARE, you'd better have a pretty good reason, and we ought to be able to go to the committee to do that. But they're not going to do that. At this point I am pretty disturbed. {time} 1600 Mr. SAXTON. Madam Chairman, I reserve the balance of my time. Mr. SNYDER. Madam Chairman, I yield 1\1/2\ minutes to my colleague the gentlewoman from California (Mrs. Davis). Mrs. DAVIS of California. Madam Chairman, I rise today in support of H.R. 1585. This legislation recognizes the extraordinary efforts by our servicemembers and makes great strides towards resetting our force and ensuring our overall readiness. However, it is only the beginning. We know that part of readiness is having a military health care system that understands the strains on our force and is capable of handling the mental health needs of our servicemembers both at home and abroad. If we are going to deploy our men and women at the current pace, we must, we must, make sure we understand the consequences of our policy decisions. We must prepare our troops for the stress of service in theater. I agree with General Petraeus, who recently spoke in favor of redoubling our education efforts to identify potentials for abuse among our servicemembers. The recent Army study indicating tolerance of torture among some of our troops shows why we need to do more. Through mental health provisions in this bill, Congress has begun to ask important questions, important questions about the results of war and developing best practices for identifying and treating combat- related stress disorders. I strongly urge my colleagues to vote in favor of this legislation. Mr. KLINE of Minnesota. Madam Chairman, at this time I am pleased to yield 3\1/2\ minutes to my friend and colleague, the gentleman from Georgia, Dr. Gingrey, a member of the Armed Services Committee. Mr. GINGREY. Madam Chairman, I thank the gentleman from Minnesota for yielding. I rise today in support of H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008. I would like to say a special thanks to Chairman Skelton, my good friend, and also to Ranking Member Hunter, as well as Subcommittee Chairman Abercrombie and Ranking Member Saxton, for their tireless efforts in support of our soldiers, our sailors, our airmen, and marines who are bravely defending us both at home and abroad. Madam Chairman, while not a perfect bill, this legislation covers a wide scope of issues that are vitally important to our armed services, both active and reserve components, and clearly meets the immediate needs of the warfighter. From a 3.5 percent across-the-board pay raise to an additional $4.1 billion for the MRAP, Mine Resistant Ambush Protected vehicles, this legislation addresses the most pressing needs of our troops during a very, very trying time for this country. I am further pleased that the bill provides for an increase of 13,000 Army and 9,000 Marine Corps active-duty personnel, as well as $1 billion for National Guard equipment. While I applaud the work of the committee in addressing pressing readiness issues, I am very concerned, Madam Chairman, about the deep cuts to missile defense and, of course, the Army Future Combat Systems. A viable missile defense system is critical to deterring and countering emerging threats to our national security, especially as Iran and North Korea develop their nuclear capabilities. I look forward to working with Chairman Skelton and Ranking Member Hunter and the rest of the committee as this bill moves forward to address these program needs. I am pleased, however, that the Armed Services Committee voted unanimously on a bipartisan basis to support another program critical to our national security. Madam Chairman, that is section 1243 of this bill. It affirms that WHINSEC, the Western Hemisphere Institute for Security Cooperation, is effectively accomplishing its mission and expresses that because of this success, the Department of Defense should continue utilizing this program to promote security cooperation with Latin American countries. Those who have been taking the time to visit WHINSEC at Fort Benning in Columbus understand the critical importance of this program. By virtue of WHINSEC, the United States is able to engage the military and the security forces of Central and South American countries in a forum where they will be able to learn our values regarding democracy and human rights, especially now human rights, while also being trained in counter-narcotics and counter-terrorism tactics. It is so important to remember that this may be the only medium we ever have to engage the future military and political leaders of these Latin American countries, who are America's closest neighbors; and they can serve as [[Page H5141]] our closest allies. If we were not to engage with these nations, we would be abandoning our most effective means of developing relationships with the security forces of Central and South America. The void created would be filled by countries with different values than our own regarding democracy and human rights, countries, Madam Chairman, such as Venezuela and China, whose influence in the region is growing. And, therefore, I am glad that the Armed Services Committee stands behind WHINSEC. Madam Chairman, there is much to be proud of in this bill, and I again commend Chairman Skelton and Ranking Member Hunter for their efforts to keep this bill focused on the needs of the warfighter, a fact I hope is not lost as we progress through the amendment process. I urge all my colleagues to remember the importance of a strong national defense and to prioritize that over partisan issues which divide us. Mr. KLINE of Minnesota. Madam Chairman, I yield to the gentleman from Indiana (Mr. Buyer) for the purposes of making a motion. motion to rise offered by mr. buyer Mr. BUYER. Madam Chairman, I move that the Committee do now rise. The Acting CHAIRMAN. The question is on the motion to rise. The question was taken; and the Chairman announced that the noes appeared to have it. Mr. BUYER. Madam Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present. The Acting CHAIRMAN. The Chair will count for a quorum. Does the gentleman from Indiana withdraw his point of order? Mr. BUYER. I do not. The Acting CHAIRMAN. Evidently a quorum is not present. Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 minutes the minimum time for an electronic vote, if ordered, on the pending question following this quorum call. Members will record their presence by electronic device. The following Members responded to their names: [Roll No. 360] Ackerman Aderholt Akin Alexander Allen Altmire Andrews Arcuri Baca Bachmann Bachus Baird Baker Baldwin Barrett (SC) Barrow Bartlett (MD) Barton (TX) Bean Becerra Berkley Berry Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Blackburn Blumenauer Boehner Bonner Bono Boozman Boren Boswell Boucher Boustany Boyd (FL) Boyda (KS) Brady (PA) Brady (TX) Braley (IA) Brown (SC) Brown, Corrine Brown-Waite, Ginny Buchanan Burgess Burton (IN) Butterfield Buyer Camp (MI) Campbell (CA) Cannon Cantor Capito Capps Capuano Cardoza Carnahan Carney Carson Carter Castle Castor Chabot Chandler Clarke Clay Cleaver Clyburn Coble Cohen Cole (OK) Conaway Conyers Cooper Costa Costello Courtney Cramer Crenshaw Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis (KY) Davis, David Davis, Tom Deal (GA) DeFazio DeGette Delahunt DeLauro Dent Diaz-Balart, L. Diaz-Balart, M. Dicks Dingell Doggett Donnelly Doolittle Drake Dreier Duncan Edwards Ehlers Ellison Ellsworth Emanuel Emerson English (PA) Eshoo Etheridge Everett Fallin Farr Fattah Feeney Ferguson Filner Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Giffords Gilchrest Gillibrand Gillmor Gingrey Gohmert Gonzalez Goode Goodlatte Gordon Granger Graves Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hall (TX) Hare Hastings (FL) Hastings (WA) Hayes Heller Hensarling Herger Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hobson Hodes Hoekstra Holt Honda Hooley Hoyer Hulshof Hunter Inglis (SC) Inslee Israel Issa Jackson (IL) Jackson-Lee (TX) Jefferson Jindal Johnson (GA) Johnson (IL) Johnson, Sam Jones (NC) Jones (OH) Jordan Kagen Kanjorski Kaptur Keller Kennedy Kildee Kilpatrick Kind King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kucinich Kuhl (NY) LaHood Lamborn Lampson Langevin Lantos Larsen (WA) Latham LaTourette Lee Levin Lewis (CA) Lewis (GA) Lewis (KY) Linder Lipinski LoBiondo Loebsack Lofgren, Zoe Lowey Lucas Lungren, Daniel E. Lynch Mack Mahoney (FL) Maloney (NY) Manzullo Marchant Markey Marshall Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul (TX) McCollum (MN) McCotter McCrery McDermott McGovern McHenry McHugh McIntyre McKeon McNerney McNulty Meehan Meek (FL) Meeks (NY) Melancon Mica Michaud Miller (MI) Miller (NC) Miller, Gary Mitchell Mollohan Moore (KS) Moore (WI) Moran (KS) Moran (VA) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Musgrave Myrick Napolitano Neal (MA) Neugebauer Nunes Oberstar Obey Olver Ortiz Pallone Pascrell Pastor Paul Pearce Pence Perlmutter Peterson (MN) Petri Pickering Pitts Poe Pomeroy Porter Price (GA) Price (NC) Pryce (OH) Putnam Radanovich Rahall Ramstad Rangel Regula Rehberg Reichert Renzi Reyes Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Ross Rothman Roybal-Allard Royce Ruppersberger Rush Ryan (OH) Ryan (WI) Salazar Sali Sanchez, Linda T. Sanchez, Loretta Sarbanes Saxton Schakowsky Schiff Schmidt Schwartz Scott (GA) Scott (VA) Sensenbrenner Serrano Sessions Sestak Shadegg Shays Shea-Porter Sherman Shimkus Shuler Shuster Simpson Sires Skelton Slaughter Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Snyder Solis Space Spratt Stearns Stupak Sullivan Sutton Tancredo Tanner Tauscher Taylor Terry Thompson (CA) Thompson (MS) Thornberry Tiahrt Tiberi Tierney Towns Turner Udall (CO) Udall (NM) Upton Van Hollen Velazquez Visclosky Walberg Walden (OR) Walsh (NY) Walz (MN) Wamp Wasserman Schultz Waters Watson Watt Weiner Welch (VT) Weldon (FL) Weller Westmoreland Wexler Whitfield Wicker Wilson (NM) Wilson (OH) Wilson (SC) Wolf Wu Wynn Yarmuth Young (AK) Young (FL) Announcement by the Acting Chairman The Acting CHAIRMAN (during the vote). Members are advised they have 2 minutes remaining to register their vote. {time} 1629 The Acting CHAIRMAN (Mrs. Jones of Ohio). On this quorum call, 403 have responded, a quorum. Recorded Vote The Acting CHAIRMAN. Pending is the demand of the gentleman from Indiana for a recorded vote. A recorded vote was ordered. The Acting CHAIRMAN. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 178, noes 217, not voting 42, as follows: [Roll No. 361] AYES--178 Aderholt Akin Alexander Bachus Baker Barrett (SC) Bartlett (MD) Barton (TX) Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Bonner Bono Boozman Boustany Brady (TX) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Camp (MI) Campbell (CA) Cannon Capito Carter Chabot Coble Cole (OK) Conaway Culberson Davis (KY) Davis, David Davis, Tom Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Doolittle Drake Dreier Duncan Ehlers Emerson English (PA) Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gillmor Gingrey Gohmert Goode Granger Graves Hall (TX) Hastings (WA) Hayes Heller Hensarling Hobson Hoekstra Hulshof Inglis (SC) Issa Jindal Johnson (IL) Johnson, Sam Jones (NC) Jordan Keller King (IA) King (NY) Kingston Kirk Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Latham LaTourette Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Manzullo Marchant McCarthy (CA) McCaul (TX) McCotter McCrery McHenry McHugh McKeon Mica Miller (MI) Miller, Gary Moran (KS) Musgrave Myrick Neugebauer Nunes Paul Pearce Pence Petri Pickering Pitts Platts Poe Porter Price (GA) Pryce (OH) Radanovich Ramstad Regula Rehberg Reichert Renzi Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Royce Sali Saxton Schmidt Sensenbrenner Sessions Shadegg Shays Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Souder Stearns Sullivan Tancredo Terry Thornberry Tiahrt Tiberi Turner [[Page H5142]] Upton Walberg Walden (OR) Wamp Weldon (FL) Weller Westmoreland Wicker Wilson (NM) Wilson (SC) Wolf Young (AK) NOES--217 Ackerman Allen Altmire Andrews Arcuri Baca Baird Baldwin Barrow Bean Becerra Berkley Berman Berry Bishop (GA) Bishop (NY) Boren Boswell Boucher Boyd (FL) Boyda (KS) Brady (PA) Braley (IA) Brown, Corrine Butterfield Capps Capuano Cardoza Carnahan Carney Carson Castle Castor Chandler Clarke Clay Cleaver Clyburn Cohen Conyers Cooper Costa Costello Courtney Cramer Crenshaw Crowley Cuellar Cummings Davis (AL) Davis (CA) Davis (IL) Davis, Lincoln DeFazio DeGette Delahunt DeLauro Dicks Doggett Donnelly Edwards Ellison Ellsworth Emanuel Eshoo Etheridge Farr Fattah Filner Frank (MA) Giffords Gillibrand Gonzalez Gordon Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Hastings (FL) Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hodes Holt Honda Hooley Hoyer Inslee Israel Jackson (IL) Jackson-Lee (TX) Jefferson Johnson (GA) Jones (OH) Kagen Kanjorski Kaptur Kennedy Kildee Kilpatrick Kind Klein (FL) Kucinich Lampson Langevin Lantos Larsen (WA) Lee Levin Lipinski Loebsack Lofgren, Zoe Lowey Lynch Mahoney (FL) Maloney (NY) Markey Marshall Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McIntyre McNerney McNulty Meehan Meek (FL) Meeks (NY) Melancon Michaud Mitchell Mollohan Moore (KS) Moore (WI) Moran (VA) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Napolitano Neal (MA) Oberstar Obey Olver Ortiz Pallone Pascrell Pastor Perlmutter Peterson (MN) Pomeroy Price (NC) Rahall Rangel Reyes Rodriguez Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Salazar Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schwartz Scott (GA) Scott (VA) Serrano Sestak Shea-Porter Sherman Sires Slaughter Smith (WA) Snyder Solis Space Spratt Stupak Sutton Tanner Tauscher Taylor Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Van Hollen Velazquez Visclosky Walsh (NY) Walz (MN) Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Wexler Wilson (OH) Wu Wynn Yarmuth NOT VOTING--42 Abercrombie Bachmann Blumenauer Boehner Bordallo Buyer Calvert Cantor Christensen Cubin Davis, Jo Ann Dingell Doyle Engel Faleomavaega Gilchrest Goodlatte Harman Hastert Herger Holden Hunter Johnson, E. B. Larson (CT) Lewis (GA) McMorris Rodgers Miller (FL) Miller (NC) Miller, George Nadler Norton Payne Peterson (PA) Putnam Reynolds Roskam Ryan (WI) Skelton Stark Whitfield Woolsey Young (FL) Announcement by the Acting Chairman The Acting CHAIRMAN (during the vote). Members are advised 2 minutes remain in this vote. {time} 1638 So the motion to rise was rejected. The result of the vote was announced as above recorded. Mr. SKELTON. Madam Chairman, I yield 1 minute to the gentleman from Connecticut (Mr. Courtney), a member of the Armed Services Committee. Mr. COURTNEY. Madam Speaker, in 2001, when President George Bush took office, the size of the United States Navy consisted of 315 ships and submarines. Today, the size of that Navy has fallen to 276 ships and submarines. Despite this shocking decline and the damage, the damage, that it has done to our shipbuilding base in this country, the President continued to propose a shipbuilding budget this year which will continue that deterioration. If his shipbuilding plan continues, for example, the size of our Virginia-class attack submarine fleet will fall below 40 submarines, starting 7 years from now, and will stay there for 15 years. That is far below what the Navy has warned us is an acceptable level for a submarine fleet to meet its mission request. I rise in support of this Defense bill because it will stop the decline that has occurred over the last 6 years of America's Navy and will invest $588 million in an advanced procurement for a Virginia- class attack submarine and stop the bathtub effect of the decline of the submarine production schedule which the President proposed. Madam Chairman, I applaud Chairman Skelton and Chairman Taylor for their efforts to restore the size of our Navy. Mr. KLINE of Minnesota. Mr. Chairman, I am pleased to yield 3 minutes to the gentleman from South Carolina (Mr. Wilson). Mr. WILSON of South Carolina. Thank you, Congressman Kline. Thank you for your leadership and your service in the Marine Corps of the United States. Thank you for your family's participation, serving today as part of our effort overseas. I am very proud of your son's service. We are very grateful to the Kline family of Minnesota. I rise today in support of H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, and its provision for authorizing additional troop strength for both the United States Army and Marine Corps. I appreciate Chairman Ike Skelton and Ranking Member Duncan Hunter's work in crafting this legislation. As directed by the House Committee on Armed Services, in fiscal year 2008 the Army's end strength will be 525,400, a 13,000-person increase, and the Marine Corps' end strength will be 189,000, 9,000 more than last year. As a member of the Armed Services Committee, as a 31-year veteran of the Army Reserves and Guard, and, most importantly, as the proud parents of four sons who are serving in the military today, I know firsthand of the extraordinary opportunities of military service. Increasing the size of our military is imperative in our fight to win the global war on terrorism. By ensuring we have an adequate number of soldiers, we can decrease troop deployment time and increase training and readiness, thus improving our military's capability and effectiveness. The bases I directly represent, Fort Jackson for the Army and Parris Island for the Marines, are producing the best professionals to protect American families in the world. I am particularly pleased that the effort to increase troop strength is bipartisan. I have been impressed that last year Congresswoman Ellen Tauscher of California introduced legislation for troop strength increase. In conclusion, God bless our troops, and we will never forget September 11. Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend, the gentlewoman from New Hampshire, Ms. Shea-Porter. Ms. SHEA-PORTER. Madam Chairman, I was honored to be a military spouse, and I am now honored to be in the House of Representatives and on the Armed Services Committee. I stand here today in support of this bill. This bill takes care of our military men and women and it also takes care of their families. It provides a raise for the military that is long overdue. It provides for their housing. It takes care of our military and our families. And it cares for those who are injured, especially brain injuries, which we are concentrating on now. It helps rebuild the military. Our military has been weakened by the war in Iraq, and it is now time to support these people. So I am very proud to stand here. It also takes care of the National Guard. It will provide a fourth star for the National Guard so they will have a seat at the table to talk about the policy in the United States. The National Guard deserves this. They also have an increase in the budget of $1 billion. So I am proud here as a member of the Armed Services Committee to lend my support to this and to urge my colleagues to vote for this. {time} 1645 Mr. KLINE of Minnesota. Madam Chair, I yield 3\1/2\ minutes to the gentleman from Indiana (Mr. Buyer). Mr. BUYER. Thank you very much for yielding. I am back on the floor, and I am here to make an appeal to my good friend, Ike Skelton. I am here to make an appeal, Mr. Chairman, because I need you to help me. Help me understand why I shouldn't be so upset here today. You have a provision in the bill that is going to open up the Federal Supply Schedule and extend that pricing into DOD whereby when you do that we expand the pool. When you expand the [[Page H5143]] pool, you cost shift. Not only do you cost shift, you are going to increase pharmaceutical costs onto 7 million veterans. So our history here is that it was a Democrat-controlled Congress back in 1992 that said we are going to create the Federal Supply Schedule and we are going to do this cost control. Why? Because if anyone is entitled in our society to have this benefit, it is our disabled veterans. Then what happened? Then in the 1990s we sort of reformed eligibility with regard to the VA and expanded that criteria so the Federal Supply Schedule expanded beyond the disabled veterans now to all veterans. And now what has happened, you want to expand it, Chairman Skelton, into the DOD TRICARE pharmacy benefit program. When you do that, we are going to increase the price of prescription drugs for veterans. Do not go home and pound your chest and say I am denying increase in copays when you are about to vote for increases in drug prices for 7 million veterans. Chairman Skelton, I offered two amendments before the committee, and they were both denied. Announcement by the Acting Chairman The Acting CHAIRMAN. Members are reminded to direct their comments to the Chair, not to another Member in the second person. Mr. BUYER. Madam Chairman, I offered two amendments directly to the Rules Committee asking one of my colleagues, who is the chairman of the Armed Services Committee, to do these amendments, and they were denied. It was dumbfounding to me. Mr. KENNEDY. If the gentleman would yield and answer how it would raise the cost to veterans and explain how it would, that would be helpful. Mr. BUYER. Sure. If Federal discounts expand, price levels would be pushed up, the VA would pay a higher price for the drugs it provides to veterans. So this would place an increased pressure on the funding of veterans health care. Mr. KENNEDY. According to whom? Mr. BUYER. GAO even did an analysis of the expansion. We asked them to look at it with regard to Medicare, when you tried to do it on Medicare, and pass the House. We know that any time you expand Federal pricing and you increase the pool, drug prices in fact will go up. As a matter of fact in 1990, talk to Chairman John Dingell because he passed that back in 1990, and they realized they made a mistake and it increased the price on veterans, and we had to repeal it. I ask you to talk to Chairman Dingell. Mr. KENNEDY. Well, I am sure the pharmaceutical industry would tell you that because they have a lot to lose by expanding it. Mr. BUYER. I reclaim my time. Who has a lot to lose? We all have a lot to lose. If you want to open up and do price controls in pharmaceutical manufacturing, we all lose as a society. We will all lose. Motion to Rise Offered by Mr. Buyer Mr. BUYER. Madam Chairman, I move that the Committee do now rise. The Acting CHAIRMAN. Does the gentleman from Minnesota yield for purposes of that motion? Mr. KLINE of Minnesota. Yes, I yield for purposes of the motion. The Acting CHAIRMAN. The question is on the motion to rise. The question was taken; and the Acting Chairman announced that the noes appeared to have it. Mr. BUYER. Madam Chairman, I demand a recorded vote, and pending that, I make the point of order that a quorum is not present. The Acting CHAIRMAN. The Chair will count for a quorum. Does the gentleman from Indiana withdraw his point of order? Mr. BUYER. I do not. The Acting CHAIRMAN. Evidently a quorum is not present. Pursuant to clause 6 of rule XVIII, the Chair will reduce to 5 minutes the minimum time for an electronic vote, if ordered, on the pending question following this quorum call. Members will record their presence by electronic device. The following Members responded to their names: [Roll No. 362] Ackerman Aderholt Akin Alexander Allen Altmire Andrews Arcuri Baca Bachmann Baker Baldwin Barrett (SC) Barrow Bartlett (MD) Barton (TX) Becerra Berkley Berman Berry Biggert Bilbray Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenauer Blunt Boehner Bonner Bono Boozman Boren Boswell Boucher Boustany Boyd (FL) Boyda (KS) Brady (PA) Brady (TX) Braley (IA) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Butterfield Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Capuano Cardoza Carnahan Carney Carson Carter Castle Castor Chabot Chandler Clarke Clay Cleaver Clyburn Coble Cohen Cole (OK) Conaway Conyers Cooper Costello Courtney Cramer Crenshaw Crowley Cuellar Culberson Cummings Davis (CA) Davis (IL) Davis (KY) Davis, David Davis, Lincoln Davis, Tom Deal (GA) DeFazio DeGette Delahunt DeLauro Dent Diaz-Balart, L. Diaz-Balart, M. Dicks Dingell Doggett Donnelly Doolittle Dreier Duncan Edwards Ehlers Ellison Ellsworth Emanuel Emerson English (PA) Eshoo Etheridge Everett Fallin Farr Fattah Feeney Ferguson Filner Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Giffords Gilchrest Gillibrand Gillmor Gingrey Gohmert Gonzalez Goode Goodlatte Gordon Granger Graves Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hall (TX) Hare Harman Hastert Hastings (FL) Hastings (WA) Hayes Heller Hensarling Herger Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hobson Hodes Hoekstra Holden Holt Hooley Hoyer Hunter Inglis (SC) Inslee Israel Issa Jackson (IL) Jackson-Lee (TX) Jefferson Jindal Johnson (GA) Johnson (IL) Johnson, E. B. Johnson, Sam Jones (NC) Jones (OH) Jordan Kagen Kanjorski Kaptur Keller Kennedy Kildee Kilpatrick Kind King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kucinich Kuhl (NY) LaHood Lamborn Lampson Langevin Lantos Larsen (WA) Larson (CT) Latham LaTourette Lee Levin Lewis (CA) Lewis (GA) Lewis (KY) Linder Lipinski LoBiondo Loebsack Lofgren, Zoe Lowey Lucas Lungren, Daniel E. Mack Mahoney (FL) Maloney (NY) Manzullo Marchant Markey Marshall Matheson Matsui McCarthy (CA) McCarthy (NY) McCaul (TX) McCotter McCrery McDermott McGovern McHenry McHugh McIntyre McKeon McNerney McNulty Meehan Meek (FL) Melancon Mica Michaud Miller (MI) Miller, Gary Mitchell Mollohan Moore (KS) Moore (WI) Moran (KS) Moran (VA) Murphy (CT) Murphy, Patrick Murtha Musgrave Myrick Napolitano Neal (MA) Neugebauer Nunes Oberstar Obey Ortiz Pallone Pascrell Pastor Paul Pearce Pence Peterson (MN) Petri Pickering Pitts Platts Poe Pomeroy Porter Price (GA) Price (NC) Pryce (OH) Putnam Radanovich Rahall Ramstad Rangel Regula Rehberg Reichert Renzi Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Ross Rothman Roybal-Allard Royce Ruppersberger Rush Ryan (OH) Ryan (WI) Salazar Sali Sanchez, Linda T. Sanchez, Loretta Saxton Schakowsky Schiff Schmidt Schwartz Scott (GA) Scott (VA) Sensenbrenner Serrano Sessions Sestak Shadegg Shays Shea-Porter Sherman Shimkus Shuler Shuster Simpson Sires Skelton Slaughter Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Snyder Solis Souder Space Spratt Stearns Stupak Sullivan Sutton Tancredo Tanner Tauscher Taylor Terry Thompson (CA) Thompson (MS) Thornberry Tiahrt Tiberi Tierney Towns Turner Udall (CO) Udall (NM) Upton Van Hollen Velazquez Visclosky Walberg Walden (OR) Walsh (NY) Walz (MN) Wamp Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Weldon (FL) Weller Westmoreland Wexler Wicker Wilson (NM) Wilson (OH) Wilson (SC) Wolf Wu Yarmuth Young (AK) Young (FL) {time} 1713 The Acting CHAIRMAN. On this quorum call, 398 have responded, a quorum. Recorded Vote The Acting CHAIRMAN. Pending is the demand of the gentleman from Indiana for a recorded vote. A recorded vote was ordered. The Acting CHAIRMAN. This is a 5-minute vote. [[Page H5144]] The vote was taken by electronic device, and there were--ayes 188, noes 221, not voting 28, as follows: [Roll No. 363] AYES--188 Aderholt Akin Alexander Bachmann Baker Barrett (SC) Bartlett (MD) Barton (TX) Berman Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Boehner Bonner Bono Boozman Boustany Brady (TX) Brown (SC) Brown-Waite, Ginny Buchanan Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Carter Chabot Coble Cole (OK) Conaway Crenshaw Culberson Davis (KY) Davis, David Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Doolittle Drake Dreier Duncan Ehlers Emerson English (PA) Everett Fallin Feeney Ferguson Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Giffords Gillmor Gingrey Goode Goodlatte Granger Graves Hall (TX) Hastert Hastings (WA) Hayes Heller Hensarling Herger Hobson Hoekstra Inglis (SC) Issa Jindal Johnson (IL) Johnson, Sam Jordan Keller King (IA) King (NY) Kingston Kirk Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Latham LaTourette Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Manzullo Marchant McCarthy (CA) McCaul (TX) McCotter McCrery McHenry McHugh McKeon Mica Miller (MI) Miller, Gary Moran (KS) Musgrave Myrick Neugebauer Nunes Paul Pearce Pence Petri Pickering Pitts Platts Poe Porter Price (GA) Pryce (OH) Putnam Radanovich Regula Rehberg Reichert Renzi Reynolds Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Royce Ryan (WI) Sali Saxton Schmidt Sensenbrenner Sessions Shadegg Shays Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Souder Stearns Sullivan Tancredo Terry Thornberry Tiahrt Tiberi Turner Upton Van Hollen Walberg Walden (OR) Walsh (NY) Wamp Weldon (FL) Weller Westmoreland Whitfield Wilson (NM) Wilson (SC) Wolf Young (AK) Young (FL) NOES--221 Ackerman Allen Altmire Andrews Arcuri Baca Baldwin Barrow Bean Becerra Berkley Berry Bishop (GA) Bishop (NY) Blumenauer Boren Boswell Boucher Boyd (FL) Boyda (KS) Brady (PA) Braley (IA) Burgess Butterfield Capuano Cardoza Carnahan Carney Carson Castle Castor Chandler Clarke Clay Cleaver Clyburn Cohen Conyers Cooper Costa Costello Courtney Cramer Crowley Cuellar Cummings Davis (CA) Davis (IL) Davis, Lincoln Davis, Tom DeFazio DeGette Delahunt DeLauro Dicks Dingell Doggett Donnelly Edwards Ellison Ellsworth Emanuel Eshoo Etheridge Farr Fattah Filner Frank (MA) Gilchrest Gillibrand Gonzalez Gordon Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Harman Herseth Sandlin Higgins Hill Hinchey Hinojosa Hirono Hodes Holden Holt Hooley Hoyer Hunter Inslee Israel Jackson (IL) Jackson-Lee (TX) Jefferson Johnson (GA) Johnson, E. B. Jones (NC) Jones (OH) Kagen Kanjorski Kaptur Kennedy Kildee Kilpatrick Kind Klein (FL) Kucinich Lampson Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lynch Mahoney (FL) Maloney (NY) Markey Marshall Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McIntyre McNerney McNulty Meehan Meek (FL) Meeks (NY) Melancon Michaud Mitchell Mollohan Moore (KS) Moore (WI) Moran (VA) Murphy (CT) Murphy, Patrick Murphy, Tim Murtha Napolitano Neal (MA) Oberstar Obey Olver Ortiz Pallone Pascrell Pastor Perlmutter Peterson (MN) Pomeroy Price (NC) Rahall Ramstad Rangel Reyes Rodriguez Ross Rothman Roybal-Allard Ruppersberger Rush Ryan (OH) Salazar Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schwartz Scott (GA) Scott (VA) Serrano Sestak Shea-Porter Sherman Sires Skelton Slaughter Smith (WA) Snyder Solis Space Spratt Stark Stupak Sutton Tanner Tauscher Taylor Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watt Waxman Weiner Welch (VT) Wexler Wicker Wilson (OH) Woolsey Wu Yarmuth NOT VOTING--28 Abercrombie Bachus Baird Bordallo Brown, Corrine Capps Christensen Cubin Davis (AL) Davis, Jo Ann Doyle Engel Faleomavaega Flake Gohmert Hastings (FL) Honda Hulshof McMorris Rodgers Miller (FL) Miller (NC) Miller, George Nadler Norton Payne Peterson (PA) Watson Wynn Announcement by the Acting Chairman The Acting CHAIRMAN (during the vote). Members are advised there are 2 minutes remaining in this vote. {time} 1723 Mr. OBEY changed his vote from ``present'' to ``no.'' So the motion to rise was rejected. The result of the vote was announced as above recorded. Mr. SKELTON. Madam Chairman, I yield 2 minutes at this time to the gentleman from Georgia, my friend, Mr. Marshall, who is also a member of the Armed Services Committee. Mr. MARSHALL. Mr. Chairman, I very much appreciate the job that you and the ranking member and the staff and members of the committee have done in putting this bill together. It is an appropriate balance. Madam Chairman, the bill appropriately balances the needs of all of our branches and all of the different defense needs that we have, both present and future, whether it's in space or land or air or on the water. What I want to particularly mention is that part of the bill that contemplates the kinds of conflicts that we are likely to have in the future and how we need to organize ourselves to better address those conflicts. We have found, with our experience in Afghanistan and Iraq most recently, but historically with our experience in Vietnam, that our conventional force has a very difficult time dealing with the kind of conflicts that we are seeing in Iraq, Afghanistan, and the kind of conflict that we saw in Vietnam. In Vietnam and today, we learned lessons, and those lessons are reflected in some of the things that we have in the committee's report and in the bill itself. We contemplate, for example, that in the Special Operations Command, more emphasis will be placed upon special forces and building partner capacity and developing partnerships globally that can enable us to work effectively with indigenous populations since, frankly, those indigenous populations are the ones that are going to have to be principally responsible for security issues within those countries. We are in a new era here across the globe. Angry individuals have access to information that can enable them to develop very lethal weapons. Robert Wright describes this as the ``growing lethality of hatred.'' It's a new era. It requires a new approach. I think this bill heads in that direction, and I expect over the future years will head even more in that direction. That approach has to involve effective partnerships with security forces worldwide to keep an eye out for the kinds of threats that can be brought home to the United States. I thank the gentleman for his leadership. Mr. HUNTER. Madam Chairman, I think we only have about 2\1/2\ minutes left on this side. I would continue to reserve and ask my good friend from Missouri to recognize some more of his speakers. Mr. SKELTON. Madam Chairman, I yield 1\1/2\ minutes to the gentleman, my friend and colleague, the gentleman from Maryland (Mr. Cummings), who is also a member of the Armed Services Committee. Mr. CUMMINGS. Madam Chairman, I rise today in support of the National Defense Authorization Act. This legislation is of vital importance, because it ensures that the Department of Defense has the funding necessary to replenish the depleted resources of the U.S. military and provides accountability standards as our military operations continue in Iraq. One of the critical issues we addressed in the House Armed Services Committee was the need to support our troops in combat operations. We accomplish this task by providing $141.8 billion in emergency supplemental spending, which will provide for new combat vehicles and armor that will protect our men and women in uniform from traumatic brain injuries and [[Page H5145]] increase their overall survival rate. Additionally, this bill safeguards and enhances access to care and treatment programs for our injured servicemembers under the auspices of the Wounded Warriors Assistance Act. Finally, we address the need for oversight and accountability standards for our military operations in Iraq. Congressman David Loebsack and I have an amendment included in the bill that requires Secretary Gates, General Petraeus and Ambassador Crocker to submit reports to the Congress on the status of the implementation of the Joint Campaign Plan. I urge my colleagues to vote in favor of this critical defense bill. Mr. SKELTON. Madam Chairman, I yield 2 minutes to the gentleman from Iowa (Mr. Boswell). Mr. BOSWELL. First, I, too, would like to join with others in our appreciation of Chairman Skelton and Mr. Duncan for their good work, 58 unanimous votes coming out of committee. That says a lot. Madam Chairman, I think it's important for us to realize some things in the future that are going on with our forces that many of us who participated over the years, you and I, have got some concern about, that's readiness. If you haven't talked to your adjutant generals back in your home State, you ought to do that. You ought to have a talk with them, because it's something we ought to address. I know the ranking member and chairman understand this, but we have to do it. You have got a good bill. You have done what we ought to do. We have to think about what happens next. I think we have to realize that there is some disparity about what is going on, even in the Iraq operation, because we have to figure out what we want to do in the future. What do we want as the policy, as the structure, as we think about the added forces that we are going to have to do. We think about deployment. You know, they tell me that about 80 percent of the casualties over there, and probably some of you have more accurate information, are from the infantry. But they are only about 20 percent of the force. You think about that, there's something going on here that's evolved in all of this that we haven't really addressed. We are thinking about the dearth of those who are reenlisting in the very important rank, the backbone of the Army, and I would guess the Marines as well, and that's the E-6. There are more of those that are doing the leadership positions throughout a various variety of things, as well as the O-2s and O-3s. {time} 1730 And those are young people, younger people, who have got some amount of service, but they have got to talk to their families about reenlisting and continuing on. They are not staying, and this ought to be a concern. We have got to address that, and we have got to do that in the very, very near future. So we have to sit down and say, what is our structure, what is our policy, before we go ahead and do the things that we have to do. Mr. SKELTON. I yield 2 minutes to my friend, the gentleman from Rhode Island (Mr. Kennedy). Mr. KENNEDY. Madam Chair, I want to acknowledge Chairman Skelton and Ranking Member Hunter for their good work on this bill. This authorization has very strong provisions on mental health, a number of them addressing the stigma issues regarding mental health, identifying the reintegration needs of our Reservists. Our Reservists make up nearly half of those fighting on behalf of the war on terror. Mental health nurse practitioners: It establishes a nurse practitioner graduate education program in the Uniformed Services University of Health Sciences program that includes psychiatric mental health practices. It has mental health counselors who can now be reimbursed by TRICARE for services provided to our troops and their families. These counselors are cost-effective and ready to serve the families of our servicemembers as well as our servicemembers themselves. Also, we have the Mental Health Initiative that will coordinate the Department of Defense's research and development programs and provide opportunities for researchers to better improve identification and diagnosis of mental health problems. Finally, we have the Psychological Kevlar, which will help us begin to prevent the post-traumatic stress disorder problems that we are seeing many of our soldiers come back from Iraq suffering from. It is important that we include in our basic training, before our soldiers go abroad, not only physical resiliency and training but mental resiliency and training, so that they are as prepared to defend themselves mentally as they are physically before it is too late, before they suffer the terrible psychological wounds that yield them so disabled in many respects after the war, when it is too late. Finally, Madam Chairman, this bill includes provisions that will take account of measuring the quality and satisfaction of our military men and women in our military hospitals. We cannot wait for more of the kinds of Walter Reed anecdotal stories to rise to the surface before we begin to measure the quality and satisfaction in our military hospitals, and I am pleased to see this amendment adopted in the bill. The authorization has very strong mental health provisions that will help address the stigma our troops confront in seeking mental health care, increase the number of mental health professionals to serve the mental health needs of our troops and their families, and advance research developed from the nation's academic and medical base to better improve DoD's mental health research and treatment programs. Addressing stigma issues among reservists: The Secretary of Defense will establish a working group to identify the reintegration needs of our reservists. The working group will examine different programs operated by different services, States, and commands to help reservists. From there, it can identify best practices and develop plans to incorporate these practices across the military. Mental health nurse practitioners: The establishment of a nurse practitioner graduate education program at the Uniformed Services University of Health Sciences. The program's specialties would include psychiatric mental health practice. Mental health counselors: Mental health counselors can now be reimbursed by TRICARE for services provided to our troops and their families. The counselors are a cost-effective force ready to serve and help our service-members and their families. Military mental health initiative: This initiative would coordinate the Department of Defense's mental health research and development programs and provide an opportunity for researchers to better improve the identification diagnosis, and treatment of mental health issues. This plan will help incorporate evidence-based preventive and early intervention strategies into pre-deployment training, combat theater operations, and post-deployment service to strengthen our warfighters' psychological resiliency. Introducing our soldiers to mental health care only after they have been exposed to combat is far too late. We need to familiarize our soldiers and their families with how to recognize and deal with the symptoms of combat stress and trauma--and the benefits of mental health care--from early on in their military career. Our soldiers are trained from the moment they enter basic training or boot camp on how to physically protect themselves from harm. We need to ensure that they are just as well trained in protecting themselves psychologically as well. Mr. SKELTON. At this time I yield 2 minutes to my colleague, the gentleman from Pennsylvania (Mr. Carney). Mr. CARNEY. Madam Speaker, Mr. Chairman, I am here today in support of our Nation's veterans. The GI bill has provided education to many of our Nation's finest honorable men and women. But, unfortunately, there is a provision that excludes our National Guard and Reserve from receiving their GI benefits after they have left the military. This amendment, which comes from bipartisan legislation that I have introduced on the same topic, will express the sense of Congress that we need to lengthen the period of time that a Guard or Reserve member has to take advantage of the GI bill after he or she completes their service to 10 years. Right now, when they leave the service they lose their educational benefits. If they are deployed, they lose those benefits shortly after they return. We owe it to our National Guard and Reserve members to have up to 10 [[Page H5146]] years to take advantage of the GI bill of education. This is similar to the benefits extended to active duty members of the military, and our National Guard and Reserve deserve the same benefit because the National Guard and Reserve are playing an ever-increasing role in combat. They are finding it harder and harder to achieve their degrees while enlisted. Madam Chair, as a lieutenant commander in the U.S. Naval Reserve, I have witnessed firsthand the critical role the National Guard and Reserve play in our Nation's security. It saddens me to learn that the National Guard and Reserves have missed their recruiting goals for 2005 and 2006. The military provides immense benefits to those that sign up, but it cuts off the Guard and Reserve when it comes to education benefits. What better way to ensure our military remains an all- volunteer force by encouraging more people to join the Guard and Reserve? As a former professor at Penn State, I understand the value of education and believe that an educated workforce is a better workforce for all of America. We want our brave men and women who risk their lives for our country to have access to education. Denying our National Guard and Reserve their education benefits is unfair to our troops, unfair to their families, and hurts our entire country. We should allow our troops to serve their country honorably, and then reward them with higher education when they are finished. The National Guard and Reserve are becoming indistinguishable from active duty now, and they need this benefit. We owe it to our troops and their military families back home. I urge all Members to support it. Madam Chairman, I am here today in support of our Nation's Veterans. The GI bill has provided education to many of our Nation's fine and honorable men and women. Unfortunately, there is a provision which excludes our National Guard and Reserves from receiving their GI bill benefits after they have left the military. This amendment, which comes from the bipartisan legislation that I have introduced on the same topic, will express the sense of Congress that we need to lengthen the period of time that a Guard or Reserve member has to take advantage of the GI bill after he or she completes their service to 10 years. Right now, when they leave the service, they lose their education benefits. If they are deployed, they lose the benefits shortly after. We owe it to our National Guard and Reserve members to have up to 10 years to take advantage of their GI bill education benefits. This is similar to the benefits extended to active duty members of the military. Our National Guard and Reserves deserve this same benefit. Because the National Guard and Reserves are playing an ever-increasing role in combat operations, they are finding it harder to achieve their degree while enlisted. As a lieutenant commander in the U.S. Navy Reserve, I have witnessed firsthand the critical role that National Guard and Reserves play in our Nation's security. It saddens me to learn that the National Guard and Reserves missed their recruiting goals in both 2005 and 2006. The military provides immense benefits to those that sign up, but it cuts off the Guard and Reserves when it comes to education benefits. What better way to ensure our military remains an all volunteer force by encouraging more people to join the Guard or Reserves? As a former professor at Penn State Worthington, I understand the value of education and believe that an educated workforce is a better workforce for all of America. We want our brave men and women who risk their lives for our country to have access to education. Denying our National Guard and Reserves their education benefit is unfair to our troops, unfair to their families, and hurts the entire country. We should allow our troops to serve their country honorably and reward them with a higher education when finished. The National Guard and Reserves are becoming indistinguishable from active duty now. They need this benefit. We owe this to our troops and our military families back home. I urge all Members of Congress who care about our troops and military families back home to vote in favor of this amendment. Mr. SKELTON. Madam Chair, may I inquire on the time, and may I also inquire if the gentleman from California has additional speakers. The Acting CHAIRMAN. The gentleman from Missouri has 2\1/2\ minutes. The gentleman from California has 2\3/4\ minutes. Mr. HUNTER. I want to thank all Members who participated in the general debate, and all the great subcommittee chairmen and ranking members, and the chairman of the committee for putting together this great bill, and will now enter the amendment process. There is just one point that I wanted to make in listening to my colleague finish up in talking about the mental health of America's soldiers, sailors, airmen, and marines. One observation that I have made over the years in being around people that wear the uniform is that while a number of the stresses and the difficulties that have been spoken of are real, it is also real that the coolest, calmest, most balanced, most stable American citizens, I believe, are the folks that wear the uniform in Iraq and Afghanistan. And while it is true that enemy fire can hurt you and damage you mentally as well as physically, it is also true that that fire can make you stronger. Having spent time with guys like Chuck Yeager, guys like the great Vic Taylor, many others who have been under fire and in various situations in real combat in the world's wars, it has always occurred to me that the people who have the greatest mental stability are people that come out of the combat zones. So I want to make sure that this debate doesn't send the message that somehow Americans who wear the uniform are victims, and that the inevitable result of their wearing the uniform and serving in combat is that they are going to somehow be damaged mentally, because that is not the case. And I would just conclude by reflecting on the fact that I take a number of folks who are wounded in Iraq and Afghanistan hunting, which the Hunter family likes to do, and I take them hunting with my grandchildren. And there are few people that I will trust my grandchildren with, but the people I will trust my grandchildren with out in the great outdoors, with loaded weapons, are members of the United States Army and the United States Marine Corps who have been to combat. Those people have the greatest sense of balance and sense of judgment. And, again, in my mind, America's citizens who are the coolest and the calmest under fire and have the greatest sense of balance and judgment are people that wear the uniform and have been in combat. Madam Chair, I yield back the balance of my time. Mr. SKELTON. Madam Chair, I yield 1 minute to the gentleman from Rhode Island (Mr. Kennedy). Mr. KENNEDY. Madam Chair, when speaking about mental health, we should be speaking about it in terms of a positive. That is what makes us stronger. I think when the gentleman says that when we speak about mental health, we want to be careful so as not to make people feel like they are victims, looks at it in a negative way. Frankly, I am proud that at John F. Kennedy Special Warfare Center at Fort Bragg the Green Berets have insisted that they have psychiatrists on call 24 hours, 7 days a week, not because they are the weakest branch of the military, but because they are the strongest and they want to remain the strongest. And they know that if they are to remain the strongest, they don't want to be thinking about anything else in their mind when they use their sharpshooter and they are called to duty for this country, where they are going to parachute in and use their technical expertise they have been trained to do. They know that they want to be able to do that job sufficiently, and that is why they have had this important mental health allowed for them, and that is why I think it is so important to have these facilities available for them. Mr. SKELTON. Madam Chair, we are nearing the end of the general debate portion of the consideration of this bill. I want to thank my ranking member, my friend, Duncan Hunter, for his hard work and for his cooperation in getting us to this point. And it was difficult at times, but we have gotten here. So I just want him to know that I am appreciative. And I also want to say that the purpose of our affection and attention is the young men and young women in uniform. Despite all of the procedural motions that we have had, out of all of this at the end of the day, and maybe [[Page H5147]] at the end of tomorrow, we will have done an excellent job, because this bill is basically a very good bill for the defense and for the young people of our Nation in uniform. So let's not forget the purpose of what we are doing here. Let's not forget that we are doing this in a bipartisan effort. Let's not forget that, at the end of the day, we will make America one major step safer by passing a good piece of legislation for our country. Ms. SLAUGHTER. Madam Chairman, I am proud today to offer an amendment to H.R. 1585, the Fiscal Year 2008 National Defense Authorization Act, that will make certain the Niagara Falls Air Reserve base continues to play an integral role in our homeland defense. The Niagara airbase is home to the 914th Air Reserve and the 107th Air Guard. Both units have been deployed to Iraq and Afghanistan, and are responsible for patrols over large metropolitan areas and key infrastructure throughout the Northeast and Midwest. The value of the men and women serving at Niagara was clearly demonstrated during the tragic events of September 11th. The 107th was the first Refueling Wing to fly Combat Air patrols over New York City. In addition, a specialized unit of the 914th, trained in identifying and preparing the remains of disaster victims, was instrumental in the 9/11 recovery mission. The 2005 Base Realignment and Closure Commission determined that the airbase would better serve our Nation if the 107th Guard unit became an Associate Air Wing of the 914th Reserve. This is the first time in Air Force history that a Guard unit will associate with a Reserve unit. Predictably, the Air Force is facing a number of unprecedented challenges in attempting to shift assets around in order to meet the BRAC mandate. I and the Western New York Congressional delegation have been working with the Air Reserve and the Air Guard for over a year and a half to determine the optimal allocation of aircraft at the base to ensure that both units can adequately complete their missions. The uncertainty surrounding what comes next at Niagara has created a lot of anxiety for the service members at the airbase and the Western New York community. The Air Force must determine a way forward with Niagara this year to ensure that the base continues to play a key role in protecting our Nation. Accordingly, my amendment simply directs the Secretary of the Air Force to submit a report to the House and Senate Committees on Armed Services detailing the Air Force's plan for future aviation assets at the Niagara airbase. I want to thank Chairman Skelton and his staff for working with me to draft this amendment, and I urge the House to adopt it. Mr. ABERCROMBIE. Madam Chairman, I have the honor of serving as the Chairman of the Air and Land Forces Subcommittee. This bill is about balancing the capabilities and readiness of our current military forces with future required military capabilities. Our military personnel are at risk each and every day. Our first priority is to make sure our men and women in uniform are properly supported by ensuring our acquisition programs adequately support current military requirements. We cannot shortchange the current force for promised future capabilities when we are losing people everyday in Iraq and Afghanistan. The Air and Land Forces subcommittee's jurisdiction in this bill includes approximately $100 billion in Army and Air Force programs. Our priorities do not always agree with those of the Pentagon, but our objective is clear--to do our very best to ensure our military personnel get the best available equipment as soon as it can be properly tested--armored vehicles; body and vehicle armor; improvised explosive device jammers, unmanned aerial vehicles, small arms, night vision equipment, and related equipment. The bill addresses a number of key requirements: H.R. 1585 provides $4.1 billion in additional funds to fully fund a tactical vehicle referred to as M-RAP, or Mine Resistant Ambush Protected vehicle, to better protect our personnel against mines and improvised explosive devices. The budget request included less than $500 million to meet this $4.6 billion requirement which, as of last week, is now Secretary Gates' number one priority. Over a billion dollars is provided for Stryker combat vehicles. The bill fully funds body armor, Up-Armored Humvees, Armored Security vehicles, and vehicle add armor kits at $5.4 billion. The bill also provides $4.5 billion for programs established to counter improvised explosive devices. An additional billion dollars is provided for funding of National Guard and Reserve Equipment. Overall, the bill represents an increase of 40 percent for Army procurement accounts over last year's budget request. Ten C-17 strategic airlift aircraft have been added to the bill at a cost of over $2.4 billion, to maintain the C-17 production line and sustain the strategic airlift fleet. The Joint Strike Fighter competitive engine program has been funded at $480 million to provide two producers of engines for that program. We have had to make some difficult choices to fund the highest priority programs and stay within the budget top-line. Some programs will have to make adjustments. We understand that, and will work together as the process evolves to ensure that these adjustments can be accommodated as best as possible. In closing, I again want to thank my distinguished chairman and ranking members of the full committee and our subcommittee. This bill is deserving of a ``yes'' vote from every Member of this body. Mr. McKEON. Madam Chairman, I rise in support of H.R. 1585, the National Defense Authorization Act. First, let me extend my thanks to Armed Services Committee Chairman Skelton and Ranking Republican Duncan Hunter for bringing this partisan legislation to the Floor today. The bill before us authorizes funding for our national defense programs in the coming year, including our military operations in Iraq and Afghanistan. It enjoys the support of both Republicans and Democrats on the Armed Services Committee, and in fact was reported out of committee by a unanimous vote. I am very pleased to note that while some circumstances have changed in this Congress, the Armed Services Committee remains one in which Members on both sides of the aisle remain committed to comity, bipartisanship, and the best interests of our Nation's defense and our brave men and women in uniform. I congratulate both Chairman Skelton and Mr. Hunter on their successful efforts, and intend to vote in support of this bill later today. I would take this opportunity to raise concern with one of the amendments made in order under the rule, specifically, the Altmire/ Udall Amendment, which would expand employer mandates under the Family and Medical Leave Act. Let me state at the outset that I will not oppose this amendment, nor will I urge my Republican colleagues to do so. I do, however, for the record and for the good of this legislation going forward, want to note my strong concerns with this amendment. First, let me say that as a matter of procedure and responsible legislative process, I am deeply troubled that this amendment comes to the Floor today without so much as a cursory examination by the only committee of jurisdiction in the House, the Committee on Education and Labor, on which I serve as Senior Republican Member. The Altmire/Udall Amendment represents a significant expansion of the Family and Medical Leave Act, and would be the first such expansion in the 14-year history of the Act. Yet it has not been the subject of a single hearing in the Committee on Education and Labor, nor has any Member of the House or my Committee had the opportunity to examine the impact of this amendment in even the broadest sense. Where, as under this amendment, we are talking about expanding a federal mandate that potentially impacts large and small employers in every industry and every state in the union, I think we owe more to our constituents. I do not want my concern and my remarks to be construed as simply procedural, or solely a function of marking jurisdictional turf. While I do believe that respect for the committee legislative process is important, I want to make clear that I have substantive concerns as a matter of policy with the Altmire/Udall Amendment. The Amendment would appear to broadly expand the Family and Medical Leave Act, allowing any covered employee to make use of leave for ``any exigency'' that arises out of the fact that a family member is called to active duty. Now I am certain that Members on both sides of the aisle would agree that the question of whether and how we ensure that workers whose families have been impacted by a call-up to active duty are able to address legitimate needs is a valid question. I am concerned, however, that the language of the Altmire/Udall Amendment may go much further than intended, and potentially create an overly broad use of leave. Similarly, under the Amendment, an employee could use this leave intermittently, in very small increments, and in many instances, with potentially little or no advance notice to an employer. Earlier this year, the Department of Labor set forth a Request for Information seeking detailed evidence and recommendations for both regulatory and legislative changes to the Family and Medical Leave Act. That process is ongoing as we speak. Members on both sides of the aisle and various stakeholders have made clear that the Act deserves serious examination--particularly with respect to questions as to when and how leave can be taken, and what sorts of leave and notice are appropriate. In light of these facts, to embark on piecemeal expansion of one of the most significant federal labor laws adopted in the last 20 years, strikes me as irresponsible, and setting a very bad precedent. [[Page H5148]] As I indicated, I think I understand the concerns of the sponsor that this amendment is intended to address, and I think those are concerns that many might share. For that reason, I will not oppose the amendment. I've made my concerns with both the substance and procedure of this amendment clear. I would hope that as this bill moves forward, and if we find ourselves in conference with the other body, we will take the necessary time to examine this amendment in detail, and work towards ensuring that it accomplishes its goals in a reasonable, responsible, and targeted way. Mr. PENCE. Madam Chairman, on Monday I was proud to visit with sailors at Naval Station Norfolk, the largest military station in the world. When the 78 ships and 133 aircraft home ported at Norfolk are not at sea, they are alongside one of the 14 piers or inside one of the 15 aircraft hangars for repair, refit, training and to provide the ship's or squadron's crew an opportunity to be with their families. As I looked into the eyes of our brave men and women in uniform, I felt sick knowing that instead of getting the support they need in this fight, this Democratic Congress is pulling the rug out from under them. Democrats on the House Armed Services Committee rejected Republican efforts to adopt an amendment to H.R. 1585 that would have authorized emergency supplemental appropriations for Fiscal Year 2007. Madam Chairman, I rise today to condemn the Democratic plan to fund the war on the installment plan. Failure to pass an acceptable long- term supplemental appropriations bill for FY07 is a clear and present danger to our troops in Iraq and Afghanistan, to the Department of Defense institutionally, and to its national security mission to defend the homeland. Tomorrow marks the 100th day since the administration asked Congress to provide funding for our troops. Because Congress has not sent the President an acceptable supplemental funding bill, DoD will notify Congress today of its intent again to transfer an additional $1.4 billion from Navy and Air Force personnel accounts to fund on-going Army operations in the War on Terror. This funding will last about a week. This latest transfer request is the fifth one necessitated by the lack of supplemental funding. In sum, two have been necessary to fund Army operations, one to fund procurement of Mine Resistant Ambush Protected vehicles, one to bolster the Iraqi Security Forces, and one to counter improvised explosive devices. In addition to these transfers, the Army has moved funding originally allocated for fourth quarter expenses into the third quarter. The Army Operations and Maintenance account--the principal account that covers day-to-day Army operations--no longer has any funding available for the fourth quarter operations. Moving money around like this creates uncertainty and inefficiency, ultimately costing the taxpayers more money in the long run and wreaking havoc on existing contracts. The funding delay has already caused disruptions. Delays have limited DoD's ability to properly contract for the reconstitution of equipment for active and reserve forces. This increases the readiness risk of our military with each passing day. Needless delays in accelerated fielding of new force protection capabilities such as the Mine Resistant Ambush Protected vehicle and counter-lED technologies. Depletion of funds necessary to accelerate the training of Iraqi security forces. Without relief soon, the Department of Defense will be forced to take further drastic steps like halting training, delaying deployments and re-deployments, and/or resorting to the use of the Feed and Forage Act, which permits obligation of funds prior to appropriation in emergency situations, an extremely poor and disruptive way of waging a war on terror. Madam Chairman, our troops need funding and they need it now. 2007 Reprogrammed funds for the Department of Defense DoD has $4.5 billion in General Transfer Authority. All transfers in excess must come from other sources. War-related reprogramming includes: Mine Resistant Ambush Protected (MRAP) Vehicles: $32 million from emergency funding for Humvees and radios; Iraq Security Forces Fund: $800 million Under General Transfer Authority as well as various Army military personnel, procurement, and research and development programs (includes helicopter modifications, ammunition, and communications equipment); IED Defeat: $825 million Under General Transfer Authority from 4th quarter Navy and Air Force personnel accounts funding; and Army Operations: $3 billion under General Transfer Authority from 4th quarter Navy and Air Force personnel accounts funding. Total Requested Transfers: $4.918 billion. Total General Transfer Authority Remaining: $342 million. Letter from Defense Secretary Robert Gates to Congressional leadership on incremental funding proposals: Delays have limited DoD's ability to properly contract for the reconstitution of equipment for active and reserve forces. The readiness risk of our military increases with each passing day. The funding delay has caused needless delays in accelerating fielding of new force protection capabilities such as the Mine Resistant Ambush Protected (MRAP) vehicles and counter-IED technologies. The delay has caused a depletion of funds necessary to accelerate the training of Iraqi security forces. ``The prospect of segmenting and further delaying funding that is urgently needed can only result in additional disruption and uncertainty in department operations . . . An organization the size and complexity of the Department of Defense needs a certain measure of funding stability and predictability. Without it, compensatory measures are required that cause, at best inefficiency and at worst a reduction in the Department's ability to carry out its national security mission.'' Secretary of Defense Talkers (we received these from a friend that asked we not identify the source): Because Congress hasn't sent Congress an acceptable supplemental funding bill, DoD will notify Congress of its intent again to transfer an additional $1.4 billion. This funding will only last about a week. The latest transfer request is the 5th one necessitated by the lack of supplemental funding. The Army has moved funding originally allocated for fourth quarter expenses into the third quarter. The Army Operations and Maintenance account--the principal account that covers day-to-day Army operations--no longer has any funding available for fourth quarter operations. Without relief soon, DoD will be forced to take further drastic steps like halting training, delaying deployments and re- deployments, and/or resorting to the use of the Feed and Forage Act, which permits obligation of funds prior to appropriation in emergency situations, an extremely poor and disruptive way of waging a war on terror. From April 16 Heritage Memo titled, ``Funding Needs Prompt Army Spending Constraints.'' Beginning in mid-April, the Army will slow the purchase of repair parts and other supplies, relying instead on existing inventory to keep equipment operational. Joint Letter to Chairman Obey from Gen. Peter J. Schoomaker, Adm. Michael G. Mullen, Gen. T. Michael Moseley, and Gen. James T. Conway: ``Without approval of the supplemental funds in April, the Armed Services will be forced to take increasingly disruptive measures in order to sustain combat operations. The impacts on readiness and quality of life could be profound.'' Gen. Peter Pace: After mid-April, ``the army has told us that they will have to begin curtailing some training here at home for Guard, Reserve, and for units, which means that the baseline for those units will be reduced as far as their capability, and when they're called, it will take them longer to be ready and could, over time, delay their availability to go back into combat.'' Defense Secretary Robert Gates: ``This kind of disruption to key programs will have a genuinely adverse effect on the readiness of the Army and the quality of life for soldiers and their families. I urge the Congress to pass the supplemental as quickly as possible.'' Mrs. JOANN DAVIS of Virginia. Madam Chairman, H.R. 1585 clearly focuses on the readiness of our troops. As a first step to improving the readiness of our forces, the bill requires the Secretary of Defense to include status of the National Guard in the quarterly readiness reports to Congress. Not only will this provide visibility on the status of our guard units to support the Federal mission, but will also provide updates to the Governors and to the Congress on the ability of these units to accomplish their civil support missions. The bill goes on to require the Secretary of Defense to report annually to Congress on the status of prepositioned stocks and to establish a timeline for reconstituting those prepositioned stocks in the event they are downloaded for use by our deployed troops. While these reporting requirements seem small, they will do a great deal to ensure that priority and necessary funding is applied to areas that need it the most. I would also like to highlight that this bill authorizes $250 million to address training shortfalls throughout the services and recommends $165 million above the President's budget request for depot maintenance. Properly funding depot maintenance ensures that the equipment our troops need to not only engage in combat operations, but to also train and prepare for deployment, is available and ready for them when they need it. Once again, I would like to state that I am proud of this legislation and I encourage all members to support it for the steps it takes to ensure our troops are ready to meet the needs of our nation. Mr. THOMPSON of Mississippi. Madam Chairman, I rise today to commend Chairman Ike Skelton and the staff of the Armed Services Committee for working to strengthen the National Guard. Support of the men and women who so bravely serve our Nation as citizen-soldiers is critical to our nation's security. [[Page H5149]] Inclusion of several National Guard provisions in H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008, sends a powerful message to our first military responders around the nation that we recognize their numerous contributions, many of which extend far beyond war fighting. As chairman of the Committee on Homeland Security, I am heartened that this legislation provides resources to the Guard's needs here at home for missions relevant to homeland security and sustainability in our States. Over the last 5 years, the Guard has nobly accepted and completed missions in Iraq, Afghanistan and elsewhere abroad. True to form, Guardsmen and women from almost every State have sacrificed a great deal, including in some instances their lives, to stay true to the motto of ``always ready, always there.'' Provisions in this legislation will provide $1 billion to address the strain on Guard and Reserve units in the States who are facing critical equipment shortages. For the first time, we will ensure that State Guard units are prepared for homeland security missions such as disaster response. Equally important is language in this bill that will encourage integration between the National Guard Bureau and other Defense components, such as Northern Command, who share responsibility for protecting the homeland. In short, this legislation incorporates key recommendations from the Commission on the National Guard and Reserve. It takes us a step closer toward closing the gap between Guard units categorized as ready and Guard units resourced to be ready. Mr. LoBIONDO. Madam Chairman, I rise today in strong support of the Saxton-LoBiondo-Smith-Andrews amendment which will provide members of the Armed Services and their families living on military bases with more security. It would require a federal background check for unescorted civilians, including contractors and vendors. The security gap that exists at our Nation's military bases was highlighted by the recent plot against Fort Dix by terrorists. Fortunately due to the intervention of an ordinary citizen and the professionalism of the FBI, this plot to attack was thwarted. Next time, we might not be so fortunate. It is simply common sense that we should know who is entering our military bases and why they are there. Background checks on all contractors and vendors will help secure these sensitive facilities and ensure an additional layer of security for our servicemen and women who live and work on our military bases. I strongly urge that all Members vote for this amendment to protect our military bases and our military personnel and their families. The Acting CHAIRMAN. All time for general debate has expired. Pursuant to the rule, the amendment in the nature of a substitute printed in the bill is considered as an original bill for the purpose of amendment and is considered read. The text of the amendment in the nature of a substitute is as follows: H.R. 1585 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2008''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into three divisions as follows: (1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations and Other Authorizations. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. National Guard and Reserve equipment. Subtitle B--Army Programs Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package vehicles. Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles. Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration. Sec. 114. Multiyear procurement authority for CH-47F helicopters. Sec. 115. Limitation on use of funds for Joint Network Node program pending certification to Congress. Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report. Subtitle C--Navy Programs Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls. Sec. 122. Multiyear procurement authority for Virginia-class submarine program. Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters. Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads. Sec. 125. Program to provide contractors with capital expenditure incentives. Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers. Sec. 127. Limitation on concurrent design and construction on first ship of a shipbuilding program. Subtitle D--Air Force Programs Sec. 131. Limitation on retiring C-5 aircraft. Sec. 132. Limitation on Joint Cargo Aircraft. Sec. 133. Clarification of limitation on retirement of U-2 aircraft. Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Amount for defense science and technology. Subtitle B--Program Requirements, Restrictions, and Limitations Sec. 211. Operational test and evaluation of Future Combat Systems network. Sec. 212. Limitation on systems development and demonstration of Joint Light Tactical Vehicle program. Sec. 213. Requirement to obligate funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter. Sec. 214. Limitation on use of funds for manufacturing science and technology program. Subtitle C--Ballistic Missile Defense Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. Sec. 222. Fielding of ballistic missile defense capabilities and future roles and missions of Missile Defense Agency. Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile. Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs. Sec. 225. Independent study on deploying missile defense system in Europe. Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense. Subtitle D--Other Matters Sec. 231. Responsibility for human systems integration activities. Sec. 232. Expansion of authority for encouragement of technology transfer. Sec. 233. Army Venture Capital Fund demonstration. Sec. 234. Independent tests for combat helmet pad suspension systems. Sec. 235. Report on implementation of Manufacturing Technology Program. Sec. 236. Assessment of sufficiency of test and evaluation personnel. Sec. 237. Repeal of requirement for separate reports on technology area review and assessment summaries. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations Sec. 301. Operation and maintenance funding. Sec. 302. Working capital funds. Sec. 303. Other Department of Defense Programs. 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 Arctic Surplus Superfund Site, Fairbanks, Alaska. Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in connection with Jackson Park Housing Complex, Washington. Subtitle C--Workplace and Depot Issues Sec. 321. Increase in threshold amount for contracts for procurement of capital assets in advance of availability of working- capital funds for the procurement. Sec. 322. Authorization of availability of working-capital funds for certain product improvements. Sec. 323. Authorization of use of working-capital funds for acquisition of certain items. Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. [[Page H5150]] Sec. 325. Public-private competition at end of period specified in performance agreement not required. Sec. 326. Guidelines on insourcing new and contracted out functions. Sec. 327. Additional requirements for annual report on public-private competitions. Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A-76. Sec. 330. Public-private competition required before conversion to contractor performance. Subtitle D--Extension of Program Authorities Sec. 331. Extension of Arsenal Support Program Initiative. Sec. 332. Extension of period for reimbursement for helmet pads purchased by members of the Armed Forces deployed in contingency operations. Subtitle E--Reports Sec. 341. Inclusion of National Guard readiness for civil support missions in quarterly personnel and unit readiness report. Sec. 342. Plan to improve readiness of active and reserve component ground forces. Sec. 343. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. Sec. 344. Independent assessment of Civil Reserve Air Fleet viability. Sec. 345. Annual report on prepositioned materiel and equipment. Sec. 346. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to Peterson Air Force Base. Sec. 347. Report on public-private partnerships. Subtitle F--Other Matters Sec. 351. Increase in threshold amount for contracts for procurement of capital assets in advance of availability of working- capital funds for the procurement. Sec. 352. Authority for Department of Defense to provide support for certain sporting events. Sec. 353. Reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense. Sec. 354. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States for certain health care services. Sec. 355. Recovery of missing military property. Sec. 356. Retention of Army combat uniforms by members of Army deployed in support of contingency operations. Sec. 357. Issue of serviceable material other than to Armed Forces. Sec. 358. Prohibition on deactivation of 36th Rescue Flight. Sec. 359. Limitation on expenditure of funds for initial flight screening at Pueblo Memorial Airport. Sec. 360. Reauthorization and modification of multi-trades demonstration project. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2009 and 2010. Sec. 404. Increase in authorized strengths for Army officers on active duty in the grade of major. Sec. 405. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain. Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty to provide operational support. Sec. 417. Revision of variances authorized for Selected Reserve end strengths. Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. Sec. 422. Armed Forces Retirement Home. Sec. 423. Offsetting transfers from National Defense Stockpile Transaction Fund. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy Sec. 501. Assignment of officers to designated positions of importance and responsibility. Sec. 502. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. Sec. 503. Special promotion authority for Navy career military professors. Subtitle B--Reserve Component Matters Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. Sec. 512. Constructive service credit upon original appointment of reserve officers in certain health care professions. Sec. 513. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air Force Reserve officer. Sec. 514. Military technicians (dual status) in the Selected Reserve. Sec. 515. Working group on reintegration of reserve component members returning from deployment. Sec. 516. National Guard yellow ribbon reintegration program. Sec. 517. Advance notice to members of reserve components of deployment in support of contingency operations. Subtitle C--Education and Training Sec. 521. Reduction or elimination of service obligation in an Army Reserve or Army National Guard troop program unit for certain persons selected as medical students at Uniformed Services University of the Health Sciences. Sec. 522. Increase in annual limit on number of ROTC scholarships under Army Reserve and Army National Guard program. Sec. 523. Revisions to authority to pay tuition for off-duty training or education. Sec. 524. National Defense University master's degree programs. Sec. 525. Recodification in title 38, United States Code, of certain educational assistance programs for members of the reserve components. Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational institutions. Sec. 527. Navy Junior Reserve Officers' Training Corps unit for Southold, Mattituck, and Greenport high schools. Subtitle D--General Service Authorities Sec. 531. Authority to reduce required service obligation for initial appointment of qualified health professionals as officers in critical specialties. Sec. 532. Reenlistment in former enlisted grade after service as an officer. Subtitle E--Military Justice and Legal Assistance Matters Sec. 541. Authority to designate certain civilian employees of the Federal Government as eligible for legal assistance from Department of Defense legal staff resources. Subtitle F--Decorations and Awards Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. Sabo, Jr., for acts of valor during the Vietnam War. Sec. 552. Authorization and request for award of Medal of Honor to Henry Svehla for acts of valor during the Korean War. Sec. 553. Authorization and request for award of Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War. Sec. 554. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor during the Civil War. Sec. 555. Authorization and request for award of Medal of Honor to Private George D. Wilson for acts of valor as one of Andrews Raiders during the Civil War. Sec. 556. Cold War Victory Medal. Subtitle G--Impact Aid and Defense Dependents Education System Sec. 561. Tuition assistance for military dependents in overseas areas where schools operated by Defense Dependents' Education System are not reasonably available. Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Subtitle H--Other Matters Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit members of the Armed Forces, dependents, and civilian employees of the Department of Defense. Sec. 572. Uniform performance policies for military bands and other musical units. Sec. 573. Repeal of limitation on number of academies of Department of Defense STARBASE Program in a single State. Sec. 574. Combat veterans mentoring program for current members of the Armed Forces. Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the Armed Forces during and following World War II. [[Page H5151]] Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances Sec. 601. Fiscal year 2008 increase in military basic pay. Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence. Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. Sec. 604. Participation of members of the uniformed services in Thrift Savings Plan. Sec. 605. Enhancement of referral bonus to encourage service in the Army. Sec. 606. Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index. 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. Sec. 616. Increase in dental officer additional special pay. Sec. 617. Definition of sea duty for career sea pay to include multi- crew ships. Sec. 618. Reenlistment bonus for members of the Selected Reserve. Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. Sec. 620. Availability of nuclear officer continuation pay for officers with more than 26 years of commissioned service. Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. Sec. 623. Payment of assignment incentive pay for Reserve members serving in combat zone for more than 22 months. Sec. 624. Increase in maximum monthly rate of hardship duty pay. Subtitle C--Travel and Transportation Allowances Sec. 631. Allowance for participation in Reserve screening conducted through electronic means. Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. Sec. 633. Moving expenses for JROTC instructors who agree to serve in hard-to-fill positions. Sec. 634. Transportation of additional motor vehicle of members on change of permanent station to or from nonforeign areas outside the continental United States. Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. Subtitle D--Retired Pay and Survivor Benefits Sec. 641. Disregarding periods of confinement of member in determining benefits for dependents who are victims of abuse by the member. Sec. 642. Continuation of authority for members of the Armed Forces to designate a recipient for a portion of the death gratuity. Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for dependency and indemnity compensation. Sec. 644. Special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation. Sec. 645. Expansion of combat-related special compensation eligibility for chapter 61 military retirees with fewer than 20 years of creditable service. Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits Sec. 651. Access to Defense Commissary and Exchange System by surviving spouse and dependents of certain disabled veterans. Sec. 652. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the United States. Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the uniformed services. Sec. 662. Transitional provisions. Subtitle G--Other Matters Sec. 671. Expansion of education loan repayment program for members of the Selected Reserve. Sec. 672. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children. Sec. 673. Overseas naturalization for military spouses and children. TITLE VII--HEALTH CARE PROVISIONS Sec. 701. Extension of prohibition on increases in certain health care costs for members of the uniformed services. Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. Sec. 703. Fair pricing under pharmacy benefits program. Sec. 704. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. Sec. 705. Establishment of Nurse Practitioner Program. Sec. 706. Services of mental health counselors. Sec. 707. Extension of pilot program for health care delivery. Sec. 708. Stipend for members of Reserve Components for health care for certain dependents. Sec. 709. Joint Pathology Center. Sec. 710. Report on training in preservation of remains under combat or combat-related conditions. Sec. 711. Pre- and post-deployment assessments for the purpose of determining the cognitive functioning and brain health of deployed members of the Armed Forces. Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management Sec. 801. Definition of commercial services. Sec. 802. Acquisition workforce provisions. Sec. 803. Guidance on defense procurements made through contracts of other agencies. Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. Sec. 805. Prohibition on procurement from companies in violation of the Iran and Syria Nonproliferation Act. Sec. 806. Lead systems integrators. Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions. Sec. 808. Reinvestment in domestic sources of strategic materials. Sec. 809. Clarification of the protection of strategic materials critical to national security. Sec. 810. Debarment of contractors convicted of criminal violations of the Arms Export Control Act. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition of a commercial item. Sec. 812. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items. Sec. 813. Plan for restricting Government-unique contract clauses on commercial contracts. Sec. 814. Extension of authority for use of simplified acquisition procedures for certain commercial items. Sec. 815. Extension of authority to fill shortage category positions for certain federal acquisition positions. Sec. 816. Extension of authority to carry out certain prototype projects. Sec. 817. Clarification of limited acquisition authority for special operations command. Sec. 818. Exemption of special operations command from certain requirements for contracts relating to vessels, aircraft, and combat vehicles. Sec. 819. Provision of authority to maintain equipment to unified combatant command for joint warfighting. Subtitle C--Accountability in Contracting Sec. 821. Limitation on length of noncompetitive contracts. Sec. 822. Maximizing fixed-price procurement contracts. Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. Sec. 824. Disclosure of Government contractor audit findings. Sec. 825. Study of acquisition workforce. Sec. 826. Report to Congress. Subtitle D--Contracts Relating to Iraq and Afghanistan Sec. 831. Memorandum of understanding on matters relating to contracting. Sec. 832. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. Sec. 833. Definitions. Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. Subtitle E--Other Matters Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. Sec. 842. Report to Congress required on delays in major phases of acquisition process for major automated information system programs. [[Page H5152]] Sec. 843. Requirement for licensing of certain military designations and likenesses of weapons systems to toy and hobby manufacturers. Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. Sec. 846. Requirements relating to waivers of certain domestic source limitations. Sec. 847. Multiple cost threshold breaches. Sec. 848. Phone cards. Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, and appeals arising out of maritime contracts. Sec. 850. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Department of Defense Management Sec. 901. Additional requirements relating to limitation on major Department of Defense headquarters activities personnel. Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions. Sec. 904. Revisions in functions and activities of special operations command. Sec. 905. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps. Sec. 906. Management system of the Department of Defense. Sec. 907. Acquisition parity for Special Operations Command. Sec. 908. Department of Defense Board of Actuaries. Subtitle B--Space Activities Sec. 911. Space protection policy and strategy. Sec. 912. Biennial report on management of space cadre within the Department of Defense. Subtitle C--Chemical Demilitarization Program Sec. 921. Chemical demilitarization citizens advisory commissions. Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile. Subtitle D--Intelligence-Related Matters Sec. 931. Reports on foreign language proficiency. Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. Subtitle E--Roles and Missions Analysis Sec. 941. Analysis and organization of roles and missions of Department of Defense. Sec. 942. Identification of core competencies of the military departments and other entities within the Department of Defense. Sec. 943. Review of capabilities of the military departments and other entities. Sec. 944. Joint Requirements Oversight Council additional duties relating to core mission areas. Sec. 945. Requirement for certification of major systems prior to technology development. Sec. 946. Presentation of future-years mission budget by core mission area. Sec. 947. Future capability planning by Joint Requirements Oversight Council. Subtitle F--Other Matters Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. Sec. 952. Interagency policy coordination. Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program. TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters Sec. 1001. General transfer authority. Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008. Subtitle B--Policy Relating to Vessels and Shipyards Sec. 1011. Limitation on leasing of foreign-built vessels. Sec. 1012. Policy relating to major combatant vessels of the strike forces of the United States Navy. Subtitle C--Counter-Drug Activities Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter- terrorism activities. Subtitle D--Reports Sec. 1031. Extension and modification of report relating to hardened and deeply buried targets. Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device Defeat Organization. Sec. 1033. Report on a national joint modeling and simulation development strategy. Subtitle E--Other Matters Sec. 1041. Enhancement of corrosion control and prevention functions within Department of Defense. Sec. 1042. Support by National Guard for national special security events and other critical national security activities. Sec. 1043. Improved authority to provide rewards for assistance in combating terrorism. Sec. 1044. Revision of proficiency flying definition. Sec. 1045. Support for non-Federal development and testing of material for chemical agent defense. Sec. 1046. Congressional Commission on the Strategic Posture of the United States. Sec. 1047. Technical and clerical amendments. Sec. 1048. Repeal of certification requirement. Sec. 1049. Prohibition on sale by Department of Defense of parts for F- 14 fighter aircraft. Sec. 1050. Maintenance of capability for space-based nuclear detection. Sec. 1051. Additional weapons of mass destruction civil support teams. Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm self-propelled howitzer. Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba. Sec. 1054. Repeal of provisions in section 1076 of Public Law 109-364 relating to use of Armed Forces in major public emergencies. TITLE XI--CIVILIAN PERSONNEL MATTERS Sec. 1101. Compensation for Federal wage system employees for certain travel hours. Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. Sec. 1103. Accumulation of annual leave by senior level employees. Sec. 1104. Travel compensation for wage grade personnel. Sec. 1105. Death gratuity authorized for Federal employees. Sec. 1106. Modifications to the National Security Personnel System. Sec. 1107. Annuity commencing dates. Sec. 1108. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system. Sec. 1109. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where death resulted from disease or injury incurred in a combat zone. Sec. 1110. Use of leave transfer program by wounded veterans who are Federal employees. Sec. 1111. Requirement for full implementation of personnel demonstration project. TITLE XII--MATTERS RELATING TO FOREIGN NATIONS Subtitle A--Assistance and Training Sec. 1201. Military-to-military contacts and comparable activities. Sec. 1202. Authority for support of military operations to combat terrorism. Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of certain foreign nations. Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. Sec. 1205. Reauthorization of Commanders' Emergency Response Program. Sec. 1206. Expansion of program to build the capacity of foreign military forces to include Pakistan's other security forces. Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery and accounting activities for missing United States Government personnel. Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. Sec. 1209. Report on foreign assistance-related programs, projects, and activities carried out by the Department of Defense. Subtitle B--Matters Relating to Iraq Sec. 1221. Modification of authorities relating to the Special Inspector General for Iraq Reconstruction. Sec. 1222. Continuation of prohibition on establishment of permanent military installations in Iraq or United States control over oil resources of Iraq. Sec. 1223. Report on Department of Defense efforts to build the capacity of the Government of Iraq to carry out reconstruction activities in Iraq. Sec. 1224. Report on implementation of Multi-National Forces-Iraq/ United States Embassy Baghdad Joint Campaign Plan and efforts to achieve political reform in Iraq. Sec. 1225. Report on training of the Iraqi Security Forces. Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish support for the insurgency in Iraq. Subtitle C--Matters Relating to Afghanistan Sec. 1231. Special Inspector General for Afghanistan Reconstruction. [[Page H5153]] Sec. 1232. Report on progress toward security and stability in Afghanistan. Sec. 1233. Report on progress of the Department of Defense's counter- narcotics program for Afghanistan. Sec. 1234. United States plan for sustaining the Afghanistan National Security Forces. Subtitle D--Other Matters Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. Sec. 1242. Extension of Counterproliferation Program Review Committee. Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for Security Cooperation. Sec. 1244. Sense of Congress concerning the strategic military capabilities and intentions of the People's Republic of China. 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. New initiatives for the Cooperative Threat Reduction Program. Sec. 1304. Requirements relating to chemical weapons destruction at Shchuch'ye, Russia. Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the former Soviet Union. TITLE XIV--WOUNDED WARRIOR ASSISTANCE Sec. 1401. Definitions. Subtitle A--Improved Assistance for Wounded Warriors Sec. 1411. Improvements to medical and dental care for members of the Armed Forces assigned to hospitals in an outpatient status. Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports of deficiencies. Sec. 1414. Notification to Congress of hospitalization of combat wounded service members. Sec. 1415. Independent medical advocate for members before medical evaluation boards. Sec. 1416. Training and workload for physical evaluation board liaison officers. Sec. 1417. Standardized training program and curriculum for Department of Defense disability evaluation system. Sec. 1418. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions of recovering service members. Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at an appropriate active duty base. Sec. 1420. Criteria for removal of member from temporary disability retired list. Sec. 1421. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation. Sec. 1422. Establishment of Medical Support Fund for support of members of the Armed Forces returning to military service or civilian life. Sec. 1423. Oversight Board for Wounded Warriors. Sec. 1424. Option for members of reserve components to use military medical treatment facilities closest to home for certain injuries. Sec. 1425. Plans and research for reducing post traumatic stress disorder. Subtitle B--Studies and Reports Sec. 1431. Annual report on military medical facilities. Sec. 1432. Access of recovering service members to adequate outpatient residential facilities. Sec. 1433. Evaluation and report on Department of Defense and Department of Veterans Affairs disability evaluation systems. Sec. 1434. Study and report on support services for families of recovering service members. Sec. 1435. Report on traumatic brain injury classifications. Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non- Commissioned Officer Program. Sec. 1437. Study and report on standard soldier patient tracking system. Sec. 1438. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilities. Subtitle C--General Provisions Sec. 1451. Moratorium on conversion to contractor performance of Department of Defense functions at military medical facilities. Sec. 1452. Prohibition on transfer of resources from medical care. Sec. 1453. Increase in physicians at hospitals of the Department of Veterans Affairs. TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM Sec. 1501. Purpose and statement of congressional policy. Sec. 1502. Army procurement. Sec. 1503. Navy and Marine Corps procurement. Sec. 1504. Air Force procurement. Sec. 1505. Joint Improvised Explosive Device Defeat Fund. Sec. 1506. Defense-wide activities procurement. Sec. 1507. Research, development, test, and evaluation. Sec. 1508. Operation and maintenance. Sec. 1509. Working capital funds. Sec. 1510. Other Department of Defense programs. Sec. 1511. Iraq Freedom Fund. Sec. 1512. Iraq Security Forces Fund. Sec. 1513. Afghanistan Security Forces Fund. Sec. 1514. Military personnel. Sec. 1515. Authorized Army construction and land acquisition projects. Sec. 1516. Authorized Navy construction and land acquisition projects. Sec. 1517. Treatment as additional authorizations. TITLE XVI--NATIONAL GUARD ENHANCEMENT Sec. 1601. Short title. Subtitle A--National Guard Bureau Sec. 1611. Enhancement of duties and position of Chief of the National Guard Bureau. Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. Sec. 1613. Enhancement of functions of National Guard Bureau. Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. Sec. 1615. Determination of Department of Defense civil support requirements. Sec. 1616. Conforming and clerical amendments. Subtitle B--Additional Reserve Component Enhancement Sec. 1621. United States Northern Command. Sec. 1622. Council of Governors. Sec. 1623. Reserve Policy Board. Sec. 1624. Requirements for certain high-level positions to be held by reserve component general or flag officers. Sec. 1625. Retirement age and years of service limitations on certain reserve general and flag officers. Sec. 1626. Additional reporting requirements relating to National Guard equipment. TITLE XVII--DEFENSE READINESS PRODUCTION BOARD Sec. 1701. Purpose. Sec. 1702. Establishment of Defense Readiness Production Board. Sec. 1703. Defense Production Industry Advisory Council. Sec. 1704. Role of Chairman of Board in certain reporting processes. Sec. 1705. Authority to use multiyear contracts. Sec. 1706. Transfer authority. Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. Sec. 1708. Strategic Readiness Fund. 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. Modification of authority to carry out certain fiscal year 2006 project. 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. Repeal of authorization for construction of Navy Outlying Landing Field, Washington County, North Carolina. TITLE XXIII--AIR FORCE Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project. TITLE XXIV--DEFENSE AGENCIES Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Energy conservation projects. Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. Sec. 2404. Authorization of appropriations, Defense Agencies. TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. [[Page H5154]] TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS Sec. 2701. Expiration of authorizations and amounts required to be specified by law. Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. Sec. 2704. Effective date. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A--Military Construction Program and Military Family Housing Changes Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. Sec. 2802. Increased threshold for congressional notification of leases for military family housing facilities in foreign countries. Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities. Sec. 2804. Expansion of authority to exchange reserve component facilities. Sec. 2805. Extension of authority to accept cash equalization payments for reserve component facility exchanges. Sec. 2806. Authority to use operation and maintenance funds for construction projects outside the United States. Subtitle B--Real Property and Facilities Administration Sec. 2811. Continued consolidation of real property provisions without substantive change. Sec. 2812. Cooperative agreement authority for management of cultural resources on certain sites outside military installations. Sec. 2813. Agreements to limit encroachments and other constraints on military training, testing, and operations. Sec. 2814. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations. Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard Base. Subtitle C--Base Closure and Realignment Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds. Subtitle D--Land Conveyances Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon Maneuver Site, Colorado. Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. Sec. 2834. Additional conditions on lease of property for headquarters facility for United States Southern Command, Florida. Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. Sec. 2836. Land Exchange, Fort Hood, Texas. Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, Virginia. Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. Subtitle E--Energy Security Sec. 2851. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts. Sec. 2852. Report on opportunities for leveraging funds of the Department of Defense and States to prevent disruption in event of electric grid or pipeline failures. Subtitle F--Other Matters Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of the Air Force. Sec. 2863. Establishment of national military working dog teams monument on suitable military installation. Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the Honorable Joel Hefley, a former member of the United States House of Representatives. Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives. Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives. Sec. 2867. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former member of the United States House of Representatives. Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. 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. Study on using existing pits for the Reliable Replacement Warhead program. Sec. 3112. National Nuclear Security Administration study on nuclear weapons complex protective forces. Sec. 3113. Report on retirement and dismantlement of nuclear warheads. Sec. 3114. Assessment of security risks posed to nuclear weapons complex. Sec. 3115. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXIII--NATIONAL DEFENSE STOCKPILE Sec. 3301. Authorized uses of National Defense Stockpile funds. Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. TITLE XXXIV--NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV--MARITIME ADMINISTRATION Sec. 3501. Authorization of appropriations for fiscal year 2008. Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for disposal. 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. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. National Guard and Reserve equipment. Subtitle B--Army Programs Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package vehicles. Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles. Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration. Sec. 114. Multiyear procurement authority for CH-47F helicopters. Sec. 115. Limitation on use of funds for Joint Network Node program pending certification to Congress. Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report. Subtitle C--Navy Programs Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls. Sec. 122. Multiyear procurement authority for Virginia-class submarine program. Sec. 123. Limitation on final assembly of VH-71 Presidential transport helicopters. Sec. 124. Limitation on operational deployment of weapons system that uses Trident missiles converted to carry conventional payloads. Sec. 125. Program to provide contractors with capital expenditure incentives. Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for employment of nonimmigrant workers. [[Page H5155]] Sec. 127. Limitation on concurrent design and construction on first ship of a shipbuilding program. Subtitle D--Air Force Programs Sec. 131. Limitation on retiring C-5 aircraft. Sec. 132. Limitation on Joint Cargo Aircraft. Sec. 133. Clarification of limitation on retirement of U-2 aircraft. Sec. 134. Repeal of requirement to maintain retired C-130E tactical airlift aircraft. Subtitle A--Authorization of Appropriations SEC. 101. ARMY. Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows: (1) For aircraft, $3,928,139,000. (2) For missiles, $2,114,902,000. (3) For weapons and tracked combat vehicles, $3,311,117,000. (4) For ammunition, $2,238,176,000. (5) For other procurement, $11,465,456,000. (6) For the Joint Improvised Explosive Device Defeat Fund, $500,000,000. SEC. 102. NAVY AND MARINE CORPS. (a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows: (1) For aircraft, $12,750,767,000. (2) For weapons, including missiles and torpedoes, $3,058,387,000. (3) For shipbuilding and conversion, $15,744,120,000. (4) For other procurement, $5,443,612,000. (b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,580,257,000. (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and the Marine Corps in the amount of $1,060,484,000. 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, $12,356,270,000. (2) For ammunition, $868,917,000. (3) For missiles, $5,138,002,000. (4) For other procurement, $15,441,762,000. SEC. 104. DEFENSE-WIDE ACTIVITIES. Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,537,834,000. SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement of aircraft, missiles, wheeled and tracked combat vehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces in the amount of $1,131,850,000. Subtitle B--Army Programs SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM ENHANCEMENT PACKAGE VEHICLES. (a) Authority.--The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M1A2 Abrams System Enhancement Package vehicles. (b) Limitation on Term of Contract.--Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years. SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3 BRADLEY FIGHTING VEHICLES, M3A3 CAVALRY FIGHTING VEHICLES, AND M2A3 BRADLEY FIRE SUPPORT TEAM VEHICLES. (a) Authority.--The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire Support Team Vehicles. (b) Limitation on Term of Contract.--Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of four program years. SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION. (a) Authority.--The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for conversion of CH-47D helicopters to the CH-47F configuration. (b) Limitation on Term of Contract.--Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years. SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS. (a) Authority.--The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of CH-47F helicopters. (b) Limitation on Term of Contract.--Notwithstanding subsection (k) of section 2306b of title 10, United States Code, a contract under this section may not be for a period in excess of five program years. SEC. 115. LIMITATION ON USE OF FUNDS FOR JOINT NETWORK NODE PROGRAM PENDING CERTIFICATION TO CONGRESS. Of the amounts authorized to be appropriated for fiscal year 2008 for Other Procurement, Army, that are available for the Joint Network Node program, not more than 50 percent may be obligated or expended until the Secretary of the Army submits to the congressional defense committees the Secretary's certification, in writing, that-- (1) the Joint Network Node program is a program of record in accordance with Department of Defense Instruction 5000.2, ``Operation of the Defense Acquisition System'', dated May 12, 2003; (2) the Director of Operational Test and Evaluation has approved a plan for an operational test and evaluation of the Joint Network Node system; and (3) the Army plans to procure all future lots of equipment for the Joint Network Node program through a competitive bid process. SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM PRODUCTION LINE PENDING REPORT. (a) Prohibition.--Amounts appropriated pursuant to the authorization of appropriations in section 101(2) for missiles, Army, and in section 1502(4) for missile procurement, Army, and any other appropriated funds available to the Secretary of the Army may not be used to commence, continue, or complete the closure of the production line for the Army Tactical Missile System program until at least 120 days after the date on which the Secretary of the Army submits to the congressional defense committees a report that contains-- (1) the certification of the Secretary that the long range surface-to-surface strike and counter battery mission of the Army can be adequately performed by other elements of the Armed Forces; (2) a plan to mitigate any shortfalls in the industrial base that would be created by the closure of the production line; and (3) a plan to replace the Army's capability to perform long range surface-to-surface strike and counter battery missions. (b) Submission of Report.--The report referred to in subsection (a) is required not later than April 1, 2008. Subtitle C--Navy Programs SEC. 121. AUTHORITY TO TRANSFER FUNDS FOR SUBMARINE ENGINEERED REFUELING OVERHAULS AND CONVERSIONS AND FOR AIRCRAFT CARRIER REFUELING COMPLEX OVERHAULS. (a) In General.--Chapter 633 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls ``(a) Authority.--From amounts made available to the Department of Defense for fiscal year 2008 or any fiscal year thereafter, the Secretary of Defense may transfer, to the account for procurement, Navy, for shipbuilding and conversion, such amounts as the Secretary determines necessary to cover the costs of submarine engineered refueling overhauls and conversions or aircraft carrier refueling complex overhauls. Amounts so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred. This transfer authority is in addition to any other transfer authority available to the Secretary. ``(b) Determination.--The authority under this section may be exercised only where the Secretary determines that the transfer of funds is required because of the discovery, during the overhaul or conversion concerned, of unanticipated and emergent maintenance or repair. ``(c) Notification.--A transfer may be made under this section if-- ``(1) the Secretary determines that the overhaul or conversion concerned can be completed, so as to return the submarine or aircraft carrier to a full operational status, with that transfer; and ``(2) the Secretary submits to the congressional defense committees a written notification of the determination required by subsection (b) and the determination required by paragraph (1), together with explanations of the basis for each such determination. ``(d) Limitation of $20,000,000.--An overhaul or conversion may receive one or more transfers under this section, but may not receive more than $20,000,000 in such transfers, regardless of fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.''. SEC. 122. 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 2008 program year, for the procurement of Virginia-class submarines and Government-furnished equipment associated with the Virginia-class submarine program. (b) Limitation.--The Secretary may not enter into a contract authorized by subsection (a) until-- (1) the Secretary submits to the congressional defense committees a certification that the Secretary has made, with respect to that contract, each of the findings required by subsection (a) of section 2306(b) of title 10, United States Code; and (2) a period of 30 days has elapsed after the date of the transmission of such certification. [[Page H5156]] SEC. 123. LIMITATION ON FINAL ASSEMBLY OF VH-71 PRESIDENTIAL TRANSPORT HELICOPTERS. (a) In General.--No funds appropriated pursuant to an authorization of appropriations or otherwise made available for aircraft procurement, Navy, may be obligated or expended for the final assembly of more than five VH-71 Presidential transport helicopters. (b) Exception.--The limitation in subsection (a) does not apply to a helicopter if the final assembly of the helicopter is carried out in the United States. SEC. 124. LIMITATION ON OPERATIONAL DEPLOYMENT OF WEAPONS SYSTEM THAT USES TRIDENT MISSILES CONVERTED TO CARRY CONVENTIONAL PAYLOADS. (a) Limitation.--No funds appropriated or otherwise available to the Department of Defense for fiscal year 2008 may be obligated or expended for operational deployment of a weapons system that uses Trident missiles converted to carry conventional payloads. (b) Notification.--Within 30 days after the date on which the Secretary of Defense determines that the weapons system referred to in subsection (a) is fully functional and that fielding the weapons system is necessary to meet military requirements, the Secretary shall submit to the congressional defense committees notification, in writing, of that determination. SEC. 125. PROGRAM TO PROVIDE CONTRACTORS WITH CAPITAL EXPENDITURE INCENTIVES. (a) In General.--From amounts made available for procurement, Navy, for shipbuilding and conversion, for fiscal year 2008 or any fiscal year thereafter, the Secretary of the Navy may carry out a program under which the Secretary provides contractors with capital expenditure incentives to support investment in facilities and process improvements for current and future Navy vessel construction contracts. (b) Use of Funds.--Amounts provided to a contractor under the program may be used for improvements that benefit any one or more of the shipbuilding programs in the contractor's facilities. (c) Analysis Required.--Amounts may be provided to a contractor under the program only if the contractor presents a proposal containing a fully supported analysis that demonstrates that the investment would lead to ship construction or life cycle savings to the Federal Government by-- (1) improvements in design, material, technology, or manufacturing process; (2) investing in shipyard infrastructure that would support construction process improvement; (3) investing in specialized workforce training, including apprenticeship training programs; or (4) investing in construction process that would reduce life cycle maintenance costs of the vessels under construction at the contractor's facilities. (d) Approval.--The Secretary shall not provide amounts to a contractor under the program unless the Secretary determines that-- (1) the analysis contained in the proposal is sound; and (2) providing those amounts is in the best interests of the United States. (e) Demonstration of Savings to the Federal Government.-- The Secretary shall not provide amounts to a contractor under the program unless the Secretary and the contractor, as part of the approval process for a proposal, agree to measures, benchmarks, and recoupment provisions in the event the investment fails to demonstrate savings to the Federal Government. (f) Report.--At the end of each fiscal year, beginning with fiscal year 2008, the Secretary shall submit to the congressional defense committees a report on the activities carried out under this section during that fiscal year. The report shall describe each incentive approved during that fiscal year and, for each such incentive, include an estimate of the costs of providing the incentive and an analysis of the potential savings to the Federal Government from the investment. (g) Regulations.--The Secretary shall prescribe regulations to carry out this section. The initial regulations shall be prescribed not later than 180 days after the date of the enactment of this Act. SEC. 126. LIMITATION ON USE OF SHIPBUILDING AND CONVERSION, NAVY, FUNDS FOR EMPLOYMENT OF NONIMMIGRANT WORKERS. (a) Limitation on the Use of Funds.-- (1) In general.--Except as provided in subsection (c), funds appropriated or otherwise available to the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal year 2008 or any fiscal year thereafter may not be used for the purpose of ship construction at the facility of a contractor who, for the purposes of United States Navy ship construction, employs or contracts for foreign workers who are legally present in the United States under a H2B visa. (2) Contractors covered.--Paragraph (1) applies to prime contractors and subcontracts at any tier under such contracts. (b) Analysis of Shipyard Labor.-- (1) In general.--The Assistant Secretary of the Navy for Research, Development, and Acquisition shall maintain a five- year forecast of potential labor surplus, by shipyard, for each of the shipyards that construct ships for the Navy based on the Navy's annual naval vessel construction plan required by section 231 of title 10, United States Code. (2) Inclusion in plan.--The forecast required by paragraph (1) shall be included in each plan submitted in accordance with section 231 of title 10, United States Code. (c) Exception for Shortage of United States Workers.--The Secretary of the Navy may waive the restriction in subsection (a) for a contractor for a fiscal year if the contractor certifies to the Secretary for that fiscal year that-- (1) the contractor has fully complied with all existing laws and regulations regarding labor certifications in support of an application for alien employment via the H2B visa process; (2) a Department of Labor regional certifying officer has issued a determination approving such an application, in accordance with existing laws and regulations; and (3) the contractor has attempted to recruit United States shipyard workers in the geographical area surrounding shipyards identified in the most recent Navy annual naval vessel construction plan as having potential labor surpluses, in a manner that is consistent with procedures which shall be prescribed by the Secretary and that-- (A) is appropriate for the occupation; (B) offers, at a minimum, the same transportation and housing benefits to be offered to alien employees; and (C) is most likely to bring responses. SEC. 127. LIMITATION ON CONCURRENT DESIGN AND CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM. (a) In General.--For any shipbuilding program that is a major defense acquisition program under section 2430 of title 10, United States Code, the start of construction of a first ship (as defined in subsection (b)) may not occur until the Secretary of the Navy certifies to the congressional defense committees that the detailed design of the ship is completed and approved by the relevant design certification agents, to a level determined by the Secretary to be acceptable for commencement of construction, via a report described in subsection (d). (b) First Ship.--For purposes of subsection (a), a ship is a first ship if-- (1) the ship is the first ship to be constructed under that shipbuilding program; (2) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program; or (3) the ship is the first ship to be constructed following a major design change, characterized as a change in flight, under that shipbuilding program. (c) Start of Construction.--For purposes of subsection (a), start of construction means the beginning of fabrication of the hull and superstructure of the ship. (d) Report.--The Secretary of the Navy shall provide the certification required by subsection (a) in a report that provides an assessment of each of the following: (1) The degree of completion of the detailed design drawings and specifications for the ship. (2) The readiness of the shipyard facilities and workforce to begin construction. (3) The maturity level of research and development efforts of any new technologies that will be used in the ship's command and control systems, weapons systems, sensor systems, mechanical or electrical systems, or hull. (4) The ability to meet cost and schedule estimates within the applicable program baseline. (e) Applicability.-- (1) New shipbuilding programs.--This section applies to each shipbuilding program beginning after the date of the enactment of this Act. (2) Major design changes for existing shipbuilding programs.--In addition, subsection (b)(3) applies to any major design change occurring after the date of the enactment of this Act to any shipbuilding program in existence as of the date of the enactment of this Act. Subtitle D--Air Force Programs SEC. 131. LIMITATION ON RETIRING C-5 AIRCRAFT. (a) Certification and Cost Analysis Required.--The Secretary of the Air Force may not proceed with a decision to retire C-5A aircraft from the inventory of the Air Force in any number that would reduce the total number of such aircraft in the inventory below 111 until 45 days after the Secretary of the Air Force submits to the congressional defense committees the following: (1) The Secretary's certification that-- (A) the Secretary is able to comply with subsection (g) of section 8062 of title 10, United States Code; and (B) retiring the aircraft will not significantly increase operational risk of not meeting the National Military Strategy. (2) A cost analysis with respect to the aircraft to be retired that-- (A) evaluates which alternative is more prudent in meeting strategic airlift mobility requirements-- (i) to retire the aircraft; or (ii) to perform the Avionics Modernization Program (AMP) and the Reliability Enhancement and Re-engining Program (RERP) on the aircraft; and (B) evaluates the cost of C-17 aircraft to replace the capability of the aircraft to be retired. (b) Additional Requirements for Cost Analysis.--The cost analysis required by subsection (a)(2) shall be performed by a Federally Funded Research and Development Center selected by the Air Force and shall conform to the following requirements: (1) The cost analysis shall include one analysis that uses ``constant year dollars'' and one analysis that uses ``then year dollars''. (2) For each such analysis, the time period covered by the analysis shall be the expected service life of the aircraft concerned. (3) For each such analysis, the ownership costs evaluated shall include costs for-- (A) planned technology insertions or upgrades over the service life of the aircraft to meet emerging requirements; (B) research and development; (C) testing; (D) procurement; (E) production; [[Page H5157]] (F) production termination; (G) operations; (H) training; (I) maintenance; (J) sustainment; (K) military construction; (L) personnel; (M) cost of replacement due to attrition; and (N) disposal. (4) The cost analysis shall include each of the following: (A) An assessment of the quality of each cost analysis. (B) A discussion of each of the following: (i) The assumptions used. (ii) The benefits to be realized from each alternative. (iii) Adverse impacts to be realized from each alternative. (iv) Cargo capacity, operational availability, departure reliability, and mission capability. (v) Aircraft basing. (vi) Aircrew ratios and associated training requirements. (vii) Performing AMP and RERP on only C-5B and C5C aircraft. (C) A summary table that compares and contrasts each alternative with respect to each of the requirements of this subsection. (c) Conforming Repeal.--Section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411) is repealed. SEC. 132. LIMITATION ON JOINT CARGO AIRCRAFT. No funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement, or for research, development, test, and evaluation, may be obligated or expended for the Joint Cargo Aircraft until 30 days after the Secretary of Defense submits to the congressional defense committees each of the following: (1) The Air Force Air Mobility Command's Airlift Mobility Roadmap. (2) The Department of Defense Intra-Theater Airlift Capabilities Study. (3) The Department of Defense Joint Intra-Theater Distribution Assessment. (4) The Joint Cargo Aircraft Functional Area Series Analysis. (5) The Joint Cargo Aircraft Analysis of Alternatives. (6) The Secretary's certification that-- (A) there is, within the Department of the Army, Department of the Air Force, Army National Guard, or Air National Guard, a capability gap or shortfall with respect to intra-theater airlift; and (B) validated requirements exist to fill that gap or shortfall through procurement of the Joint Cargo Aircraft. SEC. 133. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT. Section 133(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2112) is amended-- (1) in paragraph (1)-- (A) by striking ``After fiscal year 2007'' and inserting ``For each fiscal year after fiscal year 2007''; and (B) by inserting after ``Secretary of Defense'' the following: ``, in that fiscal year,''; and (2) in paragraph (2)-- (A) by inserting after ``Department of Defense'' the following: ``in a fiscal year''; and (B) by inserting after ``Congress'' the following: ``in that fiscal year''. SEC. 134. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL AIRLIFT AIRCRAFT. Section 137(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is repealed. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. Sec. 202. Amount for defense science and technology. Subtitle B--Program Requirements, Restrictions, and Limitations Sec. 211. Operational test and evaluation of Future Combat Systems network. Sec. 212. Limitation on systems development and demonstration of Joint Light Tactical Vehicle program. Sec. 213. Requirement to obligate funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter. Sec. 214. Limitation on use of funds for manufacturing science and technology program. Subtitle C--Ballistic Missile Defense Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. Sec. 222. Fielding of ballistic missile defense capabilities and future roles and missions of Missile Defense Agency. Sec. 223. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile. Sec. 224. Two-year extension of Comptroller General assessments of ballistic missile defense programs. Sec. 225. Independent study on deploying missile defense system in Europe. Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense. Subtitle D--Other Matters Sec. 231. Responsibility for human systems integration activities. Sec. 232. Expansion of authority for encouragement of technology transfer. Sec. 233. Army Venture Capital Fund demonstration. Sec. 234. Independent tests for combat helmet pad suspension systems. Sec. 235. Report on implementation of Manufacturing Technology Program. Sec. 236. Assessment of sufficiency of test and evaluation personnel. Sec. 237. Repeal of requirement for separate reports on technology area review and assessment summaries. Subtitle A--Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $10,082,498,000. (2) For the Navy, $17,333,601,000. (3) For the Air Force, $25,738,960,000. (4) For Defense-wide activities, $20,141,264,000, 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, $11,504,291,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects. (b) Basic Research, Applied Research, and Advanced Technology Development Defined.--For purposes of this section, the term ``basic research, applied research, and advanced technology development'' means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3. Subtitle B--Program Requirements, Restrictions, and Limitations SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS NETWORK. (a) Operational Test and Evaluation Required.--The Secretary of the Army, in cooperation with the Director, Operational Test and Evaluation, shall complete an operational test and evaluation (as defined in section 139(a)(2)(A) of title 10, United States Code), of the FCS network in a realistic environment simulating operational conditions. The operational test and evaluation shall-- (1) be conducted and approved by the Director, Operational Test and Evaluation; (2) be conducted using production representative equipment, sensors, and software for the FCS network; (3) be conducted in a manner that simulates a full Future Combat Systems brigade; (4) be conducted, to the maximum extent possible, using actual communications equipment instead of computer simulations; (5) be conducted in a realistic operational electronic warfare environment, including enemy electronic warfare and network attacks; and (6) include, to the maximum extent possible, all sensor information feeds the FCS network is designed to incorporate. (b) FCS Network Defined.--In this section, the term ``FCS network'' includes all sensors, information systems, computers, and communications systems necessary to support Future Combat Systems brigade operations. (c) Report.--Not later than 120 days after completing the operational test and evaluation required by subsection (a), the Director, Operational Test and Evaluation shall submit to the congressional defense committees a report on the outcome of the operational test and evaluation. The report shall include, at a minimum-- (1) an evaluation of the overall operational effectiveness of the FCS network, including-- (A) an evaluation of the FCS network's capability to transmit the volume and classes of data required by Future Combat Systems approved requirements; and (B) an evaluation of the FCS network's performance in a degraded condition due to enemy network attack, sophisticated enemy electronic warfare, adverse weather conditions, and terrain variability; (2) an evaluation of the FCS network's ability to improve friendly force knowledge of the location and capability of enemy forces and combat systems; and (3) an evaluation of the overall operational suitability of the FCS network. (d) Limitation Pending Submission of Report.-- (1) In general.--No funds appropriated pursuant to an authorization of appropriations or otherwise made available to the Department of the Army for any fiscal year may be obligated for low-rate initial production or full-rate production of Future Combat Systems manned ground vehicles until 60 days after the date on which the report is submitted under subsection (c). (2) Waiver authority.--The Secretary of Defense may waive the limitation in paragraph (1) if the Secretary determines that such a waiver is critical for national security. Such a waiver shall not become effective until 14 days after the date on which the Secretary submits to the congressional defense committees a written notice of the waiver. (3) Inapplicability to the non line of sight cannon vehicle.--The limitation in paragraph (1) does not apply to the Non Line of Sight Cannon vehicle. SEC. 212. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE PROGRAM. No funds appropriated pursuant to an authorization of appropriations or otherwise made available for any fiscal year may be obligated or expended for the Joint Light Tactical Vehicle program beyond the Design Readiness Review for the acquisition program phase of systems development and demonstration until after the certification for the Joint Light Tactical Vehicle [[Page H5158]] program is made and submitted as required by section 2366a of title 10, United States Code, and a progress report is received for review by the congressional defense committees. SEC. 213. REQUIREMENT TO OBLIGATE FUNDS FOR DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER. Of the funds appropriated pursuant to an authorization of appropriations or otherwise made available, for fiscal year 2008 or any fiscal year thereafter, for research, development, test, and evaluation and procurement for the Joint Strike Fighter program, the Secretary of Defense shall obligate sufficient annual amounts to develop and procure a competitive propulsion system for the Joint Strike Fighter in order to conduct a competitive propulsion source selection. SEC. 214. LIMITATION ON USE OF FUNDS FOR MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM. (a) In General.--No funds available to the Office of the Secretary of Defense for any fiscal year may be obligated or expended for a manufacturing science and technology project unless the Director, Defense Research and Engineering, ensures that-- (1) the project is awarded using competitive procedures in accordance with section 2304 of title 10, United States Code; (2) the project is carried out-- (A) under the Manufacturing Technology Program established by section 2521 of title 10, United States Code; and (B) in compliance with all requirements of any directive that applies to manufacturing technology; and (3) a technology transition agreement has been fully executed between the Director and a prospective technology user. (b) Definitions.--In this subsection: (1) The term ``technology transition agreement'' means an agreement signed by officials of the Department of Defense that includes-- (A) a description of the prospective technology user's relevant technology needs in priority order; (B) a description of the minimum increment of capability that must be developed in order for the prospective technology user to consider implementing the technology; (C) a schedule of technology transition windows for each technology need; (D) a description of discrete technology deliverables that specifically identifies which user need would be fulfilled by each deliverable; (E) a schedule for technology deliverables that aligns with user defined technology transition opportunities; and (F) a commitment by the prospective technology user to program for advanced development or procurement funding, as appropriate, upon successful delivery of the technology, in accordance with the other terms of the agreement. (2) The term ``prospective technology user'' has the meaning given that term in section 2521(c)(6) of title 10, United States Code. Subtitle C--Ballistic Missile Defense SEC. 221. OVERSIGHT OF MISSILE DEFENSE AGENCY PROGRAMS BY DIRECTOR OF OPERATIONAL TEST AND EVALUATION. (a) MDA To Report to OT&E.--The Director of the Missile Defense Agency shall report promptly to the Director of Operational Test and Evaluation the results of-- (1) all operational test and evaluation conducted by the Missile Defense Agency with respect to any major defense acquisition program; and (2) all studies conducted in connection with such operational test and evaluation. (b) OT&E Observers at MDA Tests.--The Director of Operational Test and Evaluation may require that such observers as the Director of Operational Test and Evaluation may designate are present during the preparation for, and the conduct of, the test part of any test and evaluation conducted by the Missile Defense Agency with respect to any major defense acquisition program. (c) OT&E Access to Information.--The Director of Operational Test and Evaluation shall have access to all information of the Department of Defense (including information of the Missile Defense Agency) that the Director considers necessary to review in order to carry out this section. SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES AND FUTURE ROLES AND MISSIONS OF MISSILE DEFENSE AGENCY. (a) Availability of RDT&E Funds for Fiscal 2009.--Upon approval by the Secretary of Defense, funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency-- (1) may be used for the development and fielding of ballistic missile defense capabilities; and (2) may not be used for operations and support activities. (b) Budgeting for Operations and Support for Fiscal 2009.-- For fiscal year 2009, any amount in the budget submitted to Congress under section 1105(a) of title 31, United States Code, for operations and support activities for the Missile Defense Agency shall be set forth under the account of the Department of Defense for operation and maintenance, Defense- wide, and, within that account, under the subaccount (or other budget activity level) for the Missile Defense Agency. (c) Plan Required.--Not later than March 1, 2008, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a plan for transitioning the Missile Defense Agency from using research, development, test, and evaluation funds for missile defense fielding activities to using procurement funds for those activities where practicable. (d) Study Required.-- (1) In general.--The Secretary of Defense shall enter into an agreement with one of the Federally Funded Research and Development Centers under which the Center will carry out a study to examine, and make recommendations with respect to, the long-term structure, roles, and missions of the Missile Defense Agency. (2) Matters included.-- (A) Review.--The study shall include a full review of the structure, roles, and missions of the Missile Defense Agency. (B) Assessments.--The study shall include an examination and assessment of the current and future-- (i) structure, roles, and missions of the Missile Defense Agency; and (ii) relationship of the Missile Defense Agency with-- (I) the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; (II) the Office of the Under Secretary of Defense for Policy; (III) the Director of Operational Test and Evaluation; (IV) the Commander of the United States Strategic Command and other combatant commanders; and (V) the military departments. (C) Recommendations.--The study shall include recommendations as to how the Missile Defense Agency can be made more effective to support the needs of the warfighter. The recommendations shall include specific recommendations as to whether-- (i) the Missile Defense Agency should be maintained in its current configuration; (ii) the scope and nature of the Missile Defense Agency should be changed from an organization focused on research and development to an organization focused on combat support; and (iii) the Missile Defense Agency should be abolished and its responsibilities transferred to the United States Strategic Command and the military departments. (3) Cooperation from government.--In carrying out the study, the Federally Funded Research and Development Center shall receive the full and timely cooperation of the Secretary of Defense and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (4) Report.--Not later than September 1, 2008, the Federally Funded Research and Development Center shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on its findings, conclusions, and recommendations. (5) Funding.--Funds for the study shall be provided from amounts appropriated for the Department of Defense. SEC. 223. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3 BLOCK IIA MISSILE. None of the funds appropriated or otherwise made available pursuant to an authorization of appropriations in this Act may be obligated or expended to replace the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after the Secretary of Defense certifies to Congress that-- (1) the United States and Japan have reached an agreement to replace the unitary warhead on the SM-3 Block IIA missile; and (2) replacing the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle will not delay the expected deployment date of 2014-2015 for that missile. SEC. 224. TWO-YEAR 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 2010''; and (2) in paragraph (2), by striking ``through 2009'' and inserting ``through 2011''. SEC. 225. INDEPENDENT STUDY ON DEPLOYING MISSILE DEFENSE SYSTEM IN EUROPE. (a) Study Required.--The Secretary of Defense shall enter into an agreement with one of the Federally Funded Research and Development Centers under which the Center will carry out a study on the political, technical, operational, force structure, and budgetary implications of deploying a long- range missile defense system in Europe. (b) Analysis of Administration Proposal.--The study shall provide a full analysis of the Administration's proposal to protect forward-deployed radars, Europe, and the United States by deploying, in Europe, interceptors and radars of the Ground-Based Midcourse Defense (GMD) system. In providing the analysis, the study shall examine each of the following: (1) The technical capabilities of the GMD system, as so deployed, to effectively protect forward-deployed radars, Europe, and the United States. (2) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties. (3) The operational issues associated with such a deployment. (4) The force structure implications of such a deployment. (5) The budgetary implications of such a deployment. (c) Analysis of Alternatives.--The study shall also provide a full analysis of alternative systems that could be deployed to fulfill, in [[Page H5159]] whole or in part, the protective purposes of the Administration's proposal. The alternative systems shall include a range of feasible combinations of other missile defense systems that are available or are expected to be available as of 2020. In providing the analysis, the study shall examine, for each alternative system included, the following: (1) The technical capabilities of the alternative system, as so deployed, to effectively protect forward-deployed radars, Europe, and the United States. (2) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties. (3) The operational issues associated with such a deployment. (4) The force structure implications of such a deployment. (5) The budgetary implications of such a deployment. (d) Cooperation Required.--In carrying out the study, the Federally Funded Research and Development Center shall receive the cooperation of the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Federally Funded Research and Development Center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study. The report shall be in unclassified form, but may include a classified annex. (f) Funding.--Of the amounts appropriated or otherwise made available pursuant to the authorization of appropriations in section 201(4), $1,000,000 is available to carry out the study required by this section. SEC. 226. SENSE OF CONGRESS CONCERNING FULL SUPPORT FOR DEVELOPMENT AND FIELDING OF A LAYERED BALLISTIC MISSILE DEFENSE. It is the sense of Congress that-- (1) the development and proliferation of ballistic missile and nuclear capabilities by rogue nations continues to grow, posing a serious threat to the national security of the United States, United States military forces deployed, and United States national security interests more broadly, as demonstrated by-- (A) the July 2006 test by North Korea of six short-range missiles and one longer-range Taepo Dong-2 missile, and the October 2006 test by North Korea of a nuclear device; (B) the November 2006 and January 2007 test by Iran of nearly a dozen missiles and an ongoing effort by Iran to enrich uranium; (C) the reported proliferation of BM-25 intermediate range ballistic missiles from North Korea to Iran; and (D) the reported January 2007 test by Syria of Scud-D short-range ballistic missiles; (2) the United States must have the capability to defend its homeland and forward-deployed military forces against the threats highlighted in paragraph (1); (3) the United States is committed to working with its allies to obtain the capability to defend our broader national security interests against ballistic missile threats highlighted in paragraph (1); (4) as specified in the John Warner National Defense Authorization Act for Fiscal Year 2007, ``It is the policy of the United States that the Department of Defense accord priority within the missile defense program to the development, testing, fielding, and improvement of effective near-term missile defense capabilities, including the ground- based midcourse defense system, the Aegis ballistic missile defense system, the Patriot PAC-3 system, the Terminal High Altitude Area Defense system, and the sensors necessary to support such systems.''; (5) the Congress fully supports efforts by the Department of Defense to continue development, testing, and fielding of an effective, integrated, robust, layered ballistic missile defense system that is capable of intercepting ballistic missiles as described in paragraph (1) in various phases of flight; (6) a layered defense requires fielding components on land and sea, space-based and other sensors, along with the command and control capability that ties the various components together; and (7) it is in the national security interest of the United States to continue development, testing, and operations of the United States ballistic missile defense system to hedge against uncertainty in the development, test, and fielding of ballistic missile capabilities by rogue nations. Subtitle D--Other Matters SEC. 231. RESPONSIBILITY FOR HUMAN SYSTEMS INTEGRATION ACTIVITIES. (a) In General.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall coordinate and manage human systems integration activities throughout the acquisition programs of the Department of Defense. (b) Administration.--In carrying out subsection (a), the Secretary shall-- (1) designate a senior official to be responsible for the effort; and (2) supervise the planning, management, and coordination of such activities. (c) Responsibilities.--In carrying out this section, the Secretary shall-- (1) develop a Department of Defense Instruction, and as necessary a Department of Defense Directive, specific to human systems integration activities; and (2) identify and recommend, as appropriate, resource requirements for human systems integration activities. (d) Designation.--The designation required by subsection (b)(2) shall be made not later than 60 days after the date of the enactment of this Act. SEC. 232. EXPANSION OF AUTHORITY FOR ENCOURAGEMENT OF TECHNOLOGY TRANSFER. Section 2514(c) of title 10, United States Code, is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3)(A) Under the Program, the defense laboratories and research centers may, through leases, contracts, or other appropriate arrangements, provide facilities, services, and equipment to private industry in order to promote accelerated development of critical technologies and technology transfer initiatives that support the Department of Defense. ``(B) The facilities, services, and equipment provided under this paragraph shall be provided on a non-interference basis. ``(C) The defense laboratory or research center-- ``(i) shall charge, accept, and retain fees in amounts necessary to recover the full costs of the facilities, services, and equipment provided, including capital improvement costs, utility and service costs, and equipment depreciation costs; and ``(ii) may charge, accept, and retain fees for providing the facilities, services, and equipment. ``(D) The defense laboratory or research center may accept payment in cash or in kind for fees charged under subparagraph (C). ``(E) Fees accepted under subparagraph (C) shall be credited to the account that was used to cover the costs for which the payment was provided. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account.''. SEC. 233. ARMY VENTURE CAPITAL FUND DEMONSTRATION. (a) In General.--Of the amounts appropriated pursuant to the authorization of appropriations in section 201(1) or otherwise made available for research, development, test, and evaluation, Army, $10,000,000 is available for the Army Venture Capital Fund demonstration, to be used only for investment in renewable energy technologies. (b) Definition.--For purposes of this section, the Army Venture Capital Fund demonstration is the program for which funds were initially provided in section 8150 of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 2281), as extended and revised in section 8105 of Department of Defense Appropriations Act, 2003 (Public Law 107-248; 116 Stat. 1562). SEC. 234. INDEPENDENT TESTS FOR COMBAT HELMET PAD SUSPENSION SYSTEMS. (a) In General.--From amounts made available pursuant to the authorization of appropriations in section 201(4) for research, development, test, and evaluation, Defense-wide, the Secretary of Defense shall carry out a test and evaluation of combat helmet pad suspension systems. The test and evaluation shall be carried out using verified product representative samples from the five producers of combat helmet pad suspension systems that are qualified as of the date of the enactment of this Act. The test and evaluation shall include an operational assessment of the pad suspension systems, including a field user evaluation. (b) Independent Laboratory.--The test and evaluation shall be carried out in an objective and transparent manner by a certified and qualified laboratory that is independent of the Federal Government. (c) Report.--Not later than September 30, 2008, the Secretary shall submit to the congressional defense committees a report on the results of the test and evaluation. SEC. 235. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM. (a) Report Required.--Not later than March 1, 2008, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the technologies and processes developed under the Manufacturing Technology Program required by section 2521 of title 10, United States Code. (b) Elements.--The report shall identify each technology or process implemented and, for each such technology or process, shall identify-- (1) the project of the Manufacturing Technology Program through which the technology or process was developed, the Federal and non-Federal participants in that project, and the duration of the project; (2) the organization or program implementing the technology or process, and the type of implementation; (3) the total Federal funding required to implement the technology or process, including-- (A) funds provided by military departments and Defense Agencies under the Manufacturing Technology Program; (B) funds provided by the Department of Defense, or any element of the Department, to co-develop the technology or process; (C) to the maximum extent possible, funds provided by the Department of Defense, or any element of the Department, to-- (i) mature the technology or process prior to transition to the Manufacturing Technology Program; and (ii) fully implement the technology or process; (4) the total value of industry cost share, if applicable; and (5) the total value of cost avoidance or cost savings directly attributable to the implementation of the technology or process. (c) Definition.--For purposes of this section, the term ``implementation'' refers to-- [[Page H5160]] (1) the use of a technology or process in the manufacture of defense materiel; (2) the identification of a technology or process in the manufacturing baseline for a program of record that has not yet achieved full rate production; or (3) the use of a technology or process for the manufacture of commercial items. (d) Scope.--The report shall include technologies or processes developed with funds appropriated or otherwise made available for Manufacturing Technology for fiscal years 2002 through 2007. SEC. 236. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL. (a) Assessment Required.--The Director of Operational Test and Evaluation shall assess whether the Director's professional staff meets the requirement of section 139(j) of title 10, United States Code, that the staff be sufficient to carry out the Director's duties and responsibilities. (b) Inclusion in Report.--The Director shall include the results of the assessment in the report, required by section 139(g) of title 10, United States Code, summarizing the operational test and evaluation activities during fiscal year 2007. SEC. 237. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA REVIEW AND ASSESSMENT SUMMARIES. Subsection (c) of section 253 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3179; 10 U.S.C. 2501 note) is repealed. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations Sec. 301. Operation and maintenance funding. Sec. 302. Working capital funds. Sec. 303. Other Department of Defense Programs. 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 Arctic Surplus Superfund Site, Fairbanks, Alaska. Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in connection with Jackson Park Housing Complex, Washington. Subtitle C--Workplace and Depot Issues Sec. 321. Increase in threshold amount for contracts for procurement of capital assets in advance of availability of working- capital funds for the procurement. Sec. 322. Authorization of availability of working-capital funds for certain product improvements. Sec. 323. Authorization of use of working-capital funds for acquisition of certain items. Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. Sec. 325. Public-private competition at end of period specified in performance agreement not required. Sec. 326. Guidelines on insourcing new and contracted out functions. Sec. 327. Additional requirements for annual report on public-private competitions. Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A-76. Sec. 330. Public-private competition required before conversion to contractor performance. Sec. 331. Reauthorization and modification of multi-trades demonstration project. Subtitle D--Extension of Program Authorities Sec. 341. Extension of Arsenal Support Program Initiative. Sec. 342. Extension of period for reimbursement for helmet pads purchased by members of the Armed Forces deployed in contingency operations. Subtitle E--Reports Sec. 351. Inclusion of National Guard readiness for civil support missions in quarterly personnel and unit readiness report. Sec. 352. Plan to improve readiness of active and reserve component ground forces. Sec. 353. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. Sec. 354. Independent assessment of Civil Reserve Air Fleet viability. Sec. 355. Annual report on prepositioned materiel and equipment. Sec. 356. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to Peterson Air Force Base. Sec. 357. Report on public-private partnerships. Subtitle F--Other Matters Sec. 361. Authority for Department of Defense to provide support for certain sporting events. Sec. 362. Reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense. Sec. 363. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States for certain health care services. Sec. 364. Recovery of missing military property. Sec. 365. Retention of Army combat uniforms by members of Army deployed in support of contingency operations. Sec. 366. Issue of serviceable material other than to Armed Forces. Sec. 367. Prohibition on deactivation of 36th Rescue Flight. Sec. 368. Limitation on expenditure of funds for initial flight screening at Pueblo Memorial Airport. Subtitle A--Authorization of Appropriations SEC. 301. OPERATION AND MAINTENANCE FUNDING. Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $28,868,671,000. (2) For the Navy, $33,138,090,000. (3) For the Marine Corps, $4,923,993,000. (4) For the Air Force, $33,393,333,000. (5) For Defense-wide activities, $22,732,978,000. (6) For the Army Reserve, $2,508,062,000. (7) For the Naval Reserve, $1,182,883,000. (8) For the Marine Corps Reserve, $208,637,000. (9) For the Air Force Reserve, $2,692,077,000. (10) For the Army National Guard, $5,845,809,000. (11) For the Air National Guard, $5,044,365,000. (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, $250,249,000. (18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $103,300,000. (19) For Cooperative Threat Reduction programs, $398,000,000. (20) For the Overseas Contingency Operations Transfer Fund, $5,000,000. SEC. 302. 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, $102,000,000. (2) For the National Defense Sealift Fund, $1,535,194,000. (3) For the Defense Working Capital Fund, Defense Commissary, $1,250,000,000. SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. (a) Defense Health Program.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $22,471,047,000, of which-- (1) $21,974,304,000 is for Operation and Maintenance; (2) $134,482,000 is for Research, Development, Test, and Evaluation; and (3) $362,261,000 is for Procurement. (b) Chemical Agents and Munitions Destruction, Defense.-- (1) 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 $1,455,724,000, of which-- (A) $1,162,452,000 is for Operation and Maintenance; (B) $274,846,000 is for Research, Development, Test, and Evaluation; and (C) $18,426,000 is for Procurement. (2) Amounts authorized to be appropriated under paragraph (1) are authorized for-- (A) 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 (B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. (c) 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 $936,822,000. (d) 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 $215,995,000, of which-- (1) $214,995,000 is for Operation and Maintenance; and (2) $1,000,000 is for Procurement. 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.--Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not [[Page H5161]] more than $91,588.51 to the Moses Lake Wellfield Superfund Site 10-6J Special Account for the purpose described in section 315(a)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 110-364; 120 Stat. 2141). (b) Source of Funds.--Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for environmental restoration, defense-wide. SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA. (a) Authority to Reimburse.--Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $186,625.38 to the Hazardous Substance Superfund 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'' and 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 environmental restoration, defense-wide. SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTY IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON. (a) Payment Required.--Notwithstanding section 2215 of title 10, United States Code, the Secretary of the Navy may transfer not more than $40,000.00 to the Hazardous Substance Superfund 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 of the Department of 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 agreement entered into by the Department of the Navy and the Environmental Protection Agency (U.S. EPA Docket Number 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 environmental restoration, Navy. Subtitle C--Workplace and Depot Issues SEC. 321. INCREASE IN THRESHOLD AMOUNT FOR CONTRACTS FOR PROCUREMENT OF CAPITAL ASSETS IN ADVANCE OF AVAILABILITY OF WORKING-CAPITAL FUNDS FOR THE PROCUREMENT. Section 2208(k)(2) of title 10, United States Code, is amended by striking ``$100,000'' and inserting ``$250,000''. SEC. 322. AUTHORIZATION OF AVAILABILITY OF WORKING-CAPITAL FUNDS FOR CERTAIN PRODUCT IMPROVEMENTS. Section 2208 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(s) Product Improvement.--(1) An engineering service, manufacturing effort, developmental testing, or operational test and evaluation effort for product improvement of a weapon system platform, major end item, component of a major end item, or article that is financed by a working-capital fund may be performed or acquired, if-- ``(A) the combined cost of the engineering services, manufacturing efforts, development testings, and operational test and evaluation efforts for the product improvements that are financed by the working-capital fund is less than $15,000,000; ``(B) the unit cost of the platform, item, component, or article is less than $1,000,000; and ``(C) the product improvement would improve the reliability and maintainability, extend the useful life, enhance safety, lower maintenance costs, provide performance enhancement, or expand the performance capability of the weapon system platform or major end item. ``(2) Funds described in paragraph (1) may be used in accordance with that paragraph for a commercial or industrial type function performed as part of a public-private partnership at the Center of Industrial and Technical Excellence designated under section 2474 of this title. ``(3) Each report submitted under subsection (q) for a working-capital fund shall include a description of any use of funds described in paragraph (1) that is financed by that working-capital fund and a description of the anticipated product improvement under subparagraph (C) of that paragraph.''. SEC. 323. AUTHORIZATION OF USE OF WORKING-CAPITAL FUNDS FOR ACQUISITION OF CERTAIN ITEMS. Section 2208 of title 10, United States Code, as amended by section 332, is further amended by adding at the end the following new subsection: ``(t) Acquisition Threshold for Weapons System Modification, Improvement and Lifecycle Extension.-- (1) Any of the following items may be provided through working- capital funds, if the item has a unit cost of not more than $500,000: ``(A) An item that is materiel for supplies or supply chain management, assemblies, spare or repair parts, modification kits, or any other item of equipment to provide maintenance, repair, or overhaul and rework. ``(B) An item for continuous technology refreshment to provide newer technologies that improve reliability and maintainability, extend the useful life, enhance safety, lower maintenance costs, provide performance enhancement, or expand the performance capability of a weapons system platform. ``(2) With respect to an item described in paragraph (1), the Secretary of each military department may increase the acquisition threshold under paragraph (1) to an amount that does not exceed $1,000,000, if the Secretary-- ``(A) determines the increase is necessary to maintain core logistics capabilities required by section 2464 of this title; and ``(B) not later than 30 days after such an increase, notifies Congress of the increase and the reasons for the increase. ``(3) An item described in paragraph (1) may be an item used for a commercial- or industrial-type function performed at a Center of Industrial and Technical Excellence designated under section 2474 of this title.''. SEC. 324. 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 paragraph (2)(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. 325. 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 public-private competition may not be required 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 for any function of the Department of Defense performed by Department of Defense civilian employees.''. SEC. 326. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS. (a) Codification and Revision of Requirement for Guidelines.-- (1) In general.--Chapter 146 of title 10, United States Code, is amended by inserting after section 2462 the following new section: ``Sec. 2463. Guidelines for use of civilian employees to perform Department of Defense functions ``(a) Guidelines Required.--The Under Secretary of Defense for Personnel and Readiness shall devise and implement guidelines to ensure [[Page H5162]] that consideration is given to using, on a regular basis, civilian employees of the Department of Defense to perform new functions and functions that are performed by contractors and could be performed by such civilian employees. The Secretary of a military department may prescribe regulations, if the Secretary determines such regulations are necessary for implementing such guidelines within that military department. ``(b) Special Consideration for Certain Functions.--The guidelines implemented under subsection (a) shall provide for special consideration to be given to using civilian employees of the Department of Defense to perform any function that-- ``(1) was performed by a civilian employee of the Department of Defense at any time on or after October 1, 1980; ``(2) is associated with the performance of an inherently governmental function (as that term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note)); ``(3) has been performed by a contractor pursuant to a contract awarded on a non-competitive basis; or ``(4) has been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer. ``(c) Exclusion of Certain Functions From Competitions.--No public-private competition may be required under this chapter for any function of the Department of Defense that-- ``(1) is associated with the performance of an inherently governmental function; ``(2) has been performed by a contractor pursuant to a contract that was awarded on a noncompetitive basis, including a contract awarded without the conduct of a public- private competition under this section; or ``(3) has been performed poorly by a contractor because of excessive costs or inferior quality, as determined by a contracting officer. ``(d) Limitation on Competitions for New and Expanded Functions.--(1) A public-private competition may not be conducted under this section 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 pursuant to the guidelines implemented under subsection (a); ``(C) the expansion of the scope of any Department of Defense function performed by civilian employees of the Department of Defense. ``(2) 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 to facilitate the performance by civilian employees of the Department of Defense of functions described in subsection (b).''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2462 the following new item: ``2463. Guidelines for use of civilian employees to perform Department of Defense functions.''. (3) Deadline for issuance of guidelines.-- (A) Deadline.--The Secretary of Defense shall implement the guidelines required under section 2463 of title 10, United States Code, as added by paragraph (1), by not later than 60 days after the date of the enactment of this Act. (B) Moratorium on competitions until guidelines are implemented.--No study or competition may be begun or announced pursuant to section 2461 of title 10, United States Code, or otherwise pursuant to Office of Management and Budget Circular A-76 relating to the possible conversion to performance by a contractor of any Department of Defense function until the guidelines required under section 2463 of such title, as added by paragraph (1) are implemented. (b) Establishment of Inventory of Work Performed by Contractors.--Section 115a of title 10, United States Code is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; (C) by adding at the end the following new paragraph: ``(3) the estimated manpower requirements of each component of the Department of Defense projected to be met by contractor performance of Department of Defense functions and the estimated funding requirements associated with such contractor performance for the next fiscal year.''. (2) by adding at the end the following new subsection: ``(i) In each report, the Secretary shall include for each military department, combatant command, and major defense organization, a separate report describing contractor performance of Department of Defense functions during the preceding fiscal year. Chapter 35 of title 44 shall not apply to such report. In each such report, the Secretary shall-- ``(1) specify the number of work-year equivalents performed by contractors in performing functions for each Department; ``(2) identify the contracting organization, the component of the Department of Defense administering the contract, and the organization whose requirements are being met through the contractor performance of the function, with an explanation in the event these organizational elements are distinct. ``(3) identify each organization specified under paragraph (2) at the unit level of detail, as maintained in the Department's manpower documentation systems; ``(4) identify the funding source for the contract under which the function is performed by appropriation and operating agency, and the associated funding levels obligated and disbursed for the reported work-year equivalents; ``(5) identify the functions and missions performed by the contractor; ``(6) specify whether the contract for the function was entered into pursuant to a public-private competition; and ``(7) describe the process by which the Department of Defense validates the contractor performance of such functions under section 2463 of this title.''. (c) Conforming Repeal.--The National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended by striking section 343. (d) Inspector General Report.--Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on the implementation of this section and the amendments made by this section. The report shall contain the assessment of the Inspector General of whether-- (1) the guidelines required under section 2463(a) of title 10, United States Code, as added by subsection (a), have been implemented; (2) such guidelines, if developed, conform to the requirements of that section; (3) a contractor inventory has been established pursuant to subsections (a)(3) and (i) of section 115a of such title, as added by subsection (b); (4) functions for which the performance of which the Secretary of Defense has entered into a contract are being reviewed on a regular basis for possible conversion to performance by civilian employees of the Department of Defense; and (5) performance by civilian employees of the Department of Defense is being considered to the maximum extent practicable for all new functions of the Department of Defense. SEC. 327. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORT ON PUBLIC-PRIVATE COMPETITIONS. Paragraph (1) of subsection (b) of section 2462 is amended by adding at the end the following new paragraphs: ``(4) For any function converted to performance by a contractor, the effect of such conversion on the quality of the performance of the function. ``(5) For any function for which a public-private competition is anticipated during any subsequent fiscal year, an assessment of whether any method of business reform or reengineering other than a public-private competition, including a decision to consolidate, restructure, or reengineer an organization, function, or activity covered under section 2475 of this title, could, if implemented in the future, achieve any anticipated or budgeted savings.''. SEC. 328. 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. (c) Suspension and Review of Ongoing Public-Private Competitions.-- (1) Suspension.--During the 90-day period that begins on the date of the enactment of this Act, the Secretary of Defense shall suspend any review or public-private competition pursuant to Office of Management and Budget Circular A-76 that is being carried out on the date of the enactment of this Act. (2) Review.--During the 90-day period described in paragraph (1), the Secretary of Defense shall review each suspended review and public-private competition and shall determine, wholly independently and without regard to direction, guidance, encouragement, or requirement from the Office of Management and Budget, whether to cancel or continue each review or public-private competition. (3) Criteria for continuation.--The Secretary of Defense may not continue a review or public-private competition pursuant to a determination under paragraph (2) unless the official responsible for the performance of the function and the Secretary of the military department concerned or agency head submits to the congressional defense committees a certification that the determination was made wholly independently and without regard to direction, guidance, encouragement, or requirement from the Office of Management and Budget and after considering less costly and controversial alternatives to such review or public-private competition. SEC. 329. 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'-- [[Page H5163]] ``(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.''. (b) 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.''. (c) 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. 330. 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-- [[Page H5164]] ``(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. 331. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES DEMONSTRATION PROJECT. (a) Reauthorization and Expansion.--Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 5013 note) is amended-- (1) in subsection (a)-- (A) by striking ``shall'' and inserting ``may''; and (B) by striking ``three Naval Aviation Depots'' and inserting ``the Air Force Air Logistics Centers and the Navy Fleet Readiness Centers''; (2) in subsection (b), by striking ``a Naval Aviation Depot'' and inserting ``an Air Force Air Logistics Center or Navy Fleet Readiness Center''; (3) by striking subsection (d) and redesignating subsections (e) through (g) as subsections (d) through (f), respectively; (4) in subsection (d), as so redesignated, by striking ``2004 through 2006'' and inserting ``2008 through 2013''; (5) in subsection (e), as so redesignated, by striking ``2007'' and inserting ``2014''; and (6) by amending subsection (f), as so redesignated, to read as follows: ``(f) Annual GAO Report.--By not later than 30 days after the last day of a fiscal year, the Comptroller General shall submit to the congressional defense committees a report on the demonstration project under this section.''. (b) Clerical Amendments.-- (1) Heading.--The heading for such section is amended to read as follows: ``AIR FORCE AIR LOGISTICS CENTER AND NAVY FLEET READINESS CENTER MULTI-TRADES DEMONSTRATION PROJECT''. (2) Table of contents.--The items relating to such section in the table of contents in section 2(b) of such Act and in the table of contents at the beginning of title III of such Act are each amended to read as follows: ``Sec. 338. Air Force Logistics Center and Navy Fleet Readiness Center multi-trades demonstration project.''. Subtitle D--Extension of Program Authorities SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; 10 U.S.C. 4551 note) is amended-- (1) in subsection (a), by striking ``2008'' and inserting ``2010''; and (2) in subsection (g)(1), by striking ``2008'' and inserting ``2010''. SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED IN CONTINGENCY OPERATIONS. (a) Extension.--Section 351 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1857) is amended-- (1) in subsection (a)(3), by inserting before the period at the end the following: ``, or in the case of protective helmet pads purchased by a member from a qualified vendor for that member's personal use, on September 30, 2007''; (2) in subsection (c)-- (A) by inserting after ``Armed Forces'' the following: ``shall comply with regular Department of Defense procedures for the submission of claims and''; and (B) by inserting before the period at the end the following: ``or one year after the date on which the purchase of the protective, safety, or health equipment was made, whichever occurs last''; and (3) in subsection (d), by adding at the end the following new sentence: ``Subsection (a)(1) shall not apply in the case of the purchase of protective helmet pads by or on behalf of a member.''. (b) Funding.--Amounts for reimbursements made under section 351 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 after the date of the enactment of this Act shall be derived from supplemental appropriations for the Department of Defense for fiscal year 2008, contingent upon such appropriations being enacted. Subtitle E--Reports SEC. 351. INCLUSION OF NATIONAL GUARD READINESS FOR CIVIL SUPPORT MISSIONS IN QUARTERLY PERSONNEL AND UNIT READINESS REPORT. (a) Inclusion.--Section 482 of title 10, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (h); (2) by inserting after subsection (e) the following new subsections (f) and (g): ``(f) Readiness of National Guard to Perform Civil Support Missions.--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. ``(g) Availability of National Guard Readiness Information to States.--With respect to the information required to be included in a report under subsection (f) that is relevant to the National Guard of a State, the Secretary of Defense shall make that information available to the Governor of the State.''; and (3) in subsection (a), by striking ``subsections (b), (d), and (e)'' and inserting ``subsections (b), (d), (e), and (f)''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to a report submitted after the date of the enactment of this Act. (c) Report to Congress.--As part of the budget justification materials submitted to Congress in support of the President's budget for fiscal year 2009, the Secretary of Defense shall submit to the congressional defense committees a report on any steps the Secretary has taken to prepare to implement the requirement under subsection (f) of section 482 of title 10, United States Code, as added by subsection (a). The report shall include a description of the Secretary's plans 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 with State Governors. SEC. 352. PLAN TO IMPROVE READINESS OF ACTIVE AND RESERVE COMPONENT GROUND FORCES. (a) Report Required.--At the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report on improving the readiness of the active and reserve components of the ground forces of the United States Armed Forces. Each such report shall include-- (1) a summary of the readiness of each reporting unit of the active and reserve components of the ground forces and a summary of the readiness of each major combat unit of each military department by readiness level, as reflected in the Department of Defense status of resources and training system; (2) an identification of the extent to which the actual readiness ratings of the active and reserve components of the United States Armed Forces have been upgraded based on the judgment of commanders and any efforts of the Secretary of Defense to analyze the trends and implications of such upgrades; (3) the goals of the Secretary of Defense for managing the readiness of the active and reserve components of the ground forces, expressed in terms of the number of units or percentage of the force that the Secretary plans to maintain at each level of readiness, and the Secretary's projected timeframe for achieving each such goal; (4) a prioritized list of items and actions to be accomplished during the fiscal year during which the report is submitted and during the fiscal years covered by the future years defense program that the Secretary of Defense believes are necessary to significantly improve the readiness of the active and reserve components of the ground forces and achieve the goals and timeframes described in paragraph (3); and (5) a detailed investment strategy and plan for each fiscal year covered by the future years defense program under section 221 of title 10, United States Code, that outlines the resources required to improve the readiness of the active and reserve components of the ground forces, including a description of how each resource identified in such plan relates to funding requested by the Secretary in the Secretary's annual budget, and how each such resource will specifically enable the Secretary to achieve the readiness goals described in paragraph (3) within the projected timeframes. (b) Comptroller General Review.--By not later than 60 days after the date on which the report is submitted under subsection (a), the Comptroller General shall review the report and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform the congressional defense committees on issues relating to the readiness of the active and reserve components of the ground forces of the United States Armed Forces. SEC. 353. PLAN FOR OPTIMAL USE OF STRATEGIC PORTS BY COMMANDER OF SURFACE DISTRIBUTION AND DEPLOYMENT COMMAND. By not later than January 30, 2008, the Secretary of Defense shall develop and implement a plan to optimize the use of strategic ports by the Surface Distribution and Deployment Command. Such plan shall-- (1) address cost effectiveness, manning requirements, location, and maximization of utilization of resources for each strategic port; and (2) include-- (A) an analysis of how each Surface Distribution and Deployment Command strategic port is chosen for the worldwide deployment and distribution of Department of Defense supplies, personal property, and personnel; and (B) provisions for consultation with the local port authority for any strategic port at which there is no permanent Surface Distribution and Deployment Command presence. SEC. 354. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY. (a) Independent Assessment Required.--The Secretary of Defense shall provide for an independent assessment of the viability of the Civil Reserve Air Fleet to be conducted by a federally-funded research and development center selected by the Secretary. (b) Contents of Assessment.--The assessment required by subsection (a) shall include each of the following: (1) An assessment of the Civil Reserve Air Fleet as of the date of the enactment of this Act, including an assessment of-- [[Page H5165]] (A) the level of increased use of commercial assets to fulfill Department of Defense transportation requirements as a result of the increased global mobility requirements in response to the terrorist attacks of September 11, 2001; (B) the extent of charter air carrier participation in fulfilling increased Department of Defense transportation requirements as a result of the increased global mobility requirements in response to the terrorist attacks of September 11, 2001; (C) any policy of the Secretary of Defense to limit the percentage of income a single air carrier participating in the Civil Reserve Air Fleet may earn under contracts with the Secretary during any calendar year and the effects of such policy on the air carrier industry in peacetime and during periods during which the armed forces are deployed in support of a contingency operation for which the Civil Reserve Air Fleet is not activated; and (D) any risks to the charter air carrier industry as a result of the expansion of the industry in response to contingency operations resulting in increased demand by the Department of Defense. (2) A strategic assessment of the viability of the Civil Reserve Air Fleet that compares such viability as of the date of the enactment of this Act with the projected viability of the Civil Reserve Air Fleet five, ten, and 15 years after the date of the enactment of this Act, including for activations at each of stages 1, 2, and 3-- (A) an examination of the requirements of the Department of Defense for Civil Reserve Air Fleet for the support of operational and contingency plans, including any anticipated changes in the Department's organic airlift capacity, logistics concepts, and personnel and training requirements; (B) an assessment of air carrier participation in the Civil Reserve Air Fleet; and (C) a comparison between the requirements of the Department needs described in subparagraph (A) and air carrier participation described in subparagraph (B). (3) An examination of any perceived barriers to Civil Reserve Air Fleet viability, including-- (A) the operational planning system of the Civil Reserve Air Fleet; (B) the reward system of the Civil Reserve Air Fleet; (C) the long-term affordability of the Aviation War Risk Insurance Program; (D) the effect on United States air carriers operating overseas routes during periods of Civil Reserve Air Fleet Activation; (E) increased foreign ownership of United States air carriers; (F) increased operational costs during activation as a result of hazardous duty pay, routing delays, and inefficiencies in cargo handling by the Department of Defense; (G) the effect of policy initiatives by the Secretary of Transportation to encourage international code sharing and alliances; and (H) the effect of limitations imposed by the Secretary of Defense to limit commercial shipping options for certain routes and package sizes. (4) Recommendations for improving the Civil Reserve Air Fleet program. (c) Submission to Congress.--Upon the completion of the assessment required under subsection (a) and by not later than April 1, 2008, the Secretary shall submit to the congressional defense committees a report on the assessment. (d) Comptroller General Report.--Not later than 90 days after the report is submitted under subsection (c), the Comptroller General shall conduct a review of the assessment required under subsection (a). SEC. 355. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT. (a) Annual Report Required.--Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2229a. Annual report on prepositioned materiel and equipment ``(a) Annual Report Required.--Not later than the date of the submission of the President's budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the materiel in the prepositioned stocks as of the end of the fiscal year preceding the fiscal year during which the report is submitted. Each report shall be unclassified and may contain a classified annex. Each report shall include the following information: ``(1) The level of fill for major end items of equipment and spare parts in each prepositioned set as of the end of the fiscal year covered by the report. ``(2) The material condition of equipment in the prepositioned stocks as of the end of such fiscal year, rated based on the Department of Defense Status of Resources and Training system and grouped by category or major end item. ``(3) A list of major end items of equipment drawn from the prepositioned stocks during such fiscal year and a description of how that equipment was used and whether it was returned to the stocks after being used. ``(4) A timeline for completely reconstituting any shortfall in the prepositioned stocks. ``(5) An estimate of the amount of funds required to completely reconstitute any shortfall in the prepositioned stocks and a description of the Secretary's plan for carrying out such complete reconstitution. ``(6) A list of any operations plan affected by any shortfall in the prepositioned stocks and a description of any action taken to mitigate any risk that such a shortfall may create. ``(b) Comptroller General Review.--By not later than 60 days after the date on which the report is submitted under subsection (a), the Comptroller General shall review the report and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform the congressional defense on issues relating to the status of the materiel in the prepositioned stocks.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2229a. Annual report on prepositioned materiel and equipment.''. SEC. 356. CONDITIONS ON RELOCATION OF NORTH AMERICAN AEROSPACE DEFENSE COMMAND CENTER AND RELATED FUNCTIONS FROM CHEYENNE MOUNTAIN TO PETERSON AIR FORCE BASE. (a) Submission of Cost-Benefit Analysis and Relocation Plan.--The Secretary of Defense may not commence the relocation of or, if previously commenced, continue the relocation of the North American Aerospace Defense command center and related functions from Cheyenne Mountain to Peterson Air Force Base, Colorado, until after the end of the 180-day period beginning on the date on which the Secretary submits to Congress a report containing-- (1) 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 (2) the final plans for the relocation of the North American Aerospace Defense command center and related functions. (b) Comptroller General Review.--Not later than 60 days after the date on which the Secretary of Defense submits the report required by subsection (a), the Comptroller General shall submit to Congress a review of the report and the final plans of the Secretary for relocation of the North American Aerospace Defense command center and related functions. SEC. 357. REPORT ON PUBLIC-PRIVATE PARTNERSHIPS. (a) Report Required.--Not later than April 1, 2008, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee of Armed Services of the Senate a report regarding public- private partnerships at Centers of Industrial and Technical Excellence designated under section 2474 of title 10, United States Code. (b) Contents of Report.--The report required under paragraph (1) shall include a description of each of the following: (1) Common approaches and procedures for the military departments regarding implementation of public-private partnerships. (2) Consistent cost methodologies and reimbursement guidance applicable to maintenance and repair workload performed by Federal Government personnel. (3) Implementation procedures for completing contract negotiations for public-private partnerships within 12 months. (4) The Secretary's utilization of commercial practices to replace existing inventory and component management, technical publication data, document management, and equipment maintenance, and calibration requirements of the Department of Defense. (5) Delegation of Class 2 Design authority based on commercial practices to maintain the form, fit, and function of a weapon system platform, major end item, component of a major end item, or article. (6) The Secretary's plan to expand Department of Defense core capabilities, as defined in section 2464 of such title. Subtitle F--Other Matters SEC. 361. 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 paragraph (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; and ``(B) for which participation exceeds 100 amateur athletes.''; and (2) by adding at the end the following new subsection: ``(g) Funding for Support of Certain Events.--(1) Amounts for the provision of support for a sporting event described in paragraph (4) or (5) of subsection (c) shall be derived from the Support for International Sporting Competitions, Defense account established by section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), notwithstanding any limitation under that section relating to the availability of funds in such account for the provision of support for international sporting competitions. ``(2) The total amount expended for any fiscal year to provide support for sporting events described in subsection (c)(5) may not exceed $1,000,000.''. (b) Source of Funds.--Section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note) is amended-- (1) by inserting after ``international sporting competitions'' the following: ``and for support of sporting competitions authorized under section 2564(c)(4) and (5), of title 10, United States Code,''; and (2) by striking ``45 days'' and inserting ``15 days''. [[Page H5166]] SEC. 362. REASONABLE RESTRICTIONS ON PAYMENT OF FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE. Section 2636a(d) of title 10, United States Code, is amended by adding at the end the following new sentence: ``The regulations may include a requirement that a member of the armed forces or civilian employee comply with reasonable restrictions prescribed by the Secretary in order to receive the full amount deducted under subsection (b).''. SEC. 363. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES FOR CERTAIN HEALTH CARE SERVICES. (a) Availability of Transportation.--Chapter 157 of title 10, United States Code, is amended by inserting after section 2641a the following new section: ``Sec. 2641b. Space-available travel on Department of Defense aircraft: retired members residing in Commonwealths and possessions of the United States for certain health care services ``(a) Priority Transportation.--The Secretary of Defense shall provide transportation on Department of Defense aircraft on a space-available basis for any member or former member of the uniformed services described in subsection (b), and a single dependent of the member if needed to accompany the member, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 traveling on environmental and morale leave. ``(b) Eligible Members and Former Members.--A member or former member eligible for priority transport under subsection (a) is a covered beneficiary under chapter 55 of this title who-- ``(1) is entitled to retired or retainer pay or, but for age, would be eligible for retired pay under chapter 1223 of this title; ``(2) resides in or is located in a Commonwealth or possession of the United States; and ``(3) is referred by a primary care physician located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession. ``(c) Scope of Priority.--The increased priority for space- available transportation required by subsection (a) applies with respect to both-- ``(1) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and ``(2) the return travel. ``(d) Definitions.--In this section, the term `specialty care provider' has the meaning given that term in section 1074i(b) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641a the following new item: ``2641b. Space-available travel on Department of Defense aircraft: retired members residing in Commonwealths and possessions of the United States for certain health care services.''. SEC. 364. RECOVERY OF MISSING MILITARY PROPERTY. (a) In General.--Chapter 165 of title 10, United States Code, is amended by adding at the end the following new sections: ``Sec. 2788. Property accountability: regulations ``The Secretary of a military department may prescribe regulations for the accounting for the property of that department and the fixing of responsibility for that property. ``Sec. 2789. Individual equipment: unauthorized disposition ``(a) Prohibition.--No member of the armed forces may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other than a member of the armed forces under the jurisdiction of the Secretary of the same military department as the member to which it is furnished, or an officer of the United States who is authorized to receive it. ``(b) Seizure of Improperly Disposed Property.--If a member of the armed forces has disposed of property in violation of subsection (a) and the property is in the possession of a person who is neither a member of the armed forces under the jurisdiction of the Secretary of the same military department as the member who disposed of the property, nor an officer of the United States who is authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize the property, wherever found. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a). ``(c) Delivery of Seized Property.--If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``2788. Property accountability: regulations. ``2789. Individual equipment: unauthorized disposition.''. (c) Conforming Amendments.-- (1) In general.--Such title is further amended by striking the following sections: (A) Section 4832. (B) Section 4836. (C) Section 9832. (D) Section 9836. (2) Clerical amendments.-- (A) Chapter 453.--The table of sections at the beginning of chapter 453 of such title is amended by striking the items relating to sections 4832 and 4836. (B) Chapter 953.--The table of sections at the beginning of chapter 953 of such title is amended by striking the items relating to sections 9832 and 9836. SEC. 365. RETENTION OF ARMY COMBAT UNIFORMS BY MEMBERS OF ARMY DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. (a) Retention of Combat Uniforms.--Chapter 435 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 4566. Retention of Army combat uniforms by members deployed in support of contingency operations ``The Secretary of the Army may authorize a member of the Army who has been deployed in support of a contingency operation for at least 30 days to retain, after that member is no longer so deployed, the exterior articles of uniform that were issued to that member as part of an Army combat uniform.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``4566. Retention of Army combat uniforms by members deployed in support of contingency operations.''. (c) Effective Date.--Section 4566 of title 10, United States Code, as added by subsection (a), shall apply with respect to a member of the Army who completes a deployment on or after October 1, 2007. SEC. 366. ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES. (a) In General.--Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES ``Sec. ``7911. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C. ``7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen. ``7913. Supplies: military instruction camps. ``Sec. 7911. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C ``Under such conditions as he may prescribe, the Secretary of the Navy may issue arms, tentage, and equipment that he considers necessary for proper military training, to any educational institution at which no unit of the Reserve Officers' Training Corps is maintained, but which has a course in military training prescribed by the Secretary and which has at least 50 physically fit students over 14 years of age. ``Sec. 7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen ``(a) Authority To Lend.--The Secretary of the Navy may lend, without expense to the United States, magazine rifles and appendages that are not of the existing service models in use at the time and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of midshipmen of sufficient number for target practice. He may also issue 40 rounds of ball cartridges for each midshipman for each range at which target practice is held, but not more than 120 rounds each year for each midshipman participating in target practice. ``(b) Responsibilities of Institutions.--The institutions to which property is lent under subsection (a) shall-- ``(1) use the property for target practice; ``(2) take proper care of the property; and ``(3) return the property when required. ``(c) Regulations.--The Secretary shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States. ``Sec. 7913. Supplies: military instruction camps ``Under such conditions as he may prescribe, the Secretary of the Navy may issue, to any educational institution at which an officer of the naval service is detailed as professor of naval science, such supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and except for property properly expended, for its return when required.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 665 the following new item: ``667. Issue of Serviceable Material Other Than to Armed Force 7910.''. SEC. 367. PROHIBITION ON DEACTIVATION OF 36TH RESCUE FLIGHT. The Secretary of Defense shall ensure that no action is taken to deactivate the Air Force unit known as the 36th Rescue Flight that is assigned to Fairchild Air Force Base in Spokane, Washington, or to reassign or reorganize any of the search and rescue capabilities of that unit. SEC. 368. LIMITATION ON EXPENDITURE OF FUNDS FOR INITIAL FLIGHT SCREENING AT PUEBLO MEMORIAL AIRPORT. Of the amounts authorized to be appropriated for initial flight screening at Pueblo Memorial Airport, not more than 50 percent shall be expended until the Secretary of the Air Force submits to the congressional defense committees a [[Page H5167]] certification that the Secretary has developed a plan, together with the City of Pueblo, Colorado, to meet Air Force crash, fire, and rescue requirements to support Air Force flight operations at Pueblo Memorial Airport. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent active duty end strength minimum levels. Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2009 and 2010. Sec. 404. Increase in authorized strengths for Army officers on active duty in the grade of major. Sec. 405. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain. Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty to provide operational support. Sec. 417. Revision of variances authorized for Selected Reserve end strengths. Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. Sec. 422. Armed Forces Retirement Home. Sec. 423. Offsetting transfers from National Defense Stockpile Transaction Fund. Subtitle A--Active Forces SEC. 401. END STRENGTHS FOR ACTIVE FORCES. (a) In General.--The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows: (1) The Army, 525,400. (2) The Navy, 329,098. (3) The Marine Corps, 189,000. (4) The Air Force, 329,651. (b) Limitation.-- (1) Army.--The authorized strength for the Army provided in paragraph (1) of subsection (a) for active duty personnel for fiscal year 2008 is subject to the condition that costs of active duty personnel of the Army for that fiscal year in excess of 489,400 shall be paid out of funds authorized to be appropriated for that fiscal year by section 1514. (2) Marine corps.--The authorized strength for the Marine Corps provided in paragraph (3) of subsection (a) for active duty personnel for fiscal year 2008 is subject to the condition that costs of active duty personnel of the Marine Corps for that fiscal year in excess of 180,000 shall be paid out of funds authorized to be appropriated for that fiscal year by section 1514. SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs: ``(1) For the Army, 525,400. ``(2) For the Navy, 329,098. ``(3) For the Marine Corps, 189,000. ``(4) For the Air Force, 329,563.''. SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010. (a) Authority to Increase Army Active Duty End Strengths.-- For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active- duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 22,000. (b) Marine Corps.--For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active-duty end strength for the Marine Corps at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 13,000. (c) Purpose of Increases.--The purposes for which increases may be made in Army and Marine Corps active duty end strengths under this section are-- (1) to support operational missions; and (2) to achieve transformational reorganization objectives, including objectives for increased numbers of combat brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and reserve component forces. (d) Relationship to Presidential Waiver Authority.--Nothing in this section shall be construed to limit the President's authority under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency. (e) Relationship to Other Variance Authority.--The authority under this section is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code. (f) Budget Treatment.-- (1) Fiscal years 2009 and 2010 budgets.--The budget for the Department of Defense for fiscal years 2009 and 2010 as submitted to Congress shall comply, with respect to funding, with subsections (c) and (d) of section 691 of title 10, United States Code. (2) Other increases.--If the Secretary of Defense plans to increase the Army or Marine Corps active duty end strength for a fiscal year under this section, then the budget for the Department of Defense for that fiscal year as submitted to Congress shall include the amounts necessary for funding that active duty end strength in excess of the fiscal year 2008 active duty end strength authorized for that service under section 401. (g) Definitions.--In this section: (1) Fiscal-year 2008 baseline.--The term ``fiscal-year 2008 baseline'', with respect to the Army and Marine Corps, means the active-duty end strength authorized for those services in section 401. (2) Active-duty end strength.--In this subsection, the term ``active-duty end strength'' means the strength for active- duty personnel of one of the Armed Forces as of the last day of a fiscal year. (h) Repeal of Other Discretionary Authority to Temporarily Increase Army and Marine Corps Active Duty End Strengths.-- (1) Base law.--Section 403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 115 note) is repealed. (2) Delayed amendment.--Section 403 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2169) is repealed. SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR. The portion of the table in section 523(a)(1) of title 10, United States Code, relating to the Army is amended to read as follows: ------------------------------------------------------------------------ Number of officers who may be serving Total number of commissioned on active duty in grade of: officers (excluding officers in -------------------------------------- categories specified in Lieutenant subsection (b)) on active duty Major Colonel Colonel ------------------------------------------------------------------------ Army: 20,000........................... 7,768 5,253 1,613 25,000........................... 8,689 5,642 1,796 30,000........................... 9,611 6,030 1,980 35,000........................... 10,532 6,419 2,163 40,000........................... 11,454 6,807 2,347 45,000........................... 12,375 7,196 2,530 50,000........................... 13,297 7,584 2,713 55,000........................... 14,218 7,973 2,897 60,000........................... 15,140 8,361 3,080 65,000........................... 16,061 8,750 3,264 70,000........................... 16,983 9,138 3,447 75,000........................... 17,903 9,527 3,631 80,000........................... 18,825 9,915 3,814 85,000........................... 19,746 10,304 3,997 90,000........................... 20,668 10,692 4,181 95,000........................... 21,589 11,081 4,364 100,000.......................... 22,511 11,469 4,548 110,000.......................... 24,354 12,246 4,915 120,000.......................... 26,197 13,023 5,281 130,000.......................... 28,040 13,800 5,648 170,000.......................... 35,412 16,908 7,116''. ------------------------------------------------------------------ [[Page H5168]] SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN. The table in section 523(a)(2) of title 10, United States Code, is amended to read as follows: ------------------------------------------------------------------------ Number of officers who may be serving Total number of commissioned on active duty in grade of: officers (excluding officers in -------------------------------------- categories specified in Lieutenant subsection (b)) on active duty Commander Commander Captain ------------------------------------------------------------------------ Navy: 30,000........................... 7,698 5,269 2,222 33,000........................... 8,189 5,501 2,334 36,000........................... 8,680 5,733 2,447 39,000........................... 9,172 5,965 2,559 42,000........................... 9,663 6,197 2,671 45,000........................... 10,155 6,429 2,784 48,000........................... 10,646 6,660 2,896 51,000........................... 11,136 6,889 3,007 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 69,000........................... 14,245 8,352 3,718 72,000........................... 17,517 9,890 4,467''. ------------------------------------------------------------------------ Subtitle B--Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE. (a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows: (1) The Army National Guard of the United States, 351,300. (2) The Army Reserve, 205,000. (3) The Navy Reserve, 67,800. (4) The Marine Corps Reserve, 39,600. (5) The Air National Guard of the United States, 106,700. (6) The Air Force Reserve, 67,500. (7) The Coast Guard Reserve, 10,000. (b) End Strength Reductions.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by-- (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End Strength Increases.--Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 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, 29,240. (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, 13,944. (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. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY TO PROVIDE OPERATIONAL SUPPORT. (a) Review of Operational Support Missions Performed by Certain Reserve Component Personnel.-- (1) Review required.--The Secretary of Defense shall conduct a review of the long-term operational support missions performed by members of the reserve components authorized under section 115(b) of title 10 United States Code to be on active duty or full-time National Guard duty for the purpose of providing operational support, with the objectives of such review being-- (A) minimizing the number of reserve component members who perform such service for a period greater than 1095 consecutive days, or cumulatively for 1095 days out of the previous 1460 days; and (B) determining which long-term operational support missions being performed by such members would more appropriately be performed by members of the Armed Forces on active duty under other provisions of title 10, United States Code, or by full-time support personnel of reserve components. (2) Submission of results.--Not later than March 1, 2008, the Secretary shall submit to Congress the results of the review, including a description of the adjustments in Department of Defense policy to be implemented as a result of the review and such recommendations for changes in statute, as the Secretary considers to be appropriate. (b) Improved Accounting for Reserve Component Personnel Providing Operational Support.--Section 115(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(4) As part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the end strength authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following: ``(A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National Guard duty for operational support beyond each of the limits specified under subparagraphs (A) and (B) of paragraph (2) at the end of the fiscal year preceding the fiscal year for which the budget justification materials are submitted. ``(B) The number of members, specified by reserve component, on active duty for operational support who, at the end of the fiscal year for [[Page H5169]] which the budget justification materials are submitted, are projected to be serving on active duty or full-time National Guard duty for operational support beyond such limits. ``(C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the end strength authorizations requested under subparagraphs (A) and (B) of subsection (a)(1). ``(D) A summary of the missions being performed by members identified under subparagraphs (A) and (B).''. SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END STRENGTHS. Section 115(f)(3) of title 10, United States Code, is amended by striking ``2 percent'' and inserting ``3 percent''. Subtitle C--Authorization of Appropriations SEC. 421. MILITARY PERSONNEL. There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2008 a total of $115,439,889,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2008. SEC. 422. ARMED FORCES RETIREMENT HOME. There is authorized to be appropriated for fiscal year 2008 from the Armed Forces Retirement Home Trust Fund the sum of $61,624,000 for the operation of the Armed Forces Retirement Home. SEC. 423. OFFSETTING TRANSFERS FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall transfer $150,000,000 from the unobligated balances of the National Defense Stockpile Transaction Fund to the Miscellaneous Receipts Fund of the United States Treasury to offset estimated costs arising from section 702 and the amendments made by such section. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy Sec. 501. Assignment of officers to designated positions of importance and responsibility. Sec. 502. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. Sec. 503. Special promotion authority for Navy career military professors. Subtitle B--Reserve Component Matters Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. Sec. 512. Constructive service credit upon original appointment of reserve officers in certain health care professions. Sec. 513. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air Force Reserve officer. Sec. 514. Military technicians (dual status) in the Selected Reserve. Sec. 515. Working group on reintegration of reserve component members returning from deployment. Sec. 516. National Guard yellow ribbon reintegration program. Sec. 517. Advance notice to members of reserve components of deployment in support of contingency operations. Subtitle C--Education and Training Sec. 521. Reduction or elimination of service obligation in an Army Reserve or Army National Guard troop program unit for certain persons selected as medical students at Uniformed Services University of the Health Sciences. Sec. 522. Increase in annual limit on number of ROTC scholarships under Army Reserve and Army National Guard program. Sec. 523. Revisions to authority to pay tuition for off-duty training or education. Sec. 524. National Defense University master's degree programs. Sec. 525. Recodification in title 38, United States Code, of certain educational assistance programs for members of the reserve components. Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational institutions. Sec. 527. Navy Junior Reserve Officers' Training Corps unit for Southold, Mattituck, and Greenport high schools. Subtitle D--General Service Authorities Sec. 531. Authority to reduce required service obligation for initial appointment of qualified health professionals as officers in critical specialties. Sec. 532. Reenlistment in former enlisted grade after service as an officer. Subtitle E--Military Justice and Legal Assistance Matters Sec. 541. Authority to designate certain civilian employees of the Federal Government as eligible for legal assistance from Department of Defense legal staff resources. Subtitle F--Decorations and Awards Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. Sabo, Jr., for acts of valor during the Vietnam War. Sec. 552. Authorization and request for award of Medal of Honor to Henry Svehla for acts of valor during the Korean War. Sec. 553. Authorization and request for award of Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War. Sec. 554. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor during the Civil War. Sec. 555. Authorization and request for award of Medal of Honor to Private George D. Wilson for acts of valor as one of Andrews Raiders during the Civil War. Sec. 556. Cold War Victory Medal. Subtitle G--Impact Aid and Defense Dependents Education System Sec. 561. Tuition assistance for military dependents in overseas areas where schools operated by Defense Dependents' Education System are not reasonably available. Sec. 562. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Subtitle H--Other Matters Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit members of the Armed Forces, dependents, and civilian employees of the Department of Defense. Sec. 572. Uniform performance policies for military bands and other musical units. Sec. 573. Repeal of limitation on number of academies of Department of Defense STARBASE Program in a single State. Sec. 574. Combat veterans mentoring program for current members of the Armed Forces. Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the Armed Forces during and following World War II. Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. Subtitle A--Officer Personnel Policy SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE AND RESPONSIBILITY. (a) Continuation in Grade While Awaiting Orders.--Section 601(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following new paragraph: ``(4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer is relieved from the position, unless, during such period, the officer is placed under orders to another position designated under subsection (a) or by law to carry one of those grades, in which case paragraph (2) will also apply to the officer.''. (b) Conforming Amendment Regarding General and Flag Officer Ceilings.--Section 525(e) of such title is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) At the discretion of the Secretary of Defense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.''. SEC. 502. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF FORCE SHAPING AUTHORITY. (a) Active-Duty List Officers.-- (1) Extended probationary period.--Paragraph (1)(A) of section 630 of title 10, United States Code, is amended by striking ``five years'' and inserting ``six years''. (2) Section heading.--The heading of such section is amended by striking ``five years'' and inserting ``six years''. (3) Table of sections.--The item relating to such section in the table of sections at the beginning of subchapter III of chapter 36 of such title is amended to read as follows: ``630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade).''. (b) Officer Force Shaping Authority.--Section 647(b)(1) of such title is amended by striking ``5 years'' both places it appears and inserting ``six years''. (c) Reserve Officers.-- (1) Extended probationary period.--Subsection (a)(1)(A) of section 14503 of such title is amended by striking ``five years'' and inserting ``six years''. (2) Section heading.--The heading of such section is amended by striking ``five years'' and inserting ``six years''. (3) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 1407 of such title is amended to read as follows: ``14503. Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade).''. [[Page H5170]] SEC. 503. SPECIAL PROMOTION AUTHORITY FOR NAVY CAREER MILITARY PROFESSORS. (a) Removal From Chapter 36 Promotion Process.--Paragraph (2) of section 641 of title 10, United States Code, is amended to read as follows: ``(2) The director of admissions, dean, and permanent professors at the United States Military Academy, the registrar, dean, and permanent professors at the United States Air Force Academy, and permanent professors at the United States Naval Academy.''. (b) Establishment of Special Promotion Process.--Chapter 603 of such title is amended by inserting after section 6970 the following new section: ``Sec. 6970a. Permanent professors: promotion ``(a) Promotion Authority.--An officer of the Navy or Marine Corps serving as a permanent professor at the Naval Academy in the grade of commander or lieutenant colonel may be recommended for promotion to the grade of captain or colonel, as the case may be. ``(b) Eligibility for Promotion.--An officer described in subsection (a) is not eligible for promotion under this section until after the date on which the officer completes six years of service as a permanent professor or career military professor. ``(c) Actual Promotion.--The promotion of an officer recommended for promotion under this section is subject to appointment of the officer to the higher grade by the President, by and with the advice and consent of the Senate.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6970 the following new item: ``6970a. Permanent professors: promotion.''. Subtitle B--Reserve Component Matters SEC. 511. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION OF 38 YEARS OF COMMISSIONED SERVICE. (a) Mandatory Separation.--Section 14508 of title 10, United States Code, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.--Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall, 30 days after completion of 38 years of commissioned service, be separated in accordance with section 14514 of this title.''. (b) Clerical Amendments.--Such section is further amended-- (1) in subsection (a), by inserting ``for Brigadier Generals and Rear Admirals (Lower Half)'' after ``Grade'' in the subsection heading; and (2) in subsection (b), by inserting ``for Major Generals and Rear Admirals'' after ``Grade'' in the subsection heading. SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF RESERVE OFFICERS IN CERTAIN HEALTH CARE PROFESSIONS. (a) Inclusion of Additional Health Care Professions.-- Paragraph (2) of section 12207(b) of title 10, United States Code, is amended to read as follows: ``(2)(A) If the Secretary of Defense determines that the number of officers in a health profession described in subparagraph (B) who are serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed in such health profession by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment as an officer for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under paragraph (1)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant. ``(B) The types of health professions referred to in subparagraph (A) include the following: ``(i) Any health profession performed by officers in the Medical Corps of the Army or the Navy or by officers of the Air Force designated as a medical officer. ``(ii) Any health profession performed by officers in the Dental Corps of the Army or the Navy or by officers of the Air Force designated as a dental officer. ``(iii) Any health profession performed by officers in the Medical Service Corps of the Army or the Navy or by officers of the Air Force designated as a medical service officer or biomedical sciences officer. ``(iv) Any health profession performed by officers in the Army Medical Specialist Corps. ``(v) Any health profession performed by officers of the Nurse Corps of the Army or the Navy or by officers of the Air Force designated as a nurse. ``(vi) Any health profession performed by officers in the Veterinary Corps of the Army or by officers designated as a veterinary officer.''. (b) Conforming Amendment.--Paragraph (3) of such section is amended by striking ``a medical or dental officer'' and inserting ``officers covered by paragraph (2)''. SEC. 513. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF PERSON AS ARMY NATIONAL GUARD OFFICER OR AIR FORCE RESERVE OFFICER. Section 308(a) of title 32, United States Code, is amended in the last sentence by striking ``six months'' and inserting ``one year''. SEC. 514. MILITARY TECHNICIANS (DUAL STATUS) IN THE SELECTED RESERVE. (a) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.--Section 10216 of title 10, United States Code, is amended by inserting after subsection (f) the following new subsection: ``(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.--(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as-- ``(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; and ``(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons. ``(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age. ``(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.''. (b) Temporary Employment Authority.--Subsection (a) of such section is amended by adding at the end the following new paragraph: ``(4) The secretary of a military department may temporarily waive the requirements of subsection (a)(1)(B) in order to fill a military technician (dual status) position while that position is vacant as a result of the mobilization of the technician normally assigned to that position under a call to active duty for a period of more than 30 days under section 12301, 12302, or 12304 of this title in support of a contingency operation. In no case may the waiver authority be used in connection with any position for more than two years. The Secretary of Defense shall prescribe regulations to carry out this paragraph.''. (c) Deferral of Mandatory Separation.--Subsection (f) of such section is amended-- (1) by striking ``The Secretary of the Army'' and inserting ``(1) The Secretary of the Army and the Secretary of the Air Force''; (2) by striking ``the military technician (dual status) reaches age 60 and attains eligibility for an unreduced annuity (as defined in section 10218(c) of this title).'' and inserting the following: ``the military technician (dual status)-- ``(A) reaches age 60 and attains eligibility for an unreduced annuity; or ``(B) attains eligibility for an unreduced annuity after age 60, but in no case may the separation be deferred for more than 30 days after the person reaches age 62.''; and (3) by adding at the end the following new paragraph: ``(2) For purposes of this subsection, the determination of whether a technician is eligible for an unreduced annuity shall be made in the manner provided by section 10218(d) of this title.''. SEC. 515. WORKING GROUP ON REINTEGRATION OF RESERVE COMPONENT MEMBERS RETURNING FROM DEPLOYMENT. (a) Working Group Required.--The Secretary of Defense shall establish within the Department of Defense a working group to identify and assess the reintegration needs of members of the reserve components who return from overseas operational deployment. (b) Members.--The working group shall consist of 16 members, to be appointed by the Secretary of Defense. The Secretary shall attempt to achieve a balance of members on the working group from, at a minimum, the following: (1) The Department of Defense. (2) The Department of Veterans Affairs. (3) One member each from the Army National Guard of the United States, the Army Reserve, the Navy Reserve, the Marine Corps Reserve, the Air National Guard of the United States, and the Air Force Reserve. (4) At least one dependent of a member of the Army National Guard or Air National Guard who has been deployed overseas. (5) At least one dependent of a member of the Army Reserve, Navy Reserve, Marine Corps Reserve, or Air Force Reserve who has been deployed overseas. (6) One State adjutant general. (7) Representatives of other Federal agencies and non- Federal members, as considered appropriate by the Secretary. (c) Responsibilities.--The working group shall-- (1) identify and assess the needs of members of the reserve components returning from deployment in making the transition to civilian life, including members who have experienced multiple recent deployments and members who have been wounded or injured during deployment, and identify and assess the needs of the families of such members; (2) develop recommendations on means of improving assistance to such members in meeting the needs identified in paragraph (1) on their return from deployment and in meeting the need of their families identified in paragraph (1); and (3) assess the current transition and reintegration programs employed by the reserve components for members and their families following redeployment. (d) Elements of Assessment.--The assessment required by subsection (c)(3) shall include-- (1) a comparison of existing reintegration programs by service, State, or command; (2) an analysis of participation of other Federal agencies in current programs; [[Page H5171]] (3) the costs associated with different programs; (4) identification of best practices from existing programs; and (5) a recommended plan for incorporating the best practices into current reserve component demobilization activities. (e) Consultation.--In carrying out its responsibilities under subsection (c), the working group shall consult with the following: (1) Representatives of organizations that assist wounded or injured members of the reserve components. (2) Representatives of organizations that assist family members of members of the reserve components. (3) Representatives of such other public or private organizations and entities as the working group considers appropriate. (f) Report.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the working group shall submit to the Secretary of Defense and Congress a report on its activities under subsection (c). (2) Elements.--The report shall include the following: (A) The results of the identifications and assessments required under subsection (c). (B) The recommendations developed under subsection (c)(2), including recommendations regarding the following: (i) The provision of outreach and assistance to members of the reserve components returning from deployment and the provision of outreach and assistance to their families. (ii) The improvement of collaboration between the public and private sectors in order to ensure the successful transition of such members and their families upon the return of such members from deployment. (3) Availability to public.--The Secretary shall take appropriate actions to make the report available to the public, including through the internet web site of the Department of Defense. SEC. 516. NATIONAL GUARD YELLOW RIBBON REINTEGRATION PROGRAM. (a) Establishment.--The Secretary of Defense, in coordination with the Chief of the National Guard Bureau, shall establish a national combat veteran reintegration program to provide National Guard 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. The Secretary may also use funds made available to carry out this section to support reintegration programs for members of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve and their families. (b) Purpose.--The Yellow Ribbon Reintegration Program shall consist of informational events and activities for reserve component members, their families, and community members through the four phases of the deployment cycle: (1) Pre-deployment. (2) Deployment. (3) Demobilization. (4) Post-deployment-reconstitution. (c) Consultation.--The National Guard Bureau Chief shall consult with the following parties during establishment of the program: (1) The Adjutant General of the Minnesota National Guard and officials associated with the State's ``Beyond the Yellow Ribbon'' Reintegration Program, the Adjutant General of New Hampshire, the Adjutant General of Oregon, and the Adjutant General of Washington. (2) Adjutants General of the remaining States and territories. (d) Organization.-- (1) Executive agent.--The Secretary shall designate the National Guard Bureau 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 National Guard Bureau shall establish the Office for Reintegration Programs within the National Guard Bureau Joint Staff. This office shall administer all reintegration programs in coordination with State National Guard organizations. The office shall be responsible for coordination with existing National Guard family and support programs. The Directors of the Army National Guard and Air National Guard may appoint liaison officers to work with the permanent office staff. The office shall closely coordinate with the Army National Guard and Air National Guard Directorates for Manpower and Personnel with respect to existing family support structure, mobilization schedules, training schedules, training plans and programs, and any other personnel issues. (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 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 organizations. Representatives from State National Guard organizations with successful reintegration programs may augment the Office staff. (3) Advisory board.-- (A) Appointment.--The Chief of the National Guard Bureau 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, 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, the Director of the National Guard Bureau Manpower and Personnel Directorate (J-1), and any other Department of Defense, Federal Government agency, or outside organization as determined by the Chief of the National Guard Bureau. 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 Chief of the National Guard Bureau. (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 organizations; (ii) an assessment of any unmet resource requirements; (iii) an assessment of the reintegration program's further inclusion of other reserve component members and the necessity for further expansion to incorporate all the reserve components; and (iv) recommendations regarding closer coordination between the Office of Reintegration Programs and State National Guard organizations. (D) Annual reports.--The advisory board shall submit annual reports to the Committees on Armed Services of the Senate and House of Representatives following the initial report by the first week in March of subsequent years following the initial report. (4) State deployment cycle support teams.--The Office for Reintegration Programs shall employ personnel to administer the Yellow Ribbon Reintegration Program at the State level. The Chief of the National Guard Bureau shall assign State Deployment Cycle Support Team members based on State need, geographical dispersion, and military population. The Office for Reintegration Programs is encouraged to employ wounded service members and returning combat veterans whenever possible. The primary function of team members shall be-- (A) developing and managing the reintegration curriculum; (B) contracting and recruiting for necessary service providers; and (C) ensuring that providers' skills adapt to the unique military nature of the reintegration program. (e) 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 organizations. The Office of Reintegration Programs shall consult with affected State National Guard 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 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 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 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 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 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 organizations shall hold reintegration activities at the 30-day, 60-day, and 90-day interval following demobilization. These activities shall focus on [[Page H5172]] 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 interval. (D) Monthly individual reintegration program.--The Office for Reintegration Programs, in coordination with State National Guard 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. 517. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT IN SUPPORT OF CONTINGENCY OPERATIONS. (a) Advance Notice Required.--The Secretary of Defense shall ensure that a member of a reserve component who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) receives notice in advance of the mobilization date. At a minimum the notice shall be provided not less than 30 days before the mobilization date, but with a goal of 90 days before the mobilization date. (b) Reduction or Waiver of Notice Requirement.--The Secretary of Defense may waive the requirement of subsection (a), or authorize shorter notice than the minimum specified in such subsection, during a war or national emergency declared by the President or Congress or to meet mission requirements. If the waiver or reduction is made on account of mission requirements, the Secretary shall submit to Congress a report detailing the reasons for the waiver or reduction and the mission requirements at issue. Subtitle C--Education and Training SEC. 521. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT FOR CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. Paragraph (3) of section 2107a(b) of title 10, United States Code, is amended to read as follows: ``(3)(A) Subject to subparagraph (C), in the case of a person described in subparagraph (B), the Secretary may, at any time and with the consent of the person, modify an agreement described in paragraph (1)(F) submitted by the person for the purpose of reducing or eliminating the troop program unit service obligation specified in the agreement and to establish, in lieu of that obligation, an active duty service obligation. ``(B) Subparagraph (A) applies with respect to the following persons: ``(i) A cadet under this section at a military junior college. ``(ii) A cadet or former cadet under this section who is selected under section 2114 of this title to be a medical student at the Uniformed Services University of the Health Sciences. ``(iii) A cadet or former cadet under this section who signs an agreement under section 2122 of this title for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program. ``(C) The modification of an agreement described in paragraph (1)(F) may be made only if the Secretary determines that it is in the best interests of the United States to do so.''. SEC. 522. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY NATIONAL GUARD PROGRAM. Subsection (h) of section 2107a of title 10, United States Code, is amended by striking ``416'' and inserting ``424''. SEC. 523. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING OR EDUCATION. (a) Inclusion of Coast Guard.--Section 2007(a) of title 10, United States Code, is amended by striking ``Subject to subsection (b), the Secretary of a military department'' and inserting ``Subject to subsections (b) and (c), the Secretary concerned''. (b) Commissioned Officers on Active Duty.--Section 2007(b) of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting after ``commissioned officer on active duty'' the following: ``(other than a member of the Ready Reserve)''; (B) by striking ``the Secretary of the military department concerned'' and inserting ``the Secretary concerned''; and (C) by striking ``or full-time National Guard duty'' both places it appears; and (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``the Secretary of the military department'' and inserting ``the Secretary concerned''; (B) in subparagraph (B), by inserting after ``active duty service'' the following: ``for which the officer was ordered to active duty''; and (C) in subparagraph (C), by striking ``Secretary'' and inserting ``Secretary concerned''. (c) Authority to Pay Tuition Assistance to Members of the Ready Reserve.--Section 2007(c) of title 10, United States Code, is amended to read as follows: ``(c) In the case of a member of the Ready Reserve, the following provisions apply: ``(1) If the member is an officer of the Selected Reserve, or of the Ready Reserve but not of the Selected Reserve, the Secretary concerned may not pay charges under subsection (a) unless the officer agrees to remain a member of the Selected Reserve or of the Ready Reserve (as applicable) for at least four years after completion of the education or training for which the charges are paid. ``(2) If the member is an enlisted member in the Selected Reserve, or in the Ready Reserve but not in the Selected Reserve, the Secretary concerned may order the member to serve, after completion of the education or training for which the charges are paid, in the Selected Reserve or in the Ready Reserve (as applicable) for such period of time as the Secretary concerned prescribes, but not for more than four years. ``(3) In addition, if the member is a member of the Individual Ready Reserve, the Secretary concerned may not pay charges under subsection (a) unless the Secretary concerned, based upon the needs of the service and the military skills or specialties of the member, selects the member for participation under this section. The Secretary concerned shall designate the military skills or specialties of members to be eligible for selection under this section.''. (d) Conforming Amendment.--Section 2007 of title 10, United States Code, is further amended-- (1) by striking subsection (d); and (2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (e) Repayment.--Subsection (e) of such section, as so redesignated by subsection (d), is amended-- (1) by striking ``an officer'' and inserting ``a member''; (2) by striking ``subsection (b)'' and inserting ``this section''; (3) by striking ``of active duty''; and (4) by striking ``the officer'' and inserting ``the member''. (f) Regulations.--Such section is further amended by adding at the end the following new subsection: ``(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security.''. SEC. 524. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS. (a) In General.--Section 2163 of title 10, United States Code, is amended-- (1) by striking the heading and inserting the following: ``Sec. 2163. National Defense University: master's degree programs''; (2) in subsection (a), by inserting after ``master of science'' the following: ``or master of arts''; and (3) in subsection (b), by adding at the end the following new paragraph: ``(4) Master of arts in strategic security studies.--The degree of master of arts in strategic security studies, to graduates of the University who fulfill the requirements of the program at the School for National Security Executive Education.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item: ``2163. National Defense University: master's degree programs.''. (c) Applicability to 2006-2007 Graduates.--Paragraph (4) of section 2163(b) of title 10, United States Code (as added by subsection (a) of this section), applies to any person who becomes a graduate on or after September 6, 2006. SEC. 525. RECODIFICATION IN TITLE 38, UNITED STATES CODE, OF CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE COMPONENTS. (a) In General.--Part III of title 38, United States Code, is amended by inserting after chapter 32 the following new chapter: ``CHAPTER 33--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE RESERVE COMPONENTS ``subchapter i--members of the selected reserve ``Sec. ``3301. Educational assistance program: establishment; amount. ``3302. Eligibility for educational assistance. ``3303. Time limitation for use of entitlement. ``3304. Termination of assistance. ``3305. Failure to participate satisfactorily; penalties. ``3306. Administration of program ``3307. Reports to Congress. ``subchapter ii--reserve component members supporting contingency operations and certain other operations ``3321. Purpose. ``3322. Educational assistance program. ``3323. Eligibility for educational assistance. ``3324. Time limitation for use of entitlement. ``3325. Termination of assistance. ``3326. Administration of program. ``SUBCHAPTER I--MEMBERS OF THE SELECTED RESERVE ``Sec. 3301. Educational assistance program: establishment; amount ``(a) Establishment.--To encourage membership in units of the Selected Reserve of the Ready Reserve, the Secretary of Veterans Affairs, shall establish and maintain a program to provide educational assistance to members of the Selected Reserve of the Ready Reserve of the Armed Forces. The Secretary of each military department shall, under regulations prescribed [[Page H5173]] by the Secretary of Defense, provide to individuals who meet the eligibility requirements under section 3302 of this title the opportunity to receive educational assistance under this subchapter and shall maintain a program to increase the rate of educational assistance under this subchapter in accordance with subsection (i). ``(b) Amount of Payment.--(1) Each educational assistance program established under subsection (a) shall provide for payment by the Secretary of Veterans Affairs of an educational assistance allowance to each person entitled to educational assistance under this subchapter who is pursuing a program of education. Except as provided in subsections (d) through (f), the educational assistance allowance shall be paid at the rates in effect under the former chapter 1606 of title 10, as in effect immediately before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, as increased under paragraph (3). ``(2) For each month of less than half-time pursuit of a program of education, educational assistance under this subchapter shall be paid at a rate of 25 percent of the amount payable for a month of full-time pursuit of a program of education, except that no payment may be made to a person for less than half-time pursuit if tuition assistance is otherwise available to the person for such pursuit from the military department concerned. ``(3) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rates payable under subparagraphs (A), (B), and (C) of paragraph (1) equal to the percentage by which-- ``(A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A). ``(c) Approved Programs of Education; Maximum Months of Assistance.--(1) Educational assistance may be provided under this subchapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of this title. ``(2) Subject to section 3695 of this title, the maximum number of months of educational assistance that may be provided to any person under this subchapter is 36 (or the equivalent thereof in part-time educational assistance). ``(3)(A) Notwithstanding any other provision of this subchapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not-- ``(i) be charged against the entitlement of any individual under this subchapter; or ``(ii) be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance. ``(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to the individual for pursuit of a course or courses under this subchapter if the Secretary of Veterans Affairs finds that the individual-- ``(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and ``(ii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individual's course pursuit. ``(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii). ``(d) Programs of Apprenticeship.--(1) Except as provided in paragraph (2), the amount of the monthly educational assistance allowance payable to a person pursuing a full-time program of apprenticeship or other on-the-job training under this subchapter is-- ``(A) for each of the first six months of the person's pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such person under this subchapter; ``(B) for each of the second six months of the person's pursuit of such program, 55 percent of such monthly educational assistance allowance; and ``(C) for each of the months following the first 12 months of the person's pursuit of such program, 35 percent of such monthly educational assistance allowance. ``(2) In any month in which any person pursuing a program of education consisting of a program of apprenticeship or other on-the-job training fails to complete 120 hours of training, the amount of the monthly educational assistance allowance payable under this subchapter to the person shall be limited to the same proportion of the applicable full-time rate as the number of hours worked during such month, rounded to the nearest 8 hours, bears to 120 hours. ``(3)(A) Except as provided in subparagraph (B), for each month that such person is paid a monthly educational assistance allowance under this subchapter, the person's entitlement under this subchapter shall be charged at the rate of-- ``(i) 75 percent of a month in the case of payments made in accordance with paragraph (1)(A); ``(ii) 55 percent of a month in the case of payments made in accordance with paragraph (1)(B); and ``(iii) 35 percent of a month in the case of payments made in accordance with paragraph (1)(C). ``(B) Any such charge to the entitlement shall be reduced proportionately in accordance with the reduction in payment under paragraph (2). ``(e) Correspondence Courses.--(1)(A) The amount of the educational assistance allowance payable under this subchapter to a person who enters into an agreement to pursue, and is pursuing, a program of education exclusively by correspondence is an amount equal to 55 percent of the established charge which the institution requires nonveterans to pay for the course or courses pursued by such person. ``(B) For purposes of subparagraph (A), the term `established charge' means the lesser of-- ``(i) the charge for the course or courses determined on the basis of the lowest extended time payment plan offered by the institution and approved by the appropriate State approving agency; or ``(ii) the actual charge to the person for such course or courses. ``(C) Such allowance shall be paid quarterly on a pro rata basis for the lessons completed by the person and serviced by the institution. ``(2) In each case in which the amount of educational assistance is determined under paragraph (1), the period of entitlement of the person concerned shall be charged with one month for each amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned which is paid to the individual as an educational assistance allowance. ``(f) Flight Training.--(1) The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of this title) by an individual entitled to educational assistance under this subchapter if-- ``(A) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; ``(B) the individual possesses a valid private pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and ``(C) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. ``(2) Each individual who is pursuing a program of education consisting exclusively of flight training approved as meeting the requirements of paragraph (1) shall be paid an educational assistance allowance under this subchapter in the amount equal to 60 percent of the established charges for tuition and fees which similarly circumstanced nonveterans enrolled in the same flight course are required to pay. ``(3) No educational assistance allowance may be paid under this subchapter to an individual for any month during which such individual is pursuing a program of education consisting exclusively of flight training until the Secretary has received from that individual and the institution providing such training a certification of the flight training received by the individual during that month and the tuition and other fees charged for that training. ``(4) The period of entitlement of an individual pursuing a program of education described in paragraph (1) shall be charged with one month for each amount equal to the amount of the monthly rate payable under subsection (b)(1)(A) for the fiscal year concerned which is paid to that individual as an educational assistance allowance for such program. ``(5) The number of solo flying hours for which an individual may be paid an educational assistance allowance under this subsection may not exceed the minimum number of solo flying hours required by the Federal Aviation Administration for the flight rating or certification which is the goal of the individual's flight training. ``(g) Individualized Tutorial Assistance.--(1)(A) Subject to subparagraph (B), the Secretary of Veterans Affairs shall approve individualized tutorial assistance for any person entitled to educational assistance under this subchapter who-- ``(i) is enrolled in and pursuing a postsecondary course of education on a half-time or more basis at an educational institution; and ``(ii) has a deficiency in a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, the program of education. ``(B) The Secretary of Veterans Affairs shall not approve individualized tutorial assistance for a person pursuing a program of education under this paragraph unless such assistance is necessary for the person to successfully complete the program of education. ``(2)(A) Subject to subparagraph (B), the Secretary of Veterans Affairs shall pay to a person receiving individualized tutorial assistance pursuant to paragraph (1) a tutorial assistance allowance. The amount of the allowance payable under this paragraph may not exceed $100 for any month, nor aggregate more than $1,200. The amount of the allowance paid under this paragraph shall be in addition to the amount of educational assistance allowance payable to a person under this subchapter. ``(B) A tutorial assistance allowance may not be paid to a person under this paragraph until the educational institution at which the person is enrolled certifies that-- ``(i) the individualized tutorial assistance is essential to correct a deficiency of the person in [[Page H5174]] a subject required as a part of, or which is prerequisite to, or which is indispensable to the satisfactory pursuit of, an approved program of education; ``(ii) the tutor chosen to perform such assistance is qualified to provide such assistance and is not the person's parent, spouse, child (whether or not married or over eighteen years of age), brother, or sister; and ``(iii) the charges for such assistance do not exceed the customary charges for such tutorial assistance. ``(3)(A) A person's period of entitlement to educational assistance under this subchapter shall be charged only with respect to the amount of tutorial assistance paid to the person under this subsection in excess of $600. ``(B) A person's period of entitlement to educational assistance under this subchapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the person is otherwise eligible to receive for full- time pursuit of an institutional course under this subchapter. ``(h) Courses Beyond Baccalaureate Degree.--A program of education in a course of instruction beyond the baccalaureate degree level shall be provided under this subchapter, subject to the availability of appropriations. ``(i) Special Skills.--(1) In the case of a person who has a skill or specialty designated by the Secretary of the military department concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary of the military department concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under subparagraphs (A) through (D) of subsection (b)(1) as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month. ``(2) In the case of a person who has a skill or specialty designated by the Secretary of the military department concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, who is eligible for educational benefits under chapter 30 (other than section 3012) of this title and who meets the eligibility criteria specified in subparagraphs (A) and (B) of section 3302(a)(1) of this title, the Secretary of the military department concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under section 3015 of this title as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month. ``(3) The authority provided by paragraphs (1) and (2) shall be exercised by the Secretaries of the military departments under regulations prescribed by the Secretary of Defense. ``(j) Licensing and Certification.--(1) Subject to paragraph (3), the amount of educational assistance payable under this subchapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test. ``(2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full- time monthly institutional rate of educational assistance which, but for paragraph (1), such individual would otherwise be paid under subsection (b). ``(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual's available entitlement under this subchapter. ``Sec. 3302. Eligibility for educational assistance ``(a) Eligibility.--A person who-- ``(1) after June 30, 1985-- ``(A) enlists, reenlists, or extends an enlistment as a Reserve for service in the Selected Reserve for a period of not less than six years; or ``(B) is appointed as, or is serving as, a reserve officer and agrees to serve in the Selected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and ``(2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate); is entitled to educational assistance under section 3301 of this title. ``(b) Active Duty for Training Required.--Educational assistance may not be provided to a member under this subchapter until the member has completed the initial period of active duty for training required of the member. ``(c) Notification.--Each person who becomes entitled to educational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provisions of this subchapter and stating clearly and prominently the substance of sections 3304 and 3305 of this title as such sections may apply to the person. At the request of the Secretary of Veterans Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to that Secretary. ``(d) Bar From Dual Eligibility.--A person who serves in the Selected Reserve may not receive credit for such service under both the program established by chapter 30 of this title and the program established by this subchapter but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited. However, a person may not receive credit under the program established by this subchapter for service (in any grade) on full-time active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a position which is included in the end strength required to be authorized each year by section 115(a)(1)(B) of title 10. ``Sec. 3303. Time limitation for use of entitlement ``(a) Time Limitation.--Except as provided in subsection (b), the period during which a person entitled to educational assistance under this subchapter may use such person's entitlement expires (1) at the end of the 14-year period beginning on the date on which such person becomes entitled to such assistance, or (2) on the date the person is separated from the Selected Reserve, whichever occurs first. ``(b) Exceptions.--(1) In the case of a person-- ``(A) who is separated from the Selected Reserve because of a disability which was not the result of the individual's own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this subchapter; or ``(B) who, on or after the date on which such person became entitled to educational assistance under this subchapter ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on December 31, 2001, by reason of the inactivation of the person's unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to section 10143(a) of title 10, the period for using entitlement prescribed by subsection (a) shall be determined without regard to clause (2) of such subsection. ``(2) The provisions of section 3031(f) of this title shall apply to the period of entitlement prescribed by subsection (a). ``(3) The provisions of section 3031(d) of this title shall apply to the period of entitlement prescribed by subsection (a) in the case of a disability incurred in or aggravated by service in the Selected Reserve. ``(4) In the case of a member of the Selected Reserve of the Ready Reserve who serves on active duty pursuant to an order to active duty issued under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10-- ``(A) the period of such active duty service plus four months shall not be considered in determining the expiration date applicable to such member under subsection (a); and ``(B) the member may not be considered to have been separated from the Selected Reserve for the purposes of clause (2) of such subsection by reason of the commencement of such active duty service. ``Sec. 3304. Termination of assistance ``Educational assistance may not be provided under this subchapter-- ``(1) to a member receiving financial assistance under section 2107 of title 10 as a member of the Senior Reserve Officers' Training Corps program; or ``(2) to a member who fails to participate satisfactorily in required training as a member of the Selected Reserve. ``Sec. 3305. Failure to participate satisfactorily; penalties ``(a) Penalties.--At the option of the Secretary of the military department concerned, in consultation with the Secretary of Veterans Affairs, a member of the Selected Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this subchapter, and during which the member has received such assistance, may-- ``(1) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 3302 of this title, whichever is less; or ``(2) be subject to repayment requirements prescribed by the Secretary of Veterans Affairs that are similar to the repayment provisions under section 303a(e) of title 37. ``(b) Collection of Funds.--The Secretary of Veterans Affairs shall collect any amount required to be repaid under subsection (a)(2). ``(c) Effect of Repayment.--Any repayment under subsection (a)(2) shall not affect the period of obligation of a member to serve as a Reserve in the Selected Reserve. ``Sec. 3306. Administration of program ``(a) Payments.--(1) Except as provided under paragraph (2), payments for educational assistance under this subchapter shall be made from funds appropriated or otherwise made available to the Department of Veterans Affairs for fiscal year 2009 or any subsequent fiscal year for the payment of readjustment benefits. ``(2) Payments for increases in rates of educational assistance under section 3301(i) shall be made from amounts in the Department of Defense Education Benefits Fund under section 2006 of title 10. Amounts for such payments shall be made available to the Secretary in accordance with the provisions of section 2006(d) of title 10. ``(b) Program Management.--Except as otherwise provided in this subchapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3686(a) and 3687) shall be applicable to the provision of educational assistance under this subchapter. The term `eligible veteran' and the term `person', as used in those provisions, shall be deemed for the purpose of the application of those provisions to this subchapter to refer to a person eligible for educational assistance under this subchapter. ``(c) Application of Benefits.--The Secretary of Veterans Affairs may not make a distinction in the application of educational assistance benefits under this subchapter on the basis [[Page H5175]] of whether a person who is eligible for educational assistance under this subchapter first became so eligible under former chapter 1606 of title 10, as in effect immediately on September 30, 2008. ``Sec. 3307. Biennial report to Congress ``The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, shall submit to Congress a report not later than March 1 of each odd-numbered year concerning the operation of the educational assistance program established by this subchapter during the preceding two fiscal years. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this subchapter during those fiscal years. The Secretary may submit the report more frequently and adjust the period covered by the report accordingly. ``SUBCHAPTER II--RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS ``Sec. 3321. Purpose ``The purpose of this subchapter is to provide educational assistance to members of the reserve components called or ordered to active service in response to a war or national emergency declared by the President or Congress, in recognition of the sacrifices that those members make in answering the call to duty. ``Sec. 3322. Educational assistance program ``(a) Program Establishment.--The Secretary of Veterans Affairs, shall establish and maintain a program as prescribed in this subchapter to provide educational assistance to members of the Ready Reserve of the Armed Forces. The Secretary of each military department shall, under regulations prescribed by the Secretary of Defense, provide to individuals who meet the eligibility requirements under section 3323 of this title the opportunity to receive educational assistance under this subchapter. ``(b) Authorized Education Programs.--Educational assistance may be provided under this subchapter for pursuit of any program of education that is an approved program of education for purposes of chapter 30 of this title. ``(c) Benefit Amount.--(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary of Veterans Affairs of an educational assistance allowance to each member entitled to educational assistance under this subchapter who is pursuing a program of education authorized under subsection (b). ``(2) The educational assistance allowance provided under this subchapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under section 3015 of this title for a member whose entitlement is based on completion of an obligated period of active duty of three years. ``(3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of this title, that rate shall be further adjusted by the applicable percent specified in paragraph (4). ``(4) The adjusted educational assistance allowance under paragraph (2) or (3), as applicable, shall be-- ``(A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year; ``(B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or ``(C) 80 percent in the case of a member of a reserve component who performed active service for two continuous years or more. ``(d) Maximum Months of Assistance.--(1) Subject to section 3695 of this title, the maximum number of months of educational assistance that may be provided to any member under this subchapter is 36 (or the equivalent thereof in part-time educational assistance). ``(2)(A) Notwithstanding any other provision of this subchapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) shall not-- ``(i) be charged against the entitlement of any individual under this subchapter; or ``(ii) be counted toward the aggregate period for which section 3695 of this title limits an individual's receipt of assistance. ``(B) The payment of the educational assistance allowance referred to in subparagraph (A) is the payment of such an allowance to the individual for pursuit of a course or courses under this subchapter if the Secretary of Veterans Affairs finds that the individual-- ``(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10; and ``(ii) failed to receive credit or training time toward completion of the individual's approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individual's course pursuit. ``(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii). ``(e) Availability of Assistance for Licensing and Certification Tests.--The provisions of section 3301(j) of this title shall apply to the provision of educational assistance under this subchapter, except that, in applying such section under this subchapter, the reference to subsection (b) in paragraph (2) of such section is deemed to be a reference to subsection (c) of this section. ``(f) Flight Training.--The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under section 3680A(b) of this title) by an individual entitled to educational assistance under this subchapter if-- ``(1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; ``(2) the individual possesses a valid private pilot certificate and meets, on the day the member begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and ``(3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. ``Sec. 3323. Eligibility for educational assistance ``(a) Eligibility.--On or after September 11, 2001, a member of a reserve component is entitled to educational assistance under this subchapter if the member-- ``(1) served on active duty in support of a contingency operation for 90 consecutive days or more; or ``(2) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performed full time National Guard duty under section 502(f) of title 32 for 90 consecutive days or more when authorized by the President or Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds. ``(b) Disabled Members.--Notwithstanding the eligibility requirements in subsection (a), a member who was ordered to active service as prescribed under subsection (a)(1) or (a)(2) but is released from duty before completing 90 consecutive days because of an injury, illness or disease incurred or aggravated in the line of duty shall be entitled to educational assistance under this subchapter at the rate prescribed in section 3322(c)(4)(A) of this title. ``(c) Written Notification.--(1) Each member who becomes entitled to educational assistance under subsection (a) shall be given a statement in writing prior to release from active service that summarizes the provisions of this subchapter and stating clearly and prominently the substance of section 3325 of this title as such section may apply to the member. ``(2) At the request of the Secretary of Veterans Affairs, the Secretary of the military department concerned shall transmit a notice of entitlement for each such member to that Secretary. ``(d) Bar From Dual Eligibility.--A member who qualifies for educational assistance under this subchapter may not receive credit for such service under both the program established by chapter 30 of this title and the program established by this subchapter but shall make an irrevocable election (in such form and manner as the Secretary of Veterans Affairs may prescribe) as to the program to which such service is to be credited. ``(e) Bar From Duplication of Educational Assistance Allowance.--(1) Except as provided in paragraph (2), an individual entitled to educational assistance under this subchapter who is also eligible for educational assistance under subchapter I of this chapter, chapter 30, 31, 32, or 35 of this title, or under the Hostage Relief Act of 1980 (Public Law 96-449; 5 U.S.C. 5561 note) may not receive assistance under more than one such programs and shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) under which program the member elects to receive educational assistance. ``(2) The restriction on duplication of educational assistance under paragraph (1) does not apply to the entitlement of educational assistance under section 3301(i) of this title. ``Sec. 3324. Time limit for use of entitlement ``(a) Duration of Entitlement.--Except as provided in subsection (b), a member remains entitled to educational assistance under this subchapter while serving-- ``(1) 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 ``(2) 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). ``(b) Duration of Entitlement for Disabled Members.--(1) In the case of a person who is separated from the Ready Reserve because of a disability which was not the result of the individual's own willful misconduct incurred on or after the date on which such person became entitled to educational assistance under this subchapter, such person's entitlement to educational assistance expires at the end of the 10-year period beginning on the date on which such person became entitled to such assistance. ``(2) The provisions of subsections (d) and (f) of section 3031 of this title shall apply to the period of entitlement prescribed by paragraph (1). ``Sec. 3325. Termination of assistance ``(a) In General.--Except as provided in subsection (b), educational assistance may not be provided under this subchapter, or if being provided under this subchapter, shall be terminated-- ``(1) if the member is receiving financial assistance under section 2107 of title 10 as a member of the Senior Reserve Officers' Training Corps program; or [[Page H5176]] ``(2) when the member separates from the Ready Reserve, as provided for under section 3324(a)(1) or section 3324(a)(2), as applicable, of this title. ``(b) Exception.--Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this subchapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve of not more than 90 days if the member continues to serve in the Ready Reserve during and after such break in service. ``Sec. 3326. Administration of program ``(a) Payments.--Payments for educational assistance under this subchapter shall be made from funds appropriated or otherwise made available to the Department of Veterans Affairs for fiscal year 2009 or any subsequent fiscal year for the payment of readjustment benefits. ``(b) Program Management.--Except as otherwise provided in this subchapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3686(a) and 3687) shall be applicable to the provision of educational assistance under this subchapter. The term `eligible veteran' and the term `person', as used in those provisions, shall be deemed for the purpose of the application of those provisions to this subchapter to refer to a person eligible for educational assistance under this subchapter. ``(c) Application of Benefits.--The Secretary of Veterans Affairs may not make a distinction in the application of educational assistance benefits under this subchapter on the basis of whether a person who is eligible for educational assistance under this subchapter first became so eligible under former chapter 1607 of title 10, as in effect immediately on September 30, 2008.''. (b) Transfer of Amounts for Benefits Accrued Before October 1, 2008.-- (1) Fiscal year 2009.--By not later than October 1, 2008, the Secretary of Defense shall transfer to the Secretary of Veterans Affairs from the funds in the Department of Defense Education Benefits Fund under section 2006 of title 10, United States Code, that are attributable to armed forces education liabilities under chapters 1606 and 1607 of such title (other than such liabilities under section 16131(i) of such title) that accrue before such date, such funds as may be required by the Secretary of Veterans Affairs to make payments with respect to such liabilities during fiscal year 2009. Such amounts shall be deposited into the Readjustment Benefits Account of the Department of Veterans Affairs and shall be used only by the Secretary of Veterans Affairs to make payments of educational assistance under chapter 33 of title 38, United States Code, as added by subsection (a). Funds deposited in the Readjustment Benefits Account under this paragraph may not be used to pay any benefit that is payable from the Readjustment Benefits Account other than a payment of educational assistance under chapter 33 of title 38, United States Code, as added by subsection (a). (2) Treatment of receipts.--Receipts that would otherwise be credited to the account established for the payment of benefits under the Department of Defense Education Benefits Fund under section 2006 of title 10, United States Code, for the payment of benefits under the chapters 1606 and 1607 of such title (other than such benefits under section 16131(i) of such title), shall be credited to the Readjustment Benefits Account of the Department of Veterans Affairs and merged with funds deposited in that account under paragraph (1), to be available for the same purposes and subject to the same limitations as such funds. (3) Agreement for subsequent fiscal years.--By not later than October 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall enter into an agreement under which the Secretary of Defense shall transfer to the Secretary of Veterans Affairs all remaining funds in the Department of Defense Education Benefits Fund under section 2006 of title 10, United States Code, that are attributable to armed forces liabilities under the former chapters 1606 and 1607 of such title (other than such liabilities under section 16131(i) of such title) that accrue before such date. Such amounts shall be deposited into the education account of the Readjustment Benefits Account of the Department of Veterans Affairs and shall be available to the Secretary of Veterans Affairs to make payments of educational assistance under chapter 33 of title 38, United States Code, as added by subsection (a). (4) Report.--By not later than October 1, 2008, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives a detailed report on the agreement between the Secretary of Defense and the Secretary of Veterans Affairs and the status of the transfer of funds described in paragraph (2). Such report shall include the date on which the Secretary of Defense has agreed to complete such transfer. (c) Clerical Amendments.--The tables of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 32 the following new item: ``33. Educational Assistance for Members of the Reserve Comp3301''..... (d) Technical and Conforming Amendments.-- (1) Conforming amendments on bar on dual eligibility for benefits.-- (A) Section 3033 of title 38, United States Code, is amended-- (i) in subsection (a)(1), by striking ``chapter 106 or 107 of title 10'' and inserting ``under subchapter I or subchapter II of chapter 33 of this title, under chapter 107 of title 10''; and (ii) in subsection (c), by striking ``chapter 106 of title 10'' and inserting ``subchapter I of chapter 33 of this title''. (B) Section 3221(f) of such title is amended by striking ``chapter 106 of title 10'' and inserting ``subchapter I of chapter 33 of this title''. (C) Section 3681 of such title is amended-- (i) in subsection (a), by striking ``34, 35, or 36 of this title or 106 or 107 of title 10,'' and inserting ``33, 34, 35, or 36 of this title''; and (ii) in subsection (b)-- (I) in paragraph (1), by inserting before the period the following: ``, and subchapters I and II of chapter 33 of this title''; and (II) in paragraph (2), by striking ``Chapters 106 and'' and inserting ``Chapter''. (2) Conforming amendments relating to department of defense education benefits fund.-- (A) Definition of armed forces education liabilities.-- Paragraph (1) of section 2006(b) of title 10, United States Code, is amended to read as follows: ``(1) The term `armed forces education liabilities' means liabilities of the armed forces for benefits under chapter 30 and section 3301(i) of title 38 and for Department of Defense benefits under paragraphs (3) and (4) of section 510(e) of this title, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy.''. (B) Definition of normal cost.--Paragraph (2) of such section is amended by striking subparagraph (C) and inserting the following new subparagraph: ``(C) The present value of the future Department of Defense benefits payable from the Fund (including funds from the Department in which the Coast Guard is operating) for educational assistance under section 3301(i) of title 38 to persons who during such period become entitled to such assistance.''. (3) Cross-reference amendments.-- (A) Chapter 106 of title 10, united states code.-- (i) Section 2131 of title 10, United States Code, is amended to read as follows: ``Sec. 2131. Reference to subchapter I of chapter 33 of title 38 ``Provisions of law related to educational assistance for members of the Selected Reserve under the Montgomery GI Bill program, as formerly set forth in this chapter and chapter 1606 of this title, are set forth in subchapter I of chapter 33 of title 38 (beginning with section 3301 of title 38).''. (ii) The table of sections at the beginning of chapter 106 of such title is amended by striking the item relating to section 2131 and inserting the following new item: ``2131. Reference to subchapter I of chapter 33 of title 38.''. (B) Chapter 1606 of title 10, united states code.--Chapter 1606 of such title is amended by striking all after the chapter heading and inserting the following: ``Sec. ``16131. Reference to subchapter I of chapter 33 of title 38. ``Sec. 16131. Reference to subchapter I of chapter 33 of title 38 ``Provisions of law related to educational assistance for members of the Selected Reserve under the Montgomery GI Bill program, as formerly set forth in this chapter, are set forth in subchapter I of chapter 33 of title 38 (beginning with section 3301 of that title).''. (C) Chapter 1607 of title 10, united states code.--Chapter 1607 of such title is amended by striking all after the chapter heading and inserting the following: ``Sec. ``16161. Reference to subchapter II of chapter 33 of title 38. ``Sec. 16161. Reference to subchapter II of chapter 33 of title 38 ``Provisions of law related to educational assistance for members of the reserve components of the Armed Forces supporting contingency operations and certain other operations, as formerly set forth in this chapter, are set forth in subchapter II of chapter 33 of title 38 (beginning with section 3321 of that title).''. (4) Additional conforming amendments.-- (A) Title 38, united states code.-- (i) Section 3485 of title 38, United States Code, is amended-- (I) in subsection (a)(4)(E), by striking ``chapter 1606 or 1607 of title 10'' and inserting ``chapter 33 of this title''; (II) in subsection (b), by striking ``chapter 30, 31, 32, or 34 of this title or chapter 1606 or 1607 of title 10,'' and inserting ``chapter 30, 31, 32, 33, or 34 of this title''; and (III) in subsection (e)(1)-- (aa) by striking ``, chapter 30, 31, 32, 35, or 36 of this title, or chapter 1606 or 1607 of title 10'' and inserting ``or chapter 30, 31, 32, 33, 35, or 36 of this title''; and (bb) by striking ``section 2135 of such title'' and inserting ``section 3305 of this title''. (ii) Section 3672(c) of such title is amended-- (I) in paragraph (3)(A), by striking ``chapters 30 and 35 of this title and chapter 1606 of title 10'' and inserting ``chapters 30, 33, and 35 of this title''; and (II) in paragraph (4), by striking ``chapter 30 or 35 of this title, or chapter 1606 of title 10, as the case may be'' and inserting ``chapter 30, 33, or 35 of this title''. (iii) Section 3674 of such title is amended-- (I) in subsection (a)(1), by striking ``and chapter 106 of title 10''; and (II) in subsection (c), by inserting ``33,'' after ``32,''. [[Page H5177]] (iv) Section 3680A(d)(1) of such title is amended-- (I) by striking ``or under chapter 106 of title 10'' the first place it appears; and (II) by striking ``or chapter 30, 31, 32, or 35 of this title or under chapter 106 of title 10'' and inserting ``or chapter 30, 31, 32, 33, or 35 of this title''. (v) Section 3684A(a)(1) of such title is amended by striking ``chapter 30 or 32 of this title or in chapter 106 of title 10'' and inserting ``chapter 30, 32, or 33 of this title''. (vi) Section 3688(b) of such title is amended by striking ``, chapter 30, 32, or 35 of this title, or chapter 106 of title 10'' and inserting ``or chapter 30, 32, 33, or 35 of this title''. (vii) Section 3689 of such title is amended by inserting ``33,'' after ``32,'' each place it appears. (viii) Section 3692 of such title is amended-- (I) in subsection (a), by striking ``or 35 of this title and chapter 1606 of title 10'' and inserting ``33, or 35 of this title''; and (II) in subsection (b), by striking ``, chapters 30, 32, and 35 of this title, and chapter 1606 of title 10'' and inserting ``and chapters 30, 32, 33, and 35 of this title''. (ix) Section 3695(a) of such title is amended-- (I) by striking paragraph (4) and inserting the following new paragraph (4): ``(4) Chapters 30, 32, 34, 35, and 36 of this title and subchapters I and II of chapter 33 of this title.''; and (II) in paragraph (5), by striking ``, 1606, 1607,''. (x) Section 3697(a) of such title is amended by striking ``chapter 30, 32, 34, or 35 of this title, or chapter 106 of title 10,'' and inserting ``chapter 30, 32, 33, 34, or 35 of this title''. (xi) Section 3697A(b)(1) of such title is amended by striking ``or 32 of this title or chapter 106'' and inserting ``32, or 33 of this title or chapter''. (B) Title 10, united states code.--Section 510(h) of title 10, United States Code, is amended-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``additional educational assistance under chapter 1606 of this title or to basic educational assistance under subchapter II of chapter 30 of title 38'' and inserting ``basic educational assistance under subchapter II of chapter 30 of title 38 or educational assistance under subchapter I of chapter 33 of that title''; and (II) in subparagraph (B)-- (aa) by striking ``chapter 1606 of this title or chapter 30 of title 38'' and inserting ``chapter 30 or subchapter I of chapter 33 of title 38''; and (bb) by striking ``either such chapter'' each place it appears and inserting ``either such provisions''; and (ii) in paragraph (3)(A), by striking ``educational assistance under chapter 1606 of this title'' and all that follows through ``as the case may be'' and inserting ``basic educational assistance under chapter 30 of title 38 or educational assistance under subchapter I of chapter 33 of that title from an entitlement to such basic educational assistance under chapter 30 of that title or educational assistance under subchapter I of chapter 33 of that title, as the case may be''. (C) Elementary and secondary education act of 1965.-- Section 2304(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6674(g)) is amended by striking ``chapter 30 of title 38 or chapter 1606 of title 10'' and inserting ``chapter 30 or 33 of title 38''. (D) Internal revenue code of 1986.--Section 25A(g)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code'' and inserting ``chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code''. (e) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2008. SEC. 526. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE DEGREE-GRANTING AUTHORITIES OF CERTAIN MILITARY UNIVERSITIES AND EDUCATIONAL INSTITUTIONS. (a) Evaluation Required.--The Secretary of Defense shall carry out an evaluation of the degree-granting authorities provided by title 10, United States Code, to the academic institutions specified in subsection (b). The evaluation shall assess whether the current process, under which each degree conferred by each institution must have a statutory authorization, remains adequate, appropriate, and responsive enough to meet emerging military service education requirements. (b) Specified Institutions.--The academic institutions covered by subsection (a) are the following: (1) The National Defense University. (2) The Army War College and the United States Army Command and General Staff College. (3) The College of Naval Warfare and the College of Naval Command and Staff. (4) The United States Naval Postgraduate School. (5) Air University and the United States Air Force Institute of Technology. (6) The Marine Corps University. (c) Report.--Not later than April 1, 2008, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the evaluation. The report shall include the results of the evaluation and any recommendations for changes to policy or law that the Secretary considers appropriate. SEC. 527. NAVY JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS. For purposes of meeting the requirements of section 2031(b) of title 10, United States Code, the Secretary of the Navy may, and to the extent the schools request shall, treat any two or more of the following schools (all in Southold, Suffolk County, New York) as a single institution: (1) Southold High School. (2) Mattituck High School. (3) Greenport High School. Subtitle D--General Service Authorities SEC. 531. AUTHORITY TO REDUCE REQUIRED SERVICE OBLIGATION FOR INITIAL APPOINTMENT OF QUALIFIED HEALTH PROFESSIONALS AS OFFICERS IN CRITICAL SPECIALTIES. Section 651 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(c) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may reduce the total initial period of required service to less than the minimum otherwise established pursuant to subsection (a) in the case of the initial appointment of a commissioned officer in a critically short health professional specialty, as determined by the Secretary. The period of required service may not be reduced to less than two years.''. SEC. 532. REENLISTMENT IN FORMER ENLISTED GRADE AFTER SERVICE AS AN OFFICER. (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 ``Reserve''. (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 ``Reserve''. Subtitle E--Military Justice and Legal Assistance Matters SEC. 541. AUTHORITY TO DESIGNATE CERTAIN CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT AS ELIGIBLE FOR LEGAL ASSISTANCE FROM DEPARTMENT OF DEFENSE LEGAL STAFF RESOURCES. Section 1044(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6) Civilian employees of the Federal Government serving with, or preparing to serve with, an armed force in support of a contingency operation, as designated in regulations prescribed by the Secretary concerned.''. Subtitle F--Decorations and Awards SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE VIETNAM WAR. (a) Authorization.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to Leslie H. Sabo, Jr., for the acts of valor during the Vietnam War described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of Leslie H. Sabo, Jr., on May 10, 1970, as a member of the United States Army serving in the grade of Specialist Four in the Republic of Vietnam with Company B of the 3d Battalion, 506th Infantry Regiment, 101st Airborne Division. SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO HENRY SVEHLA FOR ACTS OF VALOR DURING THE KOREAN WAR. (a) Authorization.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to Henry Svehla for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of Henry Svehla on June 12, 1952, as a member of the United States Army serving in the grade of Private First Class in Korea with Company F of the 32d Infantry Regiment, 7th Infantry Division. SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE KOREAN WAR. (a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of such title to Woodrow W. Keeble for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of Woodrow W. Keeble of the United States Army as an acting platoon leader on October 20, 1950, during the Korean War. [[Page H5178]] SEC. 554. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR DURING THE CIVIL WAR. (a) Authorization.--Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 3741 of title 10, United States Code, posthumously to Private Philip G. Shadrach of Company K, 2nd Ohio Volunteer Infantry Regiment for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of Philip G. Shadrach as one of Andrews Raiders during the Civil War on April 12, 1862. SEC. 555. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE OF ANDREWS RAIDERS DURING THE CIVIL WAR. (a) Authorization.--The President is authorized and requested to award the Medal of Honor under section 3741 of title 10, United States Code, posthumously to Private George D. Wilson of Company B, 2nd Ohio Volunteer Infantry Regiment for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of George D. Wilson as one of Andrews Raiders during the Civil War on April 12, 1862. SEC. 556. COLD WAR VICTORY MEDAL. (a) Authority.--Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1135. Cold War Victory Medal ``(a) Medal Authorized.--The Secretary concerned shall issue a service medal, to be known as the `Cold War Victory Medal', to persons eligible to receive the medal under subsection (b). The Cold War Victory Medal shall be of an appropriate design approved by the Secretary of Defense, with ribbons, lapel pins, and other appurtenances. ``(b) Eligible Persons.--The following persons are eligible to receive the Cold War Victory Medal: ``(1) A person who-- ``(A) performed active duty or inactive duty training as an enlisted member during the Cold War; ``(B) completed the person's initial term of enlistment or, if discharged before completion of such initial term of enlistment, was honorably discharged after completion of not less than 180 days of service on active duty; and ``(C) has not received a discharge less favorable than an honorable discharge or a release from active duty with a characterization of service less favorable than honorable. ``(2) A person who-- ``(A) performed active duty or inactive duty training as a commissioned officer or warrant officer during the Cold War; ``(B) completed the person's initial service obligation as an officer or, if discharged or separated before completion of such initial service obligation, was honorably discharged after completion of not less than 180 days of service on active duty; and ``(C) has not been released from active duty with a characterization of service less favorable than honorable and has not received a discharge or separation less favorable than an honorable discharge. ``(c) One Award Authorized.--Not more than one Cold War Victory Medal may be issued to any person. ``(d) Issuance to Representative of Deceased.--If a person described in subsection (b) dies before being issued the Cold War Victory Medal, the medal shall be issued to the person's representative, as designated by the Secretary concerned. ``(e) Replacement.--Under regulations prescribed by the Secretary concerned, a Cold War Victory Medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. ``(f) Application for Medal.--The Cold War Victory Medal shall be issued upon receipt by the Secretary concerned of an application for such medal, submitted in accordance with such regulations as the Secretary prescribes. ``(g) Uniform Regulations.--The Secretary of Defense shall ensure that regulations prescribed by the Secretaries of the military departments under this section are uniform so far as is practicable. ``(h) Definition.--In this section, the term `Cold War' means the period beginning on September 2, 1945, and ending at the end of December 26, 1991.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1135. Cold War Victory Medal.''. Subtitle G--Impact Aid and Defense Dependents Education System SEC. 561. TUITION ASSISTANCE FOR MILITARY DEPENDENTS IN OVERSEAS AREAS WHERE SCHOOLS OPERATED BY DEFENSE DEPENDENTS' EDUCATION SYSTEM ARE NOT REASONABLY AVAILABLE. 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 ``attend schools''. SEC. 562. 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, $50,000,000 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, $15,000,000 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)). Subtitle H--Other Matters SEC. 571. EXTENSION OF AUTHORITY TO ACCEPT GIFTS, DEVISES, OR BEQUESTS TO BENEFIT MEMBERS OF THE ARMED FORCES, DEPENDENTS, AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE. Section 2601(b)(4) of title 10, United States Code, is amended by striking ``December 31, 2007'' and inserting ``December 31, 2010''. SEC. 572. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER MUSICAL UNITS. (a) In General.-- (1) Consolidation of separate authorities.--Chapter 49 of title 10, United States Code, is amended by inserting after section 973 the following new section: ``Sec. 974. Uniform performance policies for military bands and other musical units ``(a) Restrictions on Competition and Remuneration.--Bands, ensembles, choruses, or similar musical units of the armed forces, including individual members of such a unit performing in an official capacity, may not-- ``(1) perform music in competition with local civilian musicians; or ``(2) receive remuneration for official performances. ``(b) Members.--A member of a band, ensemble, chorus, or similar musical unit of the armed forces may perform music in the member's personal capacity, as an individual or part of a group, for remuneration or otherwise, if the member does not wear a military uniform for the performance, does not identify himself or herself as a member of the armed forces in connection with the performance, and complies with all applicable regulations and standards of conduct. ``(c) Recordings.--Bands, ensembles, choruses, or similar musical units of the armed forces, when authorized pursuant to Department of Defense regulations, may produce recordings for distribution to the public at a cost not to exceed production and distribution expenses. The proceeds from such recordings shall be credited to the appropriation used to cover production and distribution expenses. ``(d) Competition Defined.--(1) In this section, the term `perform music in competition with local civilian musicians' includes performances-- ``(A) that are more than incidental to events that are not supported solely by appropriated funds and are not free to the public; and ``(B) of background, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds. ``(2) The term does not include performances-- ``(A) at official Federal Government events that are supported solely by appropriated funds; ``(B) at concerts, parades, and other events that are patriotic events or celebrations of national holidays and are free to the public; or ``(C) that are incidental, such as short performances of military or patriotic music to open or close events, to events that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 973 the following new item: ``974. Uniform performance policies for military bands and other musical units.''. (b) Repeal of Separate Service Authorities.-- (1) Repeal.--Sections 3634, 6223, and 8634 of such title are repealed. (2) Table of sections.--(A) The table of sections at the beginning of chapter 349 of such title is amended by striking the item relating to section 3634. (B) The table of sections at the beginning of chapter 565 of such title is amended by striking the item relating to section 6223. (C) The table of sections at the beginning of chapter 849 of such title is amended by striking the item relating to section 8634. SEC. 573. REPEAL OF LIMITATION ON NUMBER OF ACADEMIES OF DEPARTMENT OF DEFENSE STARBASE PROGRAM IN A SINGLE STATE. Section 2193b(c) of title 10, United States Code, is amended by striking paragraph (3). SEC. 574. COMBAT VETERANS MENTORING PROGRAM FOR CURRENT MEMBERS OF THE ARMED FORCES. (a) Program Required.--The Secretary of Defense, in coordination with the Secretaries of the military departments, shall institute a program to give veterans of the Armed Forces who have served in combat the opportunity to meet on a regular basis with, to inform, to exchange [[Page H5179]] ideas with, and to mentor current members of the Armed Forces. (b) Elements of Program.--The program may build on existing programs within the military departments, where they exist, and shall focus on providing members of the Armed Forces, particularly military personnel and leaders at the small unit level, varied perspectives on both the human and military aspects of war from those who have experienced it. In carrying out the program, the Secretary shall seek to provide opportunities for the combat veterans not only to meet with current members of the Armed Forces before and after their deployment to combat zones, but also during deployments. SEC. 575. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND FOLLOWING WORLD WAR II. Congress hereby-- (1) recognizes the men and women who served in the Monuments, Fine Arts, and Archives program (MFAA) under the Civil Affairs and Military Government Sections of the United States Armed Forces for their heroic role in the preservation, protection, and restitution of monuments, works of art, and other artifacts of inestimable cultural importance in Europe and Asia during and following World War II; (2) recognizes that without their dedication and service, many more of the world's artistic and historic treasures would have been destroyed or lost forever amidst the chaos and destruction of World War II; (3) acknowledges that the detailed catalogues, documentation, inventories, and photographs developed and compiled by MFAA personnel during and following World War II, have made, and continue to make, possible the restitution of stolen works of art to their rightful owners; and (4) commends and extols the members of the MFAA for establishing a precedent for action to protect cultural property in the event of armed conflict, and by their action setting a standard not just for one country, but for people of all nations to acknowledge and uphold. SEC. 576. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR. (a) Commemorative Program.--The Secretary of Defense shall conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War. (b) Commencement and Duration of Program.--The commemorative program shall commence not later than 180 days after the date of the enactment of this Act and continue through December 31, 2025. The Secretary of Defense shall determine the schedule of major events and priority of efforts during that period in order to ensure achievement of the objectives specified in subsection (c). (c) Commemorative Activities and Objectives.--The commemorative program may include activities and ceremonies to achieve the following objectives: (1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans. (2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces. (3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War. (4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War. (5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War. (d) Names and Symbols.--The Secretary of Defense shall have the sole and exclusive right to use the name ``The United States of America Vietnam War Commemoration'', and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act. (e) Commemorative Fund.-- (1) Establishment and administration.--There is established in the Treasury of the United States an account to be known as the ``Department of Defense Vietnam War Commemoration Fund'' (in this section referred to as the ``Fund''). The Fund shall be administered by the Secretary of Defense. (2) Use of fund.--The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary. (3) Deposits.--There shall be deposited into the Fund-- (A) amounts appropriated to the Fund; (B) proceeds derived from the Secretary's use of the exclusive rights described in subsection (d); (C) donations made in support of the commemorative program by private and corporate donors; and (D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense. (4) Availability.--Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended. (5) Budget request.--Beginning with the budget justification materials submitted by the Secretary in support of the budget of the President for fiscal year 2009, the Secretary shall establish a separate budget line for the commemorative program. In the budget justification materials, the Secretary shall-- (A) identify and explain the amounts expended for the commemorative program in the year preceding the budget request; (B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request and two subsequent years; and (C) present a summary of the fiscal status of the Fund. (f) Acceptance of Voluntary Services.-- (1) Authority to accept services.--Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. (2) Treatment of volunteers.--A person providing voluntary services under this subsection shall be considered to be a Federal employee for purposes of chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. The person shall also be considered a special governmental employee for purposes of standards of conduct and sections 202, 203, 205, 207, 208, and 209 of title 18, United States Code. A person who is not otherwise employed by the Federal Government shall not be considered to be a Federal employee for any other purpose by reason of the provision of voluntary services under this subsection. (3) Reimbursement of incidental expenses.--The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph. (g) Final Report.-- (1) Report required.--Not later than 60 days after the end of the commemorative period specified in subsection (b), the Secretary of Defense shall submit to Congress a report containing an accounting of-- (A) all of the funds deposited into and expended from the Fund; (B) any other funds expended under this section; and (C) any unobligated funds remaining in the Fund. (2) Treatment of unobligated funds.--Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law. (h) Limitation on Expenditures.--Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2008 or for any subsequent fiscal year to carry out the commemorative program. (i) Authorization of Appropriations.--There is authorized to be appropriated $3,000,000 to the Fund for fiscal year 2008. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances Sec. 601. Fiscal year 2008 increase in military basic pay. Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence. Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. Sec. 604. Participation of members of the uniformed services in Thrift Savings Plan. Sec. 605. Enhancement of referral bonus to encourage service in the Army. Sec. 606. Guaranteed pay increase for members of the Armed Forces of one-half of one percentage point higher than Employment Cost Index. 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. Sec. 616. Increase in dental officer additional special pay. Sec. 617. Definition of sea duty for career sea pay to include multi- crew ships. Sec. 618. Reenlistment bonus for members of the Selected Reserve. Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. Sec. 620. Availability of nuclear officer continuation pay for officers with more than 26 years of commissioned service. Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. Sec. 623. Payment of assignment incentive pay for Reserve members serving in combat zone for more than 22 months. [[Page H5180]] Sec. 624. Increase in maximum monthly rate of hardship duty pay. Subtitle C--Travel and Transportation Allowances Sec. 631. Allowance for participation in Reserve screening conducted through electronic means. Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. Sec. 633. Moving expenses for JROTC instructors who agree to serve in hard-to-fill positions. Sec. 634. Transportation of additional motor vehicle of members on change of permanent station to or from nonforeign areas outside the continental United States. Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. Subtitle D--Retired Pay and Survivor Benefits Sec. 641. Disregarding periods of confinement of member in determining benefits for dependents who are victims of abuse by the member. Sec. 642. Continuation of authority for members of the Armed Forces to designate a recipient for a portion of the death gratuity. Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for dependency and indemnity compensation. Sec. 644. Special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation. Sec. 645. Expansion of combat-related special compensation eligibility for chapter 61 military retirees with fewer than 20 years of creditable service. Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits Sec. 651. Access to Defense Commissary and Exchange System by surviving spouse and dependents of certain disabled veterans. Sec. 652. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the United States. Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the uniformed services. Sec. 662. Transitional provisions. Subtitle G--Other Matters Sec. 671. Expansion of education loan repayment program for members of the Selected Reserve. Sec. 672. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children. Sec. 673. Overseas naturalization for military spouses and children. 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. (c) Source of Funds for Portion of Fiscal Year 2008 Obligations.--During fiscal year 2008, the funds necessary to satisfy the obligations incurred by the Department of Defense to provide the increase under subsection (b) in the rates of monthly basic pay for members of the Army, Navy, Air Force, and Marine Corps in excess of 3 percent shall be derived from amounts appropriated pursuant to the authorization of appropriations in section 1514 for military personnel accounts of the Department. SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING WHILE MAINTAINING A PRIMARY RESIDENCE. (a) Availability of Allowance.--Section 403(g)(1) of title 37, United States Code, is amended-- (1) by inserting ``to attend accession training,'' after ``active duty'' the first place it appears; and (2) by inserting a comma after ``contingency operation'' the first place it appears. (b) Source of Funds for Portion of Fiscal Year 2008 Obligations.--During fiscal year 2008, the funds necessary to satisfy the obligations incurred by the Department of Defense as a result of the amendment made by subsection (a)(1) to provide a basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence shall be derived from amounts appropriated pursuant to the authorization of appropriations in section 1514 for military personnel accounts of the Department. (c) Effective Date.--The amendments made by subsection (a) shall apply with respect to months beginning on or after October 1, 2007. SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE. (a) Clarification Regarding When Payments Required.-- Subsection (a) of section 910 of title 37, United States Code, is amended by inserting before the period at the end of the first sentence the following: ``, when the total monthly military compensation of the member is less than the average monthly civilian income of the member''. (b) Eligibility.--Subsection (b) of such section is amended to read as follows: ``(b) Eligibility.--(1) A member of a reserve component is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member-- ``(A) completes 540 continuous days of service on active duty under an involuntary mobilization order; ``(B) completes 720 cumulative days on active duty under an involuntary mobilization order during the previous 1,800 days; or ``(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member's separation from a previous period of active duty for a period of 180 days or more. ``(2) The entitlement of a member of a reserve component to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member-- ``(A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; and ``(B) is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310 of this title is available.''. (c) Termination of Authority.--Subsection (g) of such section is amended to read as follows: ``(g) Termination.--No payment shall be made to a member under this section for months beginning after December 31, 2008, unless the entitlement of the member to payments under this section commenced on or before that date.''. SEC. 604. PARTICIPATION OF MEMBERS OF THE UNIFORMED SERVICES IN THRIFT SAVINGS PLAN. (a) Semi-Monthly Deposit of Member's Contributions.-- Section 1014 of title 37, United States Code, is amended by adding at the end the following new subsection: ``(c) Notwithstanding subsection (a), in the case of a member of the uniformed services who has elected to participate in the Thrift Savings Plan under section 211 of this title, one-half of the monthly contribution of the member to the Plan shall be made in midmonth.''. (b) Semi-Monthly Repayment of Borrowed Amounts.--Section 211 of such title is amended by adding at the end the following new subsection: ``(e) Repayment of Amounts Borrowed From Member Account.-- If a loan is issued to a member under section 8433(g) of title 5 from funds in the member's account in the Thrift Savings Plan, repayment of the loan shall be required on the same semi-monthly basis as authorized for contributions to the Fund under section 1014(c) of this title.''. SEC. 605. ENHANCEMENT OF REFERRAL BONUS TO ENCOURAGE SERVICE IN THE ARMY. (a) Individuals Eligible for Bonus.--Section 645 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3310) is amended-- (1) in subsection (a)(1), by striking ``enlists'' and inserting ``enlists, or is appointed as an officer to serve in a health profession designated by the Secretary,''; and (2) in subsection (b), by inserting ``or appointment'' after ``enlisting'' both places it appears. (b) Effective Date.--The amendments made by this section shall apply with respect to bonuses payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006 on or after the date of the enactment of this Act. SEC. 606. GUARANTEED PAY INCREASE FOR MEMBERS OF THE ARMED FORCES OF ONE-HALF OF ONE PERCENTAGE POINT HIGHER THAN EMPLOYMENT COST INDEX. (a) Increase.--Section 1009(c)(2) of title 37, United States Code, is amended ``fiscal years 2004, 2005, and 2006'' and inserting ``fiscal years 2009 through 2012''. (b) Applicability.--The amendment made by subsection (a) shall only apply with respect to the Army, Navy, Air Force and Marine Corps, including reserve components thereof. 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, 2009''. (b) Selected Reserve Affiliation or Enlistment Bonus.-- Section 308c(i) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (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, 2009''. (d) Ready Reserve Enlistment Bonus for Persons Without Prior Service.--Section [[Page H5181]] 308g(f)(2) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (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, 2009''. (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, 2009''. 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, 2009''. (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, 2010''. (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, 2009''. (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, 2009''. (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, 2009''. (f) Accession Bonus for Dental Officers.--Section 302h(a)(1) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (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, 2009''. (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, 2009''. 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, 2009''. (b) Nuclear Career Accession Bonus.--Section 312b(c) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. 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, 2009''. (b) Assignment Incentive Pay.--Section 307a(g) of such title is amended by striking ``December 31, 2008'' and inserting ``December 31, 2009''. (c) Reenlistment Bonus for Active Members.--Section 308(g) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (d) Enlistment Bonus.--Section 309(e) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (e) 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, 2009''. (f) 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, 2009''. (g) 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, 2009''. (h) Incentive Bonus for Transfer Between the Armed Forces.--Section 327(h) of such title is amended by striking ``December 31, 2009'' and inserting ``December 31, 2010''. (i) Accession Bonus for Officer Candidates.--Section 330(f) of such title is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. (j) Army Referral Bonus.--Subsection (h) of section 645 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3310), as redesignated by section 624(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2258), is amended by striking ``December 31, 2007'' and inserting ``December 31, 2009''. SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS. (a) Incentive Special Pay.--Section 302(b)(1) of title 37, United States Code, is amended by striking ``$50,000'' and inserting ``$75,000''. (b) Multiyear Retention Bonus.--Section 301d(a)(2) of such title is amended by striking ``$50,000'' and inserting ``$75,000''. SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY. Section 302b(a)(4) of title 37, United States Code, is amended-- (1) by striking ``shall be paid at the following rates'' in the matter preceding subparagraph (A) and inserting ``shall 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''. SEC. 617. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE MULTI-CREW SHIPS. Section 305a(e)(1)(A) of title 37, United States Code, is amended-- (1) by striking ``or'' at the end of clause (ii); and (2) by adding at the end the following new clause: ``(iv) while serving as an off-cycle crewmember of a multi- crewed ship; or''. SEC. 618. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE. (a) Minimum Term of Reenlistment or Enlistment Extension.-- Subsection (a)(2) of 308b of title 37, United States Code, is amended by striking ``his enlistment for a period of three years or for a period of six years'' and inserting ``an enlistment for a period of at least three years''. (b) Maximum Bonus Amount.--Subsection (b)(1) of such section is amended by striking ``may not exceed'' and all that follows through the end of the paragraph and inserting ``may not exceed $15,000.''. (c) Conforming Amendment Regarding Eligibility Requirements.--Subsection (c) of such section is amended-- (1) by striking the subsection heading and paragraph (1) and inserting ``Waiver of Condition on Eligibility.--''; and (2) by striking ``paragraph (1)(B) or''. SEC. 619. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A SHORT PERIOD. Section 308c(c)(1) of title 37, United States Code, is amended by inserting before the semicolon the following: ``or has served in the armed forces, but was released from such service before completing the basic training requirements of the armed force of which the person was a member and the service was characterized as either honorable or uncharacterized''. SEC. 620. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE. 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''. SEC. 621. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL SKILLS RETENTION BONUS. Section 323(e) of title 37, United States Code, is amended by adding at the end the following new paragraph: ``(4) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may waive the limitations in paragraph (1) with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Undersecretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security.''. SEC. 622. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM. (a) Accession Bonus Authorized.--Subchapter I of chapter 105 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2128. Accession bonus for members of the program ``(a) Availability of Bonus.--The Secretary of Defense may offer a person who enters into an agreement under section 2122(a)(2) of this title an accession bonus of not more than $20,000 as part of the agreement. ``(b) Repayment.--A person who receives an accession bonus under this section, but fails to comply with the agreement under section 2122(a)(2) of this title or to commence or complete the active duty obligation imposed by section 2123 of this title, shall be subject to the repayment provisions of section 303a(e) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``2128. Accession bonus for members of the program.''. SEC. 623. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN 22 MONTHS. (a) Payment.--The Secretary of a military department may pay assignment incentive pay under section 307a of title 37, United States Code, to a member of a reserve component under the jurisdiction of the Secretary for each month during the eligibility period of the member determined under subsection (b) during which the member served for any portion of the month in a combat zone associated with Operating Enduring Freedom or Operation Iraqi Freedom in excess of 22 months of qualifying service. (b) Eligibility Period.--The eligibility period for a member extends from January 1, 2005, through the end of the active duty service of the member in a combat zone associated with Operating Enduring Freedom or Operation Iraqi Freedom if the service on active duty during the member's most recent period of mobilization to active duty began before January 19, 2007. [[Page H5182]] (c) Amount of Payment.--The monthly rate of incentive pay payable to a member under this section is $1,000. (d) Qualifying Service.--For purposes of this section, qualifying service includes cumulative mobilized service on active duty under sections 12301(d), 12302, and 12304 of title 10, United States Code, during the period beginning on January 1, 2003, through the end of the member's active duty service during the member's most recent period of mobilization to active duty beginning before January 19, 2007. SEC. 624. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY. (a) Increase.--Effective October 1, 2007, section 305(a) of title 37, United States Code, is amended by striking ``$750'' and inserting ``$1,500''. (b) Funding Source.--Of the amounts authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2008, not more than $79,000,000 shall be available to cover the additional costs incurred to implement the amendment made by subsection (a). Subtitle C--Travel and Transportation Allowances SEC. 631. ALLOWANCE FOR PARTICIPATION IN RESERVE SCREENING CONDUCTED THROUGH ELECTRONIC MEANS. (a) Allowance for Electronic Reserve Screening.--Section 433 of title 37, United States Code, is amended-- (1) in subsection (a), by inserting ``Allowance for Muster Duty.--(1)'' before ``Under''; (2) by redesignating subsection (b) as paragraph (2) of subsection (a), and in such paragraph, as so redesignated, by striking ``this section'' and inserting ``paragraph (1)''; and (3) by inserting before subsection (c) the following new subsection (b): ``(b) Allowance for Electronic Screening.--(1) Under uniform regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend when the member participates, through electronic means, in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of such title. ``(2) The amount of the stipend paid to a member under paragraph (1) may not exceed $50 in any calendar year.''. (b) Payment Requirements.--Subsection (c) of such section is amended-- (1) by inserting ``Payment Requirements.--'' before the first sentence; (2) by striking ``allowance'' each place it appears and inserting ``allowances''; (3) by inserting ``or screening'' after ``muster duty'' both places it appears; and (4) by striking ``serving, as commutation'' and inserting ``serving. The allowance under subsection (a) is provided as commutation''. (c) Prohibitions.--Such section is further amended-- (1) in subsection (d)-- (A) by inserting ``Bar to Inactive Duty Compensation.--'' before ``A member''; and (B) by inserting ``or screening through electronic means'' after ``muster duty''; and (2) by adding at the end the following new subsection: ``(e) Bar to Retirement Credit.--The participation by a member in screening for which a stipend is paid under subsection (b) shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of title 10.''. (d) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 433. Allowance for muster duty or for participation in Reserve screening''. (2) Table of sections.--The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by striking the item relating to section 433 and inserting the following new item: ``433. Allowance for muster duty or for participation in Reserve screening.''. (e) Conforming Amendments to Other Laws.-- (1) Bar to dual compensation for inactive-duty training.-- Section 206 of such title is amended by adding at the end the following new subsection: ``(f) A member of the National Guard or of a reserve component of a uniformed service may not be paid under this section if the member receives a stipend under section 433(b) of this title for the same period.''. (2) Bar to retirement credit.--Section 12732(b) of title 10, United States Code, is amended by inserting after paragraph (7) the following new paragraph: ``(8) Participation, through electronic means, in the screening performed pursuant to section 10149 of this title, regardless of whether or not a stipend is paid under section 433(b) of title 37 for such participation.''. SEC. 632. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED FORCES TRAVELING IN CONNECTION WITH MEDICAL EVACUATION. Section 1047(a) of title 10, United States Code, is amended by inserting ``and luggage'' after ``civilian clothing'' both places it appears. SEC. 633. MOVING EXPENSES FOR JROTC INSTRUCTORS WHO AGREE TO SERVE IN HARD-TO-FILL POSITIONS. Section 2031(d) of title 10, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): ``(2)(A) An individual so employed may, if the institution concerned so agrees, be reimbursed by the institution for the moving expenses incurred by the individual to fill the position concerned, separate from any other amount paid to the individual. Subject to subparagraph (B), the Secretary concerned may enter into an agreement with such an institution under which the Secretary reimburses the institution for the amount the institution reimburses the individual. Reimbursements by the Secretary concerned under this paragraph shall be made from funds appropriated for that purpose. ``(B) Such a reimbursement by the Secretary concerned may be made only if, as determined by the Secretary concerned-- ``(i) the position to be filled by the individual is a hard-to-fill position, based on geographic or economic factors; ``(ii) the individual has entered into a written agreement with the institution to serve in that position for at least two years; and ``(iii) making the reimbursement is in the national interest.''. SEC. 634. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF MEMBERS ON CHANGE OF PERMANENT STATION TO OR FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL UNITED STATES. (a) Authority to Transport Additional Motor Vehicle.-- Subsection (a) of section 2634 of title 10, United States Code, is amended-- (1) by striking the sentence following paragraph (4); (2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively; (3) by inserting ``(1)'' after ``(a)''; and (4) by adding at the end the following new paragraph: ``(2) One additional motor vehicle of a member (or a dependent of the member) may be transported as provided in paragraph (1) if-- ``(A) the member is ordered to make a change of permanent station to or from a nonforeign area outside the continental United States and the member has at least one dependent of driving age who will use the motor vehicle; or ``(B) the Secretary concerned determines that a replacement for the motor vehicle transported under paragraph (1) is necessary for reasons beyond the control of the member and is in the interest of the United States and the Secretary approves the transportation in advance.''. (b) Technical and Conforming Amendments.--Such subsection is further amended-- (1) by striking ``his dependents'' and inserting ``a dependent of the member''; (2) by striking ``him'' and inserting ``the member''; (3) by striking ``his)'' and inserting ``the member)''; (4) by striking ``his new'' and inserting ``the member's new''; and (5) in paragraph (1)(C), as redesignated by subsection (a), by striking ``clauses (1) and (2)'' and inserting ``subparagraphs (A) and (B)''. (c) Effective Date.--Paragraph (2)(A) of subsection (a) of section 2634 of title 10, United States Code, as added by subsection (a)(4), shall apply with respect to orders issued on or after the date of the enactment of this Act for members of the Armed Forces to make a change of permanent station to or from nonforeign areas outside the continental United States. SEC. 635. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN SELECTED RESERVE MEMBERS. (a) Payment of Travel Costs Authorized.--Chapter 7 of title 37, United States Code, is amended by inserting after section 408 the following new section: ``Sec. 408a. Travel and transportation allowances: inactive duty training or unit training assembly outside of commuting distance of duty station ``(a) Allowance Authorized.--Under regulations prescribed by the Secretary concerned, if a member of the Selected Reserve who occupies a specialty designated by the Secretary for purposes of this section performs inactive duty training or attends a unit training assembly outside of the commuting limits of the member's station for the purpose of maintaining mission readiness, the Secretary may reimburse the member for travel expenses in an amount not to exceed $300 for the training or assembly. ``(b) Duration of Authority.--Reimbursement may not be provided under this section for travel costs incurred before October 1, 2008, or after December 31, 2014.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 408 the following new item: ``408a. Travel and transportation allowances: inactive duty training or unit training assembly outside of commuting distance of duty station.''. Subtitle D--Retired Pay and Survivor Benefits SEC. 641. DISREGARDING PERIODS OF CONFINEMENT OF MEMBER IN DETERMINING BENEFITS FOR DEPENDENTS WHO ARE VICTIMS OF ABUSE BY THE MEMBER. Section 1408(h)(10) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) In determining under paragraph (2)(A) whether a member of the armed forces became eligible to be retired from the armed forces on the basis of years of service so that a spouse or dependent child of the member is eligible to receive payment under this subsection, the Secretary concerned shall consider as creditable service by the member any periods of confinement served by the member before convening authority action on the record of trial related to the misconduct that resulted in the termination of the eligibility of the member to receive retired pay.''. SEC. 642. CONTINUATION OF AUTHORITY FOR MEMBERS OF THE ARMED FORCES TO DESIGNATE A RECIPIENT FOR A PORTION OF THE DEATH GRATUITY. Effective as of October 1, 2007, subsection (d) of section 1477 of title 10, United States Code, as [[Page H5183]] amended by section 1316 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, is amended by striking ``During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person'' and inserting ``A person''. SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. (a) Limitation on Recoupment; Notification Requirements.-- Section 1450(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(3) Limitation on recoupment of offset amount.--Any amount subject to offset under this subsection that was previously paid to the surviving spouse or former spouse shall be recouped only to the extent that the amount paid exceeds any amount to be refunded under subsection (e). In notifying a surviving spouse or former spouse of the recoupment requirement, the Secretary shall provide the spouse or former spouse-- ``(A) a single notice of the net amount to be recouped or the net amount to be refunded, as applicable, under this subsection or subsection (e); ``(B) a written explanation of the statutory requirements for recoupment of the offset amount and for refund of any applicable amount deducted from retired pay; ``(C) a detailed accounting of how the offset amount being recouped and retired pay deduction amount being refunded were calculated; and ``(D) contact information for a person who can provide information about the offset recoupment and retired pay deduction refund processes and answer questions the surviving spouse or former spouse may have about the requirements, processes, or amounts.''. (b) Application.--Paragraph (3) of subsection (c) of section 1450 of title 10, United States Code, as added by subsection (a), shall apply with respect to the recoupment on or after April 1, 2008, of amounts subject to offset under such subsection. SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. (a) Provision of Allowance.--Section 1450 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(m) Special Survivor Indemnity Allowance.-- ``(1) Provision of allowance.--The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to the surviving spouse or former spouse of a member of the uniformed services to whom section 1448 of this title applies if-- ``(A) the surviving spouse or former spouse is entitled to dependency and indemnity compensation under section 1311(a) of title 38; and ``(B) the eligibility of the surviving spouse or former spouse for an annuity under section 1448 of this title is affected by subsection (c) of this section. ``(2) Amount of payment.--The amount of the allowance paid to an eligible survivor under paragraph (1) for a month shall be equal to the lesser of-- ``(A) $40; or ``(B) the amount of the annuity for that month subject to offset under subsection (c). ``(3) Status of payments.--An allowance paid under this subsection does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law. ``(4) Source of funds.--The special survivor indemnity allowance shall be paid from amounts in the Department of Defense Military Retirement Fund established under section 1461 of this title.''. (b) Effective Date.--Subsection (m) of section 1450 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2008, and shall apply to the month beginning on that date and subsequent months through the month ending on February 28, 2016. Effective on March 1, 2016, such subsection shall terminate. No special survivor indemnity allowance may be paid to any person by reason of such subsection for any period before October 1, 2008. SEC. 645. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES WITH FEWER THAN 20 YEARS OF CREDITABLE SERVICE. (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 through the end of paragraph (1) and inserting the following: ``who-- ``(1) is entitled to retired pay (other than by reason of section 12731b of this title); and''. (b) Computation.--Subsection (b) of such section is amended-- (1) in paragraph (1), by striking ``In the case of'' and inserting ``Subject to paragraph (4), in the case of''; and (2) by adding at the end the following new paragraph: ``(4) Chapter 61 disability 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 at least 15 years of creditable service, but fewer than 20 years of creditable service, and who receives veterans disability compensation for a disability rated at least 60 percent, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which-- ``(A) the amount of the member's retired pay under chapter 61 of this title; exceeds ``(B) 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 October 1, 2008, and shall apply to payments for the month beginning on that date and subsequent months through the month ending on September 30, 2015. Effective on October 1, 2015, the amendments made by this section shall terminate and subsection (c) of section 1413a of title 10, United States Code, shall be amended to appear as it did on September 30, 2008. Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits SEC. 651. ACCESS TO DEFENSE COMMISSARY AND EXCHANGE SYSTEM BY SURVIVING SPOUSE AND DEPENDENTS OF CERTAIN DISABLED VETERANS. (a) Revision of Regulations and Instructions.--The Secretary of Defense shall revise the regulations and instructions described in subsection (b) as necessary to ensure access to the Defense Commissary and Exchange System by the surviving spouse and dependents of a veteran who had a service-connected disability rated at 100 percent (total), based on an application submitted by the veteran, although the disability rating was awarded posthumously. Such access shall be provided in the same manner and to the same extent as other surviving spouses and dependents covered by such regulations and instructions. (b) Covered Regulations and Instructions.--The regulations and instructions referred to in subsection (a) are the following: (1) Armed Services Commissary Regulations (DoD Regulations 1330.17-R, April 1987). (2) Armed Services Exchange Regulations (DoD Instruction 1330.21, July, 14, 2005). (3) The instruction pertaining to identification cards (ID) cards for members of the uniformed services, their dependents, and other eligible individuals (DoD Instruction 1000.13, December 5, 1997). SEC. 652. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE ARMED FORCES. (a) Resumption for Members Involuntarily Separated From Active Duty.--Section 1146 of title 10, United States Code, is amended-- (1) by inserting ``(a) Members Involuntarily Separated From Active Duty.--'' before ``The Secretary of Defense''; (2) in the first sentence, by striking ``October 1, 1990, and ending on December 31, 2001'' and inserting ``October 1, 2007, and ending on December 31, 2012''; and (3) in the second sentence, by striking ``the period beginning on October 1, 1994, and ending on December 31, 2001'' and inserting ``the same period''. (b) Extension to Members Involuntarily Separated From Selected Reserve.--Such section is further amended by adding at the end the following new subsection: ``(b) Members Involuntarily Separated From Selected Reserve.--The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2012, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary of Homeland Security shall implement this provision for Coast Guard members involuntarily separated during the same period.''. SEC. 653. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES OF EXECUTIVE BRANCH INSTRUMENTALITIES TO COLLECT INDEBTEDNESS TO THE UNITED STATES. (a) Coverage of Executive Branch Instrumentalities.-- Section 5514(a)(5)(B) of title 5, United States Code, is amended by striking ``judicial'' and inserting ``executive, judicial,'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to debt incurred before, on, or after that date. Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES. (a) Consolidation.--Chapter 5 of title 37, United States Code, is amended-- (1) by inserting before section 301 the following subchapter heading: ``SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES''; and (2) by adding at the end the following new subchapters: ``SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES ``Sec. 331. General bonus authority for enlisted members ``(a) Authority to Provide Bonus.--The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who-- ``(1) enlists in an armed force; ``(2) enlists in or affiliates with a reserve component of an armed force; ``(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve-- ``(A) for a specified period in a designated career field, skill, or unit of an armed force; or [[Page H5184]] ``(B) under other conditions of service in an armed force; ``(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force; or ``(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring. ``(b) Service Eligibility.--A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)-- ``(1) to serve for a specified period in a designated career field, skill, unit, or grade; or ``(2) to meet some other condition of service imposed by the Secretary concerned. ``(c) Maximum Amount and Method of Payment.-- ``(1) Maximum amount.--The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that-- ``(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $50,000 for a minimum two-year period of obligated service agreed to under subsection (d); and ``(B) a bonus paid under paragraph (3), (4), or (5) of subsection (a) may not exceed $40,000 for a minimum one-year period of obligated service agreed to under subsection (d). ``(2) Lump sum or installments.--A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. ``(3) Fixing bonus amount.--Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. ``(d) Written Agreement.--To receive a bonus under this section, a person or member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies-- ``(1) the amount of the bonus; ``(2) the method of payment of the bonus under subsection (c)(2); ``(3) the period of obligated service; and ``(4) the type or conditions of the service. ``(e) Relationship to Other Pay and Allowances.--A bonus paid to a person or member under this section is in addition to any other pay and allowance to which a member is entitled. ``(f) Relationship to Prohibition on Bounties.--A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10. ``(g) Repayment.--A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title. ``(h) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; and ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy. ``Sec. 332. General bonus authority for officers ``(a) Authority to Provide Bonus.--The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who-- ``(1) accepts a commission or appointment as an officer in a uniformed service; ``(2) affiliates with a reserve component of a uniformed service; ``(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service; ``(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service; or ``(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring. ``(b) Service Eligibility.--A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)-- ``(1) to serve for a specified period in a designated career field, skill, unit, or grade; or ``(2) to meet some other condition of service imposed by the Secretary concerned. ``(c) Maximum Amount and Method of Payment.-- ``(1) Maximum amount.--The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that-- ``(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d); and ``(B) a bonus paid under paragraph (3), (4), or (5) of subsection (a) may not exceed $50,000 for each year of obligated service agreed to under subsection (d). ``(2) Lump sum or installments.--A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. ``(3) Fixing bonus amount.--Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. ``(d) Written Agreement.--To receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies-- ``(1) the amount of the bonus; ``(2) the method of payment of the bonus under subsection (c)(2); ``(3) the period of obligated service; and ``(4) the type or conditions of the service. ``(e) Relationship to Other Pay and Allowances.--The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which an officer is entitled. ``(f) Repayment.--A person or officer who receives a bonus under this section who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title. ``(g) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ``(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ``Sec. 333. Special bonus and incentive pay authorities for nuclear officers ``(a) Nuclear Officer Bonus.--The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who-- ``(1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; or ``(2) has the current technical and operational qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. ``(b) Nuclear Officer Incentive Pay.--The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who-- ``(1) is entitled to basic pay under section 204 of this title; and ``(2) remains on active duty for a specified period while maintaining current technical and operational qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants. ``(c) Additional Eligibility Criteria.--The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay as the Secretary determines to be appropriate. ``(d) Maximum Amount and Method of Payment.-- ``(1) Maximum amount.--The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or incentive pay to be paid under this section, except that such payments may not exceed $60,000 for each 12-month period of the agreement or 12-month period of qualifying service. ``(2) Lump sum or installments.--A nuclear officer bonus or incentive pay under this section may be paid in a lump sum or in periodic installments. ``(e) Written Agreement for Bonus.-- ``(1) Agreement required.--To receive a nuclear officer bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies-- ``(A) the amount of the bonus; ``(B) the method of payment of the bonus under subsection (d)(2); ``(C) the period of obligated service; and ``(D) the type or conditions of the service. ``(2) Replacement agreement.--An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the existing agreement, if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officer's existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased. ``(f) Relationship to Other Pay and Allowances.--A nuclear officer bonus or incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service. ``(g) Repayment.--The person or officer who receives a nuclear officer bonus or incentive pay under this section who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service, for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title. [[Page H5185]] ``(h) Regulations.--This section shall be administered under regulations prescribed by the Secretary of the Navy. ``Sec. 334. Special aviation incentive pay and bonus authorities for officers ``(a) Aviation Incentive Pay.--The Secretary concerned may pay aviation incentive pay under this section to a regular or reserve component officer of a uniformed service who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; ``(2) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty; ``(3) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty; ``(4) engages in or remains in aviation service for a specified period; and ``(5) meets such other criteria as the Secretary concerned determines appropriate. ``(b) Aviation Bonus.--The Secretary concerned may pay an aviation bonus under this section to a regular or reserve component officer of a uniformed service who-- ``(1) is entitled to aviation incentive pay under subsection (a); ``(2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment; ``(3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component in aviation service for at least one year; and ``(4) meets such other criteria as the Secretary concerned determines appropriate. ``(c) Maximum Amount and Method of Payment.-- ``(1) Maximum amount.--The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that-- ``(A) aviation incentive pay shall be paid at a monthly rate, not to exceed $850 per month; and ``(B) an aviation bonus may not exceed $25,000 for each 12- month period of obligated service agreed to under subsection (d). ``(2) Lump sum or installments.--A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. ``(3) Fixing bonus amount.--Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed. ``(d) Written Agreement for Bonus.--To receive an aviation officer bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies-- ``(1) the amount of the bonus; ``(2) the method of payment of the bonus under subsection (c)(2); ``(3) the period of obligated service; and ``(4) the type or conditions of the service. ``(e) Reserve Component Officers Performing Inactive Duty Training.--A reserve component officer who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 for inactive-duty training. ``(f) Relationship to Other Pay and Allowances.-- ``(1) Aviation incentive pay.--Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 351(a)(4) or 353 of this title for the same skill and period of service. ``(2) Aviation bonus.--An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 332 or 353 of this title for the same skill and period of service. ``(g) Repayment.--An officer who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title. ``(h) Definitions.--In this section: ``(1) The term `aviation service' means service performed by a regular or reserve component officer (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation. ``(2) The term `operational flying duty' means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation. ``(3) The term `proficiency flying duty' means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. ``(4) The term `officer' includes an individual enlisted and designated as an aviation cadet under section 6911 of title 10, United States Code. ``(i) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; and ``(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ``Sec. 335. Special bonus and incentive pay authorities for officers in health professions ``(a) Health Professions Bonus.--The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who-- ``(1) accepts a commission or appointment as a regular or reserve component officer in a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession; or ``(2) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. ``(b) Health Professions Incentive Pay.--The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and ``(2) is serving on active duty or in an active status in a designated health profession specialty or skill. ``(c) Board Certification Incentive Pay.--The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and ``(2) is board certified in a designated health profession specialty or skill; and ``(3) is serving on active duty or in an active status in such designated health profession specialty or skill. ``(d) Additional Eligibility Criteria.--The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate. ``(e) Maximum Amount and Method of Payment.-- ``(1) Maximum amount.--The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that-- ``(A) a health professions bonus may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f); ``(B) health professions incentive pay may not exceed $100,000 in any 12-month period, and it may be paid monthly; and ``(C) board certification incentive pay may not exceed $25,000 per 12-month period an officer remains certified in the designated health profession specialty or skill. ``(2) Lump sum or installments.--A bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned. ``(3) Fixing bonus amount.--Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the bonus to be paid under the agreement shall be fixed. ``(f) Written Agreement for Bonus.--To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies-- ``(1) the amount of the bonus; ``(2) the method of payment of the bonus under subsection (e)(2); ``(3) the period of obligated service; ``(4) whether the service will be performed on active duty or in an active status in a reserve component; and ``(5) the type or conditions of the service. ``(g) Reserve Component Officers.--An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to compensation under sections 204 of this title or compensation under section 206 of this title may be paid a monthly amount of incentive pay that is proportionate to the basic pay or compensation received under this title. ``(h) Relationship to Other Pay and Allowances.-- ``(1) Health professions bonus.--A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 332 of this title for the same period of obligated service. ``(2) Health professions incentive pay.--Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service. ``(3) Board certification incentive pay.--Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) of this title for the same skill and period of service covered by the certification. [[Page H5186]] ``(i) Repayment.--An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title. ``(j) Health Profession Defined.--In this section, the term `health profession' means: ``(1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer. ``(2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer. ``(3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer. ``(4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist. ``(5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse. ``(6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer. ``(7) Any health profession performed by officers designated as a physician assistant. ``(8) Any health profession performed by officers in the regular or reserve corps of the Public Health Service. ``(k) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; and ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service. ``Sec. 351. Hazardous duty pay ``(a) Hazardous Duty Pay.--The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who-- ``(1) performs duty in a hostile fire area designated by the Secretary concerned; ``(2) is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action; ``(3) is on duty during a month in an area in which an event described in paragraph (2) occurred which placed the member in grave danger of physical injury; ``(4) performs duty the Secretary concerned has designated as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; or ``(5) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions. ``(b) Maximum Amount.--The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows: ``(1) In the case of a member who performs duty in a designated hostile fire area, as described in paragraph (1) of such subsection, hazardous duty pay may not exceed $450 per month. ``(2) In the case of a member who is exposed to a hostile fire event or is on duty in an area in which such an event occurred which placed the member in grave danger of physical injury, as described in paragraph (2) or (3) of such subsection, hazardous duty pay may not exceed $450 per month. ``(3) In the case of a member who performs a designated hazardous duty, as described in paragraph (4) of such subsection, hazardous duty pay may not exceed $250 per month. ``(4) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in paragraph (5) of such subsection, hazardous duty pay may not exceed $250 per month. ``(c) Method of Payment.--Hazardous duty pay shall be paid on a monthly basis. A member who is eligible for hazardous duty pay by reason of paragraph (1), (2), or (3) of subsection (a) shall receive the full monthly rate of hazardous duty pay authorized by the Secretary concerned under such paragraph, notwithstanding subsection (d). ``(d) Reserve Component Members Performing Inactive Duty Training.--A member of a reserve component entitled to compensation under section 206 of this title who is authorized hazardous duty pay under this section may be paid an amount of hazardous duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training. ``(e) Administration and Retroactive Payments.--The effective date for a hostile fire area designation, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (5) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned. ``(f) Determination of Fact.--Any determination of fact that is made in administering paragraph (2) or (3) of subsection (a) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. ``(g) Relationship to Other Pay and Allowances.--A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed under subsection (j) shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (4) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or 5 of such subsection, that is performed by a member during a single month of service. ``(h) Prohibition on Variable Rates.--The regulations prescribed under subsection (j) may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members. ``(i) Repayment.--A member who receives the hazardous duty pay authorized under this section and who fails to meet the eligibility requirements under subsection (a) shall be subject to the repayment provisions of section 373 of this title. ``(j) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ``(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ``Sec. 352. Assignment pay or special duty pay ``(a) Assignment or Special Duty Pay Authorized.--The Secretary concerned may pay assignment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and ``(2) performs duties in an assignment, location, or unit designated by, and under the conditions of service specified by, the Secretary concerned. ``(b) Maximum Amount and Method of Payment.-- ``(1) Lump sum or installments.--Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned. ``(2) Maximum monthly amount.--The maximum monthly amount of assignment or special duty pay may not exceed $5,000. ``(3) Maximum lump sum amount.--The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of-- ``(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); and ``(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement. ``(4) Maximum installment amount.--The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to-- ``(A) the product of-- ``(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; and ``(ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided by ``(B) the number of installments over such period. ``(5) Effect of extension.--If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection. ``(c) Written Agreement.-- ``(1) Discretionary for monthly payments.--The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay. ``(2) Required for lump sum or installment payments.--The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment. ``(d) Reserve Component Members Performing Inactive Duty Training.--A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training. ``(e) Relationship to Other Pay and Allowances.--Assignment or special duty pay [[Page H5187]] paid to a member under this section is in addition to any other pay and allowances to which a member is entitled. ``(f) Repayment.--A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) shall be subject to the repayment provisions of section 373 of this title. ``(g) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ``(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ``Sec. 353. Skill incentive pay or proficiency bonus ``(a) Skill Incentive Pay.--The Secretary concerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and ``(2) serves in a career field or skill designated as critical by the Secretary concerned. ``(b) Skill Proficiency Bonus.--The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who-- ``(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and ``(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned. ``(c) Maximum Amounts and Methods of Payment.-- ``(1) Skill incentive pay.--Skill incentive pay shall be in paid monthly in an amount not exceed $1,000 per month. ``(2) Proficiency bonus.--A proficiency bonus may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $12,000 per 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members. ``(d) Certified Proficiency for Proficiency Bonus.-- ``(1) Certification required.--Proficiency in a designated critical skill shall be subject to annual certification by the Secretary concerned. ``(2) Duration of certification.--A certification period shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date. ``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the regulations prescribed under subsection (i) shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2). ``(e) Written Agreement.-- ``(1) Discretionary for skill incentive pay.--The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay. The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay. ``(2) Required for proficiency bonus.--The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus. The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus. ``(f) Reserve Component Members Performing Inactive Duty Training.-- ``(1) Proration.--A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) may be paid an amount of skill incentive pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training. ``(2) Exception for foreign language proficiency.--No reduction in the amount of skill incentive pay may be made under paragraph (1) in the case of a member of a reserve component who is authorized skill incentive pay because of the member's proficiency in a foreign language. ``(g) Repayment.--A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title. ``(h) Relationship to Other Pays and Allowances.--A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that the member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351(a)(4) of this title for the same period of service in the same career field or skill. ``(i) Regulations.--This section shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ``(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. ``SUBCHAPTER III--GENERAL PROVISIONS ``Sec. 371. Relationship to other incentives and pays ``(a) Treatment.--A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is entitled, unless otherwise provided under this chapter. ``(b) Exception.--A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service. ``(c) Relationship to Other Computations.--The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of-- ``(1) any increase in pay authorized by any other provision of this title; or ``(2) any retired pay, retainer pay, separation pay, or disability severance pay. ``Sec. 372. Continuation of pays during hospitalization for wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action ``(a) Continuation of Pays.--Notwithstanding any other provision of law, the Secretary concerned may continue to pay all pay and allowances to a member of a regular or reserve component of a uniformed service, including any bonus, incentive pay, or similar benefit, if the member-- ``(1) incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title; and ``(2) is hospitalized for treatment of such wound, injury, or illness. ``(b) Duration.--The continuation of pay and allowances of a member under subsection (a) shall expire at the end of the first month during which the member is no longer hospitalized for treatment. ``(c) Definitions.--In this section: ``(1) The term `hospitalized for treatment', with respect to a member, means the member-- ``(A) is admitted as an inpatient in a military treatment facility; or ``(B) is residing in quarters or in a facility affiliated with the military health care system for the purposes of receiving extensive outpatient rehabilitation or other medical care. ``(2) The term `bonus, incentive pay, or similar benefit' means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under this title or title 10. ``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met ``(a) Repayment.--Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement. ``(b) Exceptions.--The regulations prescribed to administer this section may specify procedures for determining the circumstances under which an exception to the required repayment may be granted. ``(c) Effect of Bankruptcy.--An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after-- ``(1) the date of the termination of the agreement or contract on which the debt is based; or ``(2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based. ``(d) Definitions.--In this section: ``(1) The term `bonus, incentive pay, or similar benefit' means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or section 303a(e) of this title. ``(2) The term `service' refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned-- ``(A) to a regular or reserve component member who remains on active duty or in an active status; ``(B) to perform duty in a specified skill, with or without a specified qualification or credential; ``(C) to perform duty in a specified assignment, location or unit; or ``(D) to perform duty for a specified period of time. ``Sec. 374. Regulations ``This subchapter shall be administered under regulations prescribed by-- ``(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense; [[Page H5188]] ``(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy; ``(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and ``(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.''. (b) Transfer of 15-Year Career Status Bonus to Subchapter II.-- (1) Transfer.--Section 322 of title 37, United States Code, is transferred to appear after section 353 of subchapter II of chapter 5 of such title, as added by subsection (a), and is redesignated as section 354. (2) Conforming amendment.--Subsection (f) of such section, as so transferred and redesignated, is amended by striking ``section 303a(e)'' and inserting ``section 373''. (3) Cross references.--Sections 1401a, 1409(b)(2), and 1410 of title 10, United States Code, are amended by striking ``section 322'' each place it appears and inserting ``section 322 or 354''. (c) Transfer of Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units.-- (1) Transfer.--Section 323 of title 37, United States Code, as amended by sections 614(e) and 621, is transferred to appear after section 354 of subchapter II of chapter 5 of such title, as transferred and redesignated by subsection (b)(1), and is redesignated as section 355. (2) Conforming amendment.--Subsection (g) of such section, as so transferred and redesignated, is amended by striking ``section 303a(e)'' and inserting ``section 373''. (d) Clerical Amendments.--The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended to read as follows: ``subchapter i--existing special pay, incentive pay, and bonus authorities ``Sec. ``301. Incentive pay: hazardous duty. ``301a. Incentive pay: aviation career. ``301b. Special pay: aviation career officers extending period of active duty. ``301c. Incentive pay: submarine duty. ``301d. Multiyear retention bonus: medical officers of the armed forces. ``301e. Multiyear retention bonus: dental officers of the armed forces. ``302. Special pay: medical officers of the armed forces. ``302a. Special pay: optometrists. ``302b. Special pay: dental officers of the armed forces. ``302c. Special pay: psychologists and nonphysician health care providers. ``302d. Special pay: accession bonus for registered nurses. ``302e. Special pay: nurse anesthetists. ``302f. Special pay: reserve, recalled, or retained health care officers. ``302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties. ``302h. Special pay: accession bonus for dental officers. ``302i. Special pay: pharmacy officers. ``302j. Special pay: accession bonus for pharmacy officers. ``302k. Special pay: accession bonus for medical officers in critically short wartime specialties. ``302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties. ``303. Special pay: veterinarians. ``303a. Special pay: general provisions. ``303b. Waiver of board certification requirements. ``304. Special pay: diving duty. ``305. Special pay: hardship duty pay. ``305a. Special pay: career sea pay. ``305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team. ``306. Special pay: officers holding positions of unusual responsibility and of critical nature. ``306a. Special pay: members assigned to international military headquarters. ``307. Special pay: special duty assignment pay for enlisted members. ``307a. Special pay: assignment incentive pay. ``308. Special pay: reenlistment bonus. ``308b. Special pay: reenlistment bonus for members of the Selected Reserve. ``308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. ``308d. Special pay: members of the Selected Reserve assigned to certain high priority units. ``308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve. ``308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve. ``308i. Special pay: prior service enlistment bonus. ``308j. Special pay: affiliation bonus for officers in the Selected Reserve. ``309. Special pay: enlistment bonus. ``310. Special pay: duty subject to hostile fire or imminent danger. ``312. Special pay: nuclear-qualified officers extending period of active duty. ``312b. Special pay: nuclear career accession bonus. ``312c. Special pay: nuclear career annual incentive bonus. ``314. Special pay or bonus: qualified members extending duty at designated locations overseas. ``315. Special pay: engineering and scientific career continuation pay. ``316. Special pay: bonus for members with foreign language proficiency. ``317. Special pay: officers in critical acquisition positions extending period of active duty. ``318. Special pay: special warfare officers extending period of active duty. ``319. Special pay: surface warfare officer continuation pay. ``320. Incentive pay: career enlisted flyers. ``321. Special pay: judge advocate continuation pay. ``324. Special pay: accession bonus for new officers in critical skills. ``325. Incentive bonus: savings plan for education expenses and other contingencies. ``326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage. ``327. Incentive bonus: transfer between armed forces. ``328. Combat-related injury rehabilitation pay. ``329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. ``330. Special pay: accession bonus for officer candidates. ``subchapter ii--consolidation of special pay, incentive pay, and bonus authorities ``331. General bonus authority for enlisted members. ``332. General bonus authority for officers. ``333. Special bonus and incentive pay authorities for nuclear officers. ``334. Special aviation incentive pay and bonus authorities for officers. ``335. Special bonus and incentive pay authorities for officers in health professions. ``351. Hazardous duty pay. ``352. Assignment pay or special duty pay. ``353. Skill incentive pay or proficiency bonus. ``354. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986. ``355. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units. ``subchapter iii--general provisions ``371. Relationship to other incentives and pays. ``372. Continuation of pays during hospitalization for wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. ``373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met. ``374. Regulations.''. SEC. 662. TRANSITIONAL PROVISIONS. (a) Implementation Plan.-- (1) Development.--The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for members of the uniformed services solely to provisions of such subchapters. (2) Submission.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit the implementation plan to the congressional defense committees. (b) Transition Period.--During a transition period of not more than 10 years beginning on the date of the enactment of this Act, the Secretary of Defense, the Secretary of a military department, and the Secretaries referred to in subsection (c) may continue to use the authorities in provisions in subchapter I of chapter 5 of title 37, United States Code, as designated by section 661(a), but subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan, to provide bonuses and special and incentive pays for members of the uniformed services. (c) Coordination.--The Secretary of Defense shall prepare the implementation plan in coordination with-- (1) the Secretary of Homeland Security, with respect to the Coast Guard; (2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; and (3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration. (d) No Effect on Fiscal Year 2008 Obligations.--During fiscal year 2008, obligations incurred under subchapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bonuses, incentive pays, special pays, and similar payments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section. Subtitle G--Other Matters SEC. 671. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE SELECTED RESERVE. (a) Additional Educational Loans Eligible for Repayment.-- Paragraph (1) of subsection (a) of section 16301 of title 10, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (3) by 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; [[Page H5189]] ``(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 that State, and approved by the Secretary for purposes of this section.''. (b) Participation of Officers in Program.--Such subsection is further amended-- (1) in paragraph (2)-- (A) by striking ``Except as provided in paragraph (3), the Secretary'' and inserting ``The Secretary''; and (B) by striking ``an enlisted member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and military specialty'' and inserting ``a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty''; and (2) by striking paragraph (3). (c) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 16301. Education loan repayment program: members of Selected Reserve''. (2) Table of sections.--The table of sections at the beginning of chapter 1609 of such title is amended by striking the item relating to section 16301 and inserting the following new item: ``16301. Education loan repayment program: members of Selected Reserve.''. SEC. 672. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND CHILDREN. Section 284 of the Immigration and Nationality Act (8 U.S.C. 1354) is amended-- (1) by striking ``Nothing'' and inserting ``(a) Nothing''; and (2) by adding at the end the following new subsection: ``(b) In the case of a person lawfully admitted for permanent residence who is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member (in marital union if a spouse), such residence and physical presence abroad shall not be treated as-- ``(1) an abandonment or relinquishment of lawful permanent resident status for purposes of section 101(a)(13)(C)(i); or ``(2) an absence from the United States for purposes of section 101(a)(13)(C)(ii).''. SEC. 673. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN. (a) Spouses.--Section 319 of the Immigration and Nationality Act (8 U.S.C. 1430) is amended by adding at the end the following new subsection: ``(e)(1) In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a), as residence and physical presence in-- ``(A) the United States; and ``(B) any State or district of the Department of Homeland Security in the United States. ``(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings oversees pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).''. (b) Children.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended by adding at the end the following new subsection: ``(d) In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member-- ``(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States; ``(2) subsection (a)(5) shall not apply; and ``(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a).''. (c) Overseas Naturalization Authority.--Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 8 U.S.C. 1443a) is amended-- (1) in the subsection heading, by inserting ``and Their Spouses and Children'' after ``Forces''; and (2) by inserting ``, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,'' after ``Armed Forces''. (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date. TITLE VII--HEALTH CARE PROVISIONS Sec. 701. Extension of prohibition on increases in certain health care costs for members of the uniformed services. Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. Sec. 703. Fair pricing under pharmacy benefits program. Sec. 704. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. Sec. 705. Establishment of Nurse Practitioner Program. Sec. 706. Services of mental health counselors. Sec. 707. Extension of pilot program for health care delivery. Sec. 708. Stipend for members of Reserve Components for health care for certain dependents. Sec. 709. Joint Pathology Center. Sec. 710. Report on training in preservation of remains under combat or combat-related conditions. Sec. 711. Pre- and post-deployment assessments for the purpose of determining the cognitive functioning and brain health of deployed members of the Armed Forces. Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Extension of Prohibition on Increase in Charges Under Contracts for Medical Care.--Section 1097(e) of title 10, United States Code, is amended by striking ``2007'' and inserting ``2008''. (b) Extension of Prohibition in Increase in Charges for Inpatient Care.--Section 1086(b)(3) of title 10, United States Code, is amended by striking ``2007.'' and inserting ``2008''. (c) Extension of Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 10, United States Code, is amended by striking ``2007'' and inserting ``2008''. (d) Extension of Prohibition on Increase in Premiums Under TRICARE Coverage for Members of the Ready Reserve.--Section 1076b(e)(3) of title 10, United States Code, is amended by striking ``2007'' and inserting ``2008''. SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. During the period beginning on October 1, 2007, and ending on September 30, 2008, the cost sharing requirements established under paragraph (6) of section 1074g(a) of title 10, United States Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not exceed amounts as follows: (1) In the case of generic agents, $3. (2) In the case of formulary agents, $9. (3) In the case of nonformulary agents, $22. SEC. 703. FAIR PRICING UNDER PHARMACY BENEFITS PROGRAM. Section 1074g(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(9)(A) In carrying out this subsection, the Secretary may, to the extent recommended by the Pharmacy and Therapeutics Committee in the course of reviewing any therapeutic class of pharmaceutical agents, exclude from the pharmacy benefits program any pharmaceutical agent that is not provided to the Secretary consistent with the pricing standard set forth subparagraph (B). ``(B) The pricing standard referred to in subparagraph (A) is that the price of any pharmaceutical agent made available to beneficiaries through all the means described in paragraph (2)(E) shall be the same as, or lower than, the price of the agent under section 8126 of title 38, United States Code.''. SEC. 704. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS. (a) Prohibition.--The Secretary of a military department may not convert any military medical or dental position to a civilian medical or dental position on or after October 1, 2007. (b) Report.-- (1) Requirement.--The Secretary of Defense shall submit to the congressional defense committees a report on conversions made during fiscal year 2007 not later than 180 days after the enactment of this Act. (2) Matters covered.--The report shall include the following: (A) The number of military medical or dental positions, by grade or band and specialty, converted to civilian medical or dental positions. (B) The results of a market survey in each affected area of the availability of civilian medical and dental care providers in such area in order to determine whether there were civilian medical and dental care providers available in such area adequate to fill the civilian positions created by the conversion of military medical and dental positions to civilian positions in such area. (C) An analysis, by affected area, showing the extent to which access to health care and cost of health care was affected in both the direct care and purchased care systems, including an assessment of the effect of any increased shifts in patient load from the direct care to the purchased care system, or any delays in receipt of care in either the direct or purchased care system because of the conversions. (D) The extent to which military medical and dental positions converted to civilian medical or dental positions affected recruiting and retention of uniformed medical and dental personnel. (E) A comparison of the full costs for the military medical and dental positions converted with the full costs for civilian medical and dental positions, including expenses such as recruiting, salary, benefits, training, and any other costs the Department identifies. [[Page H5190]] (F) An assessment showing that the military medical or dental positions converted were in excess of the military medical and dental positions needed to meet medical and dental readiness requirements of the uniformed services, as determined jointly by all the uniformed services. (c) Definitions.--In this section: (1) The term ``military medical or dental position'' means a position for the performance of health care functions within the Armed Forces held by a member of the Armed Forces. (2) The term ``civilian medical or dental position'' means a position for the performance of health care functions within the Department of Defense held by an employee of the Department or of a contractor of the Department. (3) The term ``uniformed services'' has the meaning given that term in section 1072(1) of title 10, United States Code. (4) The term ``conversion,'' with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the manning authorization document of the military department making the change (through a change in designation from military to civilian in the document, the elimination of the listing of the position as a military position in the document, or through any other means indicating the change in the document or otherwise). (d) Repeal.--Section 742 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2306) is repealed. SEC. 705. ESTABLISHMENT OF NURSE PRACTITIONER PROGRAM. The Secretary of Defense shall establish at the Uniformed Services University of the Health Sciences a graduate education program for advanced-practice nursing. The Secretary shall, in consultation with the Secretaries of the military departments, determine programs of instruction leading to designation as a Nurse Practitioner, which shall include, at a minimum, family practice and psychiatric or mental health. The program shall be designed to ensure that graduates of the program are fully eligible to meet credentialing requirements of the military departments and at least one State. SEC. 706. SERVICES OF MENTAL HEALTH COUNSELORS. (a) Reimbursement of Mental Health Counselors Under TRICARE.-- (1) Reimbursement under tricare.--Section 1079(a)(8) of title 10, United States Code, is amended-- (A) by inserting ``or licensed or certified mental health counselors'' after ``certified marriage and family therapists'' both places it appears; and (B) by inserting ``or licensed or certified mental health counselors'' after ``that the therapists.'' (2) Authority to assess medical or psychological necessity of service or supply.--Section 1079(a)(13) of such title is amended by inserting ``, licensed or certified mental health counselor,'' after ``certified marriage and family therapist''. (b) Services of Mental Health Counselors.-- (1) Authority to enter into personal services contracts.-- Section 704(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by inserting ``mental health counselors,'' after ``psychologists,''. (2) Applicability of licensure requirement for health-care professionals.--Section 1094 (e)(2) of title 10, United States Code, is amended by inserting ``mental health counselor,'' after ``psychologist,''. SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY. (a) Extension of Duration of Pilot Program.--Section 721(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 1092 note) is amended by striking ``and 2007'' and inserting ``, 2007, 2008, 2009, and 2010''. (b) Extension of Report Deadline.--Section 721(f) of such Act is amended by striking ``July 1, 2007'' and inserting ``July 1, 2010''. (c) Revision in Selection Criteria.--Section 721(d)(2) of such Act is amended by striking ``expected to increase over the next five years'' and inserting ``has increased over the five years preceding 2008''. (d) Addition to Requirements of Pilot Program.--Section 721(b) of such Act is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period and inserting ``; and'' at the end of paragraph (4); and (3) by adding at the end the following: ``(5) collaborate with State and local authorities to create an arrangement to share and exchange, between the Department of Defense and non-military health care systems, personal health information and data of military personnel and their families.''. SEC. 708. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. The Secretary of Defense may pay a stipend to a member of a reserve component who is called or ordered to active duty for a period of more than 30 days for purposes of maintaining civilian health care coverage for a dependant whom the Secretary determines to possess a special health care need that would be best met by remaining in the member's civilian health plan. In making such determination, the Secretary shall consider whether-- (1) the dependent of the member was receiving treatment for the special health care need before the call or order to active duty of the member; and (2) the call or order to active duty would result in an interruption in treatment or a change in health care provider for such treatment. SEC. 709. JOINT PATHOLOGY CENTER. (a) Establishment.--The Secretary of Defense shall establish a Joint Pathology Center located on 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 shall provide, at a minimum, the following services: (1) Diagnostic pathology consultation in medicine, dentistry, and veterinary sciences. (2) Pathology education, to include graduate medical education, including residency and fellowship programs, and continuing medical education. (3) Diagnostic pathology research. SEC. 710. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR COMBAT-RELATED CONDITIONS. (a) Report Required.--The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the requirements of section 567 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2224; 10 U.S.C. 1481 note). (b) Matters Covered.--The report shall include a detailed description of the implementation of such section, including-- (1) where the training program is taking place; (2) who is providing the training; (3) the number of each type of military health care professional trained to date; and (4) what the training covers. (c) Deadline.--The report required by this section shall be submitted not later than 180 days after the date of the enactment of this Act. SEC. 711. PRE- AND POST-DEPLOYMENT ASSESSMENTS FOR THE PURPOSE OF DETERMINING THE COGNITIVE FUNCTIONING AND BRAIN HEALTH OF DEPLOYED MEMBERS OF THE ARMED FORCES. (a) Establishment.--The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall establish a computer-based program that assesses the cognitive functioning, in a pre- and post- deployment environment, of all members of the armed forces who are deployed in support of the Global War on Terror, including Operation Iraqi Freedom and Operation Enduring Freedom. (b) Minimum Protocol Requirements.-- (1) In general.--The program required by subsection (a) shall include-- (A) administration of computer-based neurocognitive assessments; (B) pre-deployment assessments to establish a neurocognitive baseline for members of the Armed Forces for future treatment; (C) a tool to assess mood states associated with post- traumatic stress syndrome; and (D) a standardized battery of tests to assess traumatic brain injury. (c) Assessments.-- (1) Frequency.--The predeployment assessment to baseline neurocognitive functioning shall be administered within 90 days prior to deployment. The post-deployment assessment shall be administered within 45 days of return from theater. (2) Requirements of assessment.--The computer-based neurocognitive assessments required by subsection (a) shall include the capability to be archived and stored on Department of Defense-based servers for future medical use. (d) Report.--Not later than 9 months after the date of 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 implementation of this section. SEC. 712. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL CENTER. The amount of funds available for the commander of Walter Reed Army Medical Center for a fiscal year shall be not less than the amount expended by the commander of Walter Reed Army Medical Center in fiscal year 2006 until the first fiscal year beginning after the date on which the Secretary of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the expanded facilities at the National Naval Medical Center, Bethesda, Maryland, and DeWitt Army Community Hospital, Fort Belvoir, Virginia, as described in section 304(a), are completed, equipped, and staffed with sufficient capacity to accept and provide at least the same level of care as patients received at Walter Reed Army Medical Center during fiscal year 2006. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management Sec. 801. Definition of commercial services. Sec. 802. Acquisition workforce provisions. Sec. 803. Guidance on defense procurements made through contracts of other agencies. Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. Sec. 805. Prohibition on procurement from companies in violation of the Iran and Syria Nonproliferation Act. Sec. 806. Lead systems integrators. Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions. Sec. 808. Reinvestment in domestic sources of strategic materials. Sec. 809. Clarification of the protection of strategic materials critical to national security. [[Page H5191]] Sec. 810. Debarment of contractors convicted of criminal violations of the Arms Export Control Act. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition of a commercial item. Sec. 812. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items. Sec. 813. Plan for restricting Government-unique contract clauses on commercial contracts. Sec. 814. Extension of authority for use of simplified acquisition procedures for certain commercial items. Sec. 815. Extension of authority to fill shortage category positions for certain federal acquisition positions. Sec. 816. Extension of authority to carry out certain prototype projects. Sec. 817. Clarification of limited acquisition authority for special operations command. Sec. 818. Exemption of special operations command from certain requirements for contracts relating to vessels, aircraft, and combat vehicles. Sec. 819. Provision of authority to maintain equipment to unified combatant command for joint warfighting. Sec. 820. Market research. Subtitle C--Accountability in Contracting Sec. 821. Limitation on length of noncompetitive contracts. Sec. 822. Maximizing fixed-price procurement contracts. Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. Sec. 824. Disclosure of Government contractor audit findings. Sec. 825. Study of acquisition workforce. Sec. 826. Report to Congress. Subtitle D--Contracts Relating to Iraq and Afghanistan Sec. 831. Memorandum of understanding on matters relating to contracting. Sec. 832. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. Sec. 833. Definitions. Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. Subtitle E--Other Matters Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. Sec. 842. Report to Congress required on delays in major phases of acquisition process for major automated information system programs. Sec. 843. Requirement for licensing of certain military designations and likenesses of weapons systems to toy and hobby manufacturers. Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. Sec. 846. Requirements relating to waivers of certain domestic source limitations. Sec. 847. Multiple cost threshold breaches. Sec. 848. Phone cards. Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, and appeals arising out of maritime contracts. Sec. 850. Clarification of jurisdiction of the United States district courts to hear bid protest disputes involving maritime contracts. Subtitle A--Acquisition Policy and Management SEC. 801. DEFINITION OF COMMERCIAL SERVICES. (a) Commercial Item Regulations to Be Used Only for Commercial Services Meeting Statutory Definition.--The Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation to ensure that only commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F)) are procured under procedures set forth in Part 12 of the Federal Acquisition Regulation. In carrying out the revision, the Administrator shall remove the words ``of a type'' from the definition of commercial services to be procured under such Part 12. (b) Requirement to Analyze Two Options for Procurement of Services Similar to Commercial Services.--The Administrator for Federal Procurement Policy shall analyze the two options described in subsection (c) to determine which regulations would be in the best interest of the Government for the procurement of services similar to commercial services. After completing the analysis, the Administrator shall revise the Federal Acquisition Regulation to include the option that the Administrator has determined to be in the best interest of the Government. (c) Options for Analysis.--The two options are as follows: (1) Option 1.--Part 12 of the Federal Acquisition, relating to acquisition of commercial items, with the following additional provisions: (A) Subject to subparagraph (B), the contracting officer may request the following information from the offeror: (i) Prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers. (ii) Information regarding price or cost that may support the price offered, such as wages, subcontracts, or material costs. (iii) Such other information as the Administrator considers appropriate. (B) The contracting officer should not request more information than is necessary to determine that an offered price is reasonable. (2) Option 2.--Part 15 of the Federal Acquisition Regulation, relating to contracting by negotiation, as in effect on the date of the enactment of this Act. SEC. 802. ACQUISITION WORKFORCE PROVISIONS. (a) Repeal of Sunset of Acquisition Workforce Training Fund.--Section 37(h)(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) is amended by striking subparagraph (H). (b) Requirement for Section on Acquisition Workforce in Strategic Human Capital Plan.-- (1) In general.--In the update of the strategic human capital plan for 2008, and in each subsequent update, the Secretary of Defense shall include a separate section focused on the defense acquisition workforce, including both military and civilian personnel. (2) Funding.--The section shall contain-- (A) an identification of the funding programmed for acquisition workforce training in the future years defense program; (B) a determination by the Secretary of whether such funding is adequate; and (C) an evaluation of how such funding can be protected from being diverted to other uses. (3) Areas of need.--The section also shall identify any areas of need in the acquisition workforce, including-- (A) changes to the types of skills needed in the acquisition workforce; (B) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; and (C) incentives for attracting new, high-quality personnel to the acquisition workforce. (c) Strategic Human Capital Plan Defined.--In this section, the term ``strategic human capital plan'' means the strategic human capital plan required under section 1122 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3452; 10 U.S.C. prec. 1580 note). SEC. 803. GUIDANCE ON DEFENSE PROCUREMENTS MADE THROUGH CONTRACTS OF OTHER AGENCIES. (a) Guidance.--The Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance on the use of interagency contracting by the Department of Defense. (b) Matters Covered.--The guidance shall include, at a minimum, the following provisions: (1) Items unique to the Department of Defense may not be acquired by interagency contracting. (2) Acquisition officials should make a good faith effort, including through the conduct of market research, if appropriate, to identify whether an item considered for interagency contracting is already being provided under a contract awarded by the Department of Defense. (3) Acquisition officials shall ensure that, with respect to the outside agency involved in any procurement through interagency contracting, any requirements related to the procurement that are specific to the Department of Defense shall be identified and communicated to the agency, including relevant requirements of the following: (A) The Federal Acquisition Regulation. (B) The Department of Defense Supplement to the Federal Acquisition Regulation. (C) Appropriations laws. (D) Provisions in law or regulation that are unique to defense procurement and that apply to the specific contract under consideration, but that may not be included under subparagraph (A), (B), or (C). (c) Definitions.--In this section: (1) Interagency contracting.--The term ``interagency contracting'' means the procurement of goods or services (under section 1535 of title 31, United States Code) through a contract entered into by an agency outside the Department of Defense. (2) Acquisition official.--The term ``acquisition official'' means-- (A) in the case of a direct acquisition, the contracting officer for the acquisition; and (B) in the case of an assisted acquisition, the program manager coordinating the acquisition for the Department of Defense. (3) Direct acquisition.--The term ``direct acquisition'' means the type of interagency contracting through which the Department of Defense orders an item or service from a government-wide acquisition contract maintained by an agency outside the Department. (4) Assisted acquisition.--The term ``assisted acquisition'' means the type of interagency contracting through which an agency outside the Department of Defense awards a contract for the procurement of goods or services. SEC. 804. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF FOREIGN SUBSIDIES. (a) Prohibition.--The Secretary of Defense may not enter into a contract for the procurement of goods or services from any foreign person to which the government of a foreign country that is a member of the World Trade Organization has provided a subsidy if-- (1) the United States has requested consultations with that foreign country under the Agreement on Subsidies and Countervailing Measures on the basis that the subsidy is a prohibited subsidy under that Agreement; and (2) either-- (A) the issue before the World Trade Organization has not been resolved; or (B) the World Trade Organization has ruled that the subsidy provided by the foreign country is a prohibited subsidy under the Agreement on Subsidies and Countervailing Measures. (b) Joint Ventures.--The prohibition under subsection (a) with respect to a foreign person [[Page H5192]] also applies to any joint venture, cooperative organization, partnership, or contracting team of which that foreign person is a member. (c) Subcontracts and Task Orders.--The prohibition under subsection (a) with respect to a contract also applies to any subcontracts at any tier entered into under the contract and any task orders at any tier issued under the contract. (d) Definitions.--In this section: (1) The term ``Agreement on Subsidies and Countervailing Measures'' means the agreement described in section 101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 3501(d)(12)). (2) The term ``foreign person'' means-- (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (3) The term ``United States person'' means-- (A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. (e) Applicability.-- (1) Programs with milestone b approval not covered.--The prohibition under subsection (a) shall not apply to any contract under a major defense acquisition program that has received Milestone B approval as of the date of the enactment of this Act. (2) Definitions.--In this subsection: (A) The term ``major defense acquisition program'' means a Department of Defense acquisition program that is a major defense acquisition program for purposes of section 2430 of title 10, United States Code. (B) The term ``Milestone B approval'' has the meaning provided that term in section 2366(e)(7) of such title. SEC. 805. PROHIBITION ON PROCUREMENT FROM COMPANIES IN VIOLATION OF THE IRAN AND SYRIA NONPROLIFERATION ACT. (a) Prohibition.--Except as provided in subsection (c), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of goods or services from a source subject to sanctions for violations of the Iran and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note) or from any source that is owned or controlled by a sanctioned entity. (b) Contracts Covered.--This section applies to prime contracts and subcontracts at any tier under such contracts. (c) Exception.-- (1) In general.--Subsection (a) does not apply in any case in which the Secretary of Defense determines that there is a compelling reason to solicit an offer from, award a contract or subcontract to, or extend a contract or subcontract with a source described in that subsection. The exception in the preceding sentence may not be used if the same or reasonably equivalent products or services are available from a non- sanctioned source. (2) Notice to congress.--The Secretary shall transmit to the Committees on Armed Services of the Senate and the House of Representatives a notice of any determination made under paragraph (1) at the time of the determination. SEC. 806. LEAD SYSTEMS INTEGRATORS. (a) Prohibition on the Use of Lead Systems Integrators.-- The Department of Defense may not award any new contracts for lead systems integrator functions in the acquisition of major systems, effective October 1, 2011. (b) Plan for Acquisition Workforce.-- (1) Requirement.--The Secretary of Defense shall develop a plan for establishing the appropriate size of the acquisition workforce to accomplish inherently governmental functions related to acquisition of major weapons systems. In developing the plan, the Secretary shall, at a minimum-- (A) identify the positions and skills, due to their inherently governmental nature, that should be supplied by Department of Defense personnel versus contractor personnel; (B) identify the gaps in skills that exist within the current defense workforce; (C) create a plan for closing such skill gaps; (D) create a plan for obtaining a proper match between the level of acquisition expertise within each acquisition program office and the level of risk associated with the acquisition program that the program office is expected to manage; and (E) identify the additional personnel or hiring authorities that may be required on an interim basis, until such time as the Department of Defense has sufficient government personnel to fill the positions designated as inherently governmental. (2) Deadline.--The plan described in paragraph (1) shall be submitted to the congressional defense committees no later than October 1, 2008. (c) Exception for Contracts for Other Management Services.--The Department of Defense may continue to award contracts for the procurement of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, if the following conditions are met: (1) The contractor may not perform inherently governmental functions, as may be prescribed by the Secretary of Defense, including-- (A) determining courses of action to be taken in the best interest of the government; and (B) determining best technical performance for the warfighter; and (2) a prime contractor for such a contract may not award a subcontract to an entity owned in whole or in part by the prime contractor. (d) Definitions.--In this section: (1) Lead systems integrator.--The term ``lead systems integrator'' means-- (A) a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems; or (B) a prime contractor under a contract for the procurement of services the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system. (2) Major system.--The term ``major system'' has the meaning given such term in section 2302d of title 10, United States Code. SEC. 807. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND ALASKA NATIVE-SERVING INSTITUTIONS. Section 2323 of title 10, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) Native Hawaiian-serving institutions and Alaska Native-serving institutions (as defined in section 317 of the Higher Education Act of 1965).''; (2) in subsection (a)(2) by inserting after ``Hispanic- serving institutions,'' the following: ``Native Hawaiian- serving institutions and Alaska Native-serving institutions,''; (3) in subsection (c)(1), by inserting after ``Hispanic- serving institutions,'' the following: ``Native Hawaiian- serving institutions and Alaska Native-serving institutions,''; and (4) in subsection (c)(3), by inserting after ``Hispanic- serving institutions,'' the following: ``to Native Hawaiian- serving institutions and Alaska Native -serving institutions,''. SEC. 808. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS. (a) Reinvestment Required.-- (1) Proposal evaluation criteria.--The Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance requiring that all Department of Defense solicitations for proposals for major systems that could contain strategic materials clearly specify that an evaluation criteria for such proposals will be the extent to which each prospective strategic material supplier demonstrates a record of sustained reinvestment in processes, infrastructure, workforce training, and facilities for domestic production of such a material, as well as a plan for continued reinvestment. (2) Flow down required.--Guidance issued under this subsection shall require that the evaluation criteria be incorporated by reference into any solicitation for sources of strategic materials at any contractual tier. (b) Review and Report.-- (1) Review Required.--The Strategic Materials Protection Board, established under section 187 of title 10, United States Code, shall, on an annual basis-- (A) review the number of proposals submitted for major systems that could contain strategic materials; and (B) as part of the Board's duties under paragraph (2) and (3) of section 187(b) of such title, determine the following: (i) The percentage of proposals that were found to be responsive to the reinvestment evaluation criteria required under subsection (a). (ii) The percentage of responsive proposals that were awarded. (iii) The percentage of non-responsive proposals that were awarded. (iv) The long-term viability of strategic materials suppliers, based upon the past and future reinvestment planned by the suppliers. (2) Inclusion in Board Report.--The Strategic Materials Protection Board shall include its findings in the next report submitted to Congress under section 187(d) of title 10, United States Code, after the date of the enactment of this Act. The Board shall include the findings of subsequent annual reviews in subsequent reports submitted under such section. (c) Definitions.--In this section: (1) Strategic material.--The term ``strategic material'' means-- (A) a material designated as critical to national security by the Strategic Materials Protection Board in accordance with the section 187 of title 10, United States Code; (B) a specialty metal as defined by section 2533b of title 10, United States Code; or (C) steel. (2) Major system.--The term ``major system'' has the meaning provided in section 2302 of title 10, United States Code. SEC. 809. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS CRITICAL TO NATIONAL SECURITY. (a) Definition of Required Form.--Subsection (b) of section 2533b of title 10, United States Code, is amended by striking the period at the end and inserting the following: ``and the term `required form' means mill products, such as slab, plate and sheet, in the required form necessary. The term `required form' shall not apply to end items or to their components at any tier.''. (b) Applicability to Procurements of Commercial Items.-- Subsection (h) of section 2533b of title 10, United States Code, is amended by inserting ``or 35'' after ``This section applies to procurements of commercial items notwithstanding section 34.'' (c) Revision of Domestic Non-Availability Determinations.-- Any Domestic Non-Availability Determination made by the Department [[Page H5193]] of Defense between December 6, 2006 and the date 60 days after the date of the enactment of this Act shall be reviewed and amended, if necessary, to comply with subsection (a) and (b). (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to contracts entered into 60 days after the date of the enactment of this Act. SEC. 810. DEBARMENT OF CONTRACTORS CONVICTED OF CRIMINAL VIOLATIONS OF THE ARMS EXPORT CONTROL ACT. (a) Debarment.--Except as provided in subsection (b), if the Secretary of Defense determines that a contractor or prospective contractor has been convicted of a criminal violation of any provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Secretary shall debar such contractor or prospective contractor from contracting with the Department of Defense for a period not to exceed 5 years, not later than 90 days after determining that the contractor has been so convicted. (b) Exception.-- (1) In general.--Subsection (a) does not apply in any case in which the Secretary determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such contractor or prospective contractor. (2) Public notice.--The Secretary shall transmit to the Administrator of General Services a notice of any determination made under paragraph (1) at the time of the determination. The Administrator of General Services shall maintain each such notice in a file available for public inspection. (c) Definition.--In this section, the term ``debar'' has the meaning given that term by section 2393(c) of title 10, United States Code. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 811. CHANGE TO THE TRUTH IN NEGOTIATIONS ACT EXCEPTION FOR THE ACQUISITION OF A COMMERCIAL ITEM. Section 2306a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(4) Certain sole source procurements.--The exception in paragraph (1)(C) does not apply in the case of a contract, subcontract, or modification of a contract or subcontract that is for a commercial item to be procured using procedures other than competitive procedures-- ``(A) if the contracting officer determines that commercial sales data are insufficient to determine a fair and reasonable price; and ``(B) if the contractor's business segment has submitted certified cost or pricing data in connection with at least one contract award or contract modification.''. SEC. 812. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS. (a) Measurement of Percentage at Contract Award.--Section 2306a(b)(3)(A) of title 10, United States Code, is amended by inserting after ``total price of the contract'' the following: ``(at the time of contract award)''. (b) Adjustment of Dollar Amount.--Section 2306a(b)(3)(A) of such title is amended by striking ``$500,000'' and inserting ``$650,000''. SEC. 813. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT CLAUSES ON COMMERCIAL CONTRACTS. (a) Plan.--The Under Secretary of Defense for Acquisition, Technology, and Logistics shall develop and implement a plan to minimize the number of Government-unique contract clauses used in commercial contracts by restricting the clauses to the following: (1) Government-unique clauses authorized by law or regulation. (2) Any additional clauses that are relevant and necessary to a specific contract. (b) Commercial Contract.--In this section: (1) The term ``commercial contract'' means a contract awarded by the Federal Government for the procurement of a commercial item. (2) The term ``commercial item'' has the meaning provided by section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). SEC. 814. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS. Section 4202(e) of the Clinger-Cohen Act of 1996 (division D of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended by striking ``January 1, 2008'' and inserting ``January 1, 2010''. SEC. 815. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSITIONS. Section 1413(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1665) is amended by striking ``September 30, 2007'' and inserting ``September 30, 2012''. SEC. 816. 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. 817. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL OPERATIONS COMMAND. Section 167(e)(4) of title 10, United States Code, is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C)(i) The staff of the commander shall include an acquisition executive, who shall be responsible for the same functions and duties, and have the same authorities, as the service acquisition executives for the military departments. ``(ii) The staff of the commander shall include a senior procurement executive, who shall be responsible for providing management direction of the procurement system of the command, advising and assisting the commander and other officials of the combatant command to ensure that activities and missions of the command are achieved through the management of the procurement system of the command, and otherwise being responsible for the same functions and duties, and having the same authorities, as the senior procurement executive for the military departments. ``(iii) The commander of the special operations command may designate the same individual to the position of acquisition executive and the position of senior procurement executive. ``(iv) Any reference to service acquisition executive or senior procurement executive of a military department in any Federal law, Executive order, or regulation is deemed to include the acquisition executive or senior procurement executive of the special operations command unless such law, order, or regulation explicitly excludes such positions by reference to this section.''. SEC. 818. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN REQUIREMENTS FOR CONTRACTS RELATING TO VESSELS, AIRCRAFT, AND COMBAT VEHICLES. Subsection (e) of section 167 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5) The commander of the command, in carrying out his functions under this subsection, may carry out such functions with respect to a contract covered by section 2401 of this title without regard to subsection (b) of that section if-- ``(A) the contract is for a term of not more than 5 years (including all options to renew or extend the contract); and ``(B) funds are available and obligated for the full cost of the contract (including termination costs) on or before the date the contract is awarded.''. SEC. 819. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED COMBATANT COMMAND FOR JOINT WARFIGHTING. Section 167a of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``and acquire'' and inserting ``, acquire, and maintain''; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection: ``(f) Limitation on Authority to Maintain Equipment.--The authority delegated under subsection (a) to maintain equipment is subject to the availability of funds authorized and appropriated specifically for that purpose.''. SEC. 820. MARKET RESEARCH. (a) Market Research.--Subsection (c) of section 2377 of title 10, United States Code, is amended as follows: (1) The subsection heading is amended by striking ``Preliminary''. (2) Paragraph (1) is amended-- (A) by striking ``research appropriate to the circumstances--'' and inserting ``research--''; (B) by striking ``and'' at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (D) by adding at the end the following: ``(C) before awarding a task order in excess of the simplified acquisition threshold.''. (3) The subsection is amended by adding at the end the following new paragraphs: ``(4) The Secretary of Defense shall ensure that market research under this subsection includes use of an appropriately tailored search engine to access the world wide web in order to identify readily available capabilities in the commercial market place. ``(5) For programs with a value in excess of $1,000,000, the contracting officer must certify that market research was performed before award of the contract or task order.''. (b) Evaluation of Certain Incentives.--The Under Secretary of Defense for Acquisition, Technology, and Logistics shall evaluate options for preferences or economic incentives for contractors that maximize the use of readily available and proven capabilities in the commercial market place. Subtitle C--Accountability in Contracting SEC. 821. LIMITATION ON LENGTH OF NONCOMPETITIVE CONTRACTS. (a) Revision of FAR.--Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to restrict the contract period of any contract described in subsection (c) to the minimum contract period necessary-- (1) to meet the urgent and compelling requirements of the work to be performed under the contract; and (2) to enter into another contract for the required goods or services through the use of competitive procedures. (b) Contract Period.--The regulations promulgated under subsection (a) shall require the contract period to not exceed one year, unless the head of the executive agency concerned determines that the Government would be seriously injured by the limitation on the contract period. (c) Covered Contracts.--This section applies to any contract in an amount greater than $1,000,000 entered into by an executive agency using procedures other than competitive procedures pursuant to the exception provided in section 303(c)(2) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) or section 2304(c)(2) of title 10, United States Code. [[Page H5194]] (d) Definitions.--In this section: (1) The term ``executive agency'' has the meaning provided in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (2) The term ``head of the executive agency'' means the head of an executive agency except that, in the case of the Department of Defense, the term means-- (A) in the case of a military department, the Secretary of the military department; (B) in the case of a Defense Agency, the head of the Defense Agency; and (C) in the case of any part of the Department of Defense other than a military department or Defense Agency, the Under Secretary of Defense for Acquisition, Technology, and Logistics. SEC. 822. MAXIMIZING FIXED-PRICE PROCUREMENT CONTRACTS. (a) Plans Required.--Subject to subsection (c), the head of each executive agency covered by title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or, in the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop and implement a plan to maximize, to the fullest extent practicable, the use of fixed-price type contracts for the procurement of goods and services by the agency or department concerned. The plan shall contain measurable goals and shall be completed and submitted to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate and, in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives, with a copy provided to the Comptroller General, not later than 1 year after the date of the enactment of this Act. (b) Comptroller General Review.--The Comptroller General shall review the plans provided under subsection (a) and submit a report to Congress on the plans not later than 18 months after the date of the enactment of this Act. (c) Requirement Limited to Certain Agencies.--The requirement of subsection (a) shall apply only to those agencies that awarded contracts in a total amount of at least $1,000,000,000 in the fiscal year preceding the fiscal year in which the report is submitted. SEC. 823. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR NONCOMPETITIVE CONTRACTS. (a) Civilian Agency Contracts.-- (1) In general.--Section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended by adding at the end the following new subsection: ``(j)(1)(A) Except as provided in subparagraph (B), in the case of a procurement permitted by subsection (c), the head of an executive agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement. ``(B) In the case of a procurement permitted by subsection (c)(2), subparagraph (A) shall be applied by substituting `30 days' for `14 days'. ``(2) The documents shall be made available on the website of the agency and through the Federal Procurement Data System. ``(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.''. (2) Conforming amendment.--Section 303(f) of such Act is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). (b) Defense Agency Contracts.-- (1) In general.--Section 2304 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(l)(1)(A) Except as provided in subparagraph (B), in the case of a procurement permitted by subsection (c), the head of an agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement. ``(B) In the case of a procurement permitted by subsection (c)(2), subparagraph (A) shall be applied by substituting `30 days' for `14 days'. ``(2) The documents shall be made available on the website of the agency and through the Federal Procurement Data System. ``(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5.''. (2) Conforming amendment.--Section 2304(f) of such title is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. SEC. 824. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS. (a) Quarterly Report to Congress.-- (1) Requirement.--The head of each Federal agency or department or, in the case of the Department of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall submit to the chairman and ranking member of each committee specified in paragraph (2) on a quarterly basis a report that includes the following: (A) A list of completed audits performed by such agency or department issued during the applicable quarter that describe contractor costs in excess of $10,000,000 that have been identified as unjustified, unsupported, questioned, or unreasonable under any contract, task or delivery order, or subcontract. (B) The specific amounts of costs identified as unjustified, unsupported, questioned, or unreasonable and the percentage of their total value of the contract, task or delivery order, or subcontract. (C) A list of completed audits performed by such agency or department issued during the applicable quarter that identify material deficiencies in the performance of any contractor or in any business system of any contractor under any contract, task or delivery order, or subcontract. (2) Committees.--The report described in paragraph (1) shall be submitted to-- (A) the Committee on Oversight and Government Reform of the House of Representatives; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committees on Appropriations of the House of Representatives and the Senate; (D) in the case of reports from the Department of Defense or the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives; and (E) the committees of primary jurisdiction over the agency or department submitting the report. (3) Exception.--Paragraph (1) shall not apply to an agency or department with respect to a calendar quarter if no audits described in paragraph (1) were issued during that quarter. (b) Submission of Individual Audits.-- (1) Requirement.--The head of each Federal agency or department shall provide, within 14 days after a request in writing by the chairman or ranking member of any committee listed in paragraph (2), a full and unredacted copy of any audit described in subsection (a)(1). Such copy shall include an identification of information in the audit exempt from public disclosure under section 552(b) of title 5, United States Code. (2) Committees.--The committees listed in this paragraph are the following: (A) The Committee on Oversight and Government Reform of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate. (C) The Committees on Appropriations of the House of Representatives and the Senate. (D) In the case of the Department of Defense or the Department of Energy, the Committees on Armed Services of the Senate and House of Representatives. (E) The committees of primary jurisdiction over the agency or department to which the request is made. SEC. 825. STUDY OF ACQUISITION WORKFORCE. (a) Requirement for Study.--The Administrator for Federal Procurement Policy shall conduct a study of the composition, scope, and functions of the Government-wide acquisition workforce and develop a comprehensive definition of, and method of measuring the size of, such workforce. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to the relevant congressional committees a report on the results of the study required by subsection (a), with such findings and recommendations as the Administrator determines appropriate. SEC. 826. REPORT TO CONGRESS. (a) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress that contains the Director's recommendations on requiring Government contractors that advise one or more Federal agencies on procurement policy, and requiring federally funded research and development centers, to comply with restrictions relating to personal financial interests, such as those that apply to Federal employees. (b) Definition.--In this section: (1) Government contractor.--The term ``Government contractor'' means any person (other than a Federal agency) with which a Federal agency has entered into a contract to acquire goods or services. (2) Federal agency.--The term ``Federal agency'' means-- (A) any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation; and (B) any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the Architect's direction). (3) Federally funded research and development center.--The term ``federally funded research and development center'' means a federally funded research and development center as identified by the National Science Foundation in accordance with the Federal Acquisition Regulation. Subtitle D--Contracts Relating to Iraq and Afghanistan SEC. 831. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING. (a) Memorandum of Understanding Required.--The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan. (b) Restrictions on Contracting Until Memorandum Signed.-- (1) Restriction.--Except as provided in paragraph (2), on and after January 1, 2008, no contracts in Iraq or Afghanistan may be awarded by the Department of Defense, the Department of State, or the United States Agency for International Development (A) unless the memorandum required by subsection (a) has been signed by the Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development, respectively; and (B) the department or agency concerned has initiated use of the common database identified in such memorandum to track contracts in Iraq or Afghanistan. [[Page H5195]] (2) Waiver.-- (A) The restriction in paragraph (1) may be waived by the President for a period of 30 days if the President submits to the relevant committees of Congress a notification of the waiver and the reasons for the waiver at least 15 days before issuing the waiver. (B) Such waiver may be renewed for any number of additional 30-day periods if the President submits to the relevant committees of Congress a notification of the renewal of the waiver and the reasons for renewing the waiver at least 15 days before issuing the renewal of the waiver. (c) Matters Covered.--The memorandum of understanding required by subsection (a) shall address, at a minimum, the following: (1) Identification of the major categories of contracts in Iraq or Afghanistan being awarded by the Department of Defense, the Department of State, or the United States Agency for International Development. (2) Identification of the roles and responsibilities of each department or agency for matters relating to contracting for contracts in Iraq or Afghanistan. (3) Responsibility for authorizing the carrying of weapons in performance of such contracts. (4) Responsibility for establishing minimum qualifications, including background checks, for personnel carrying weapons in performance of such contracts. (5) Responsibility for setting rules of engagement for personnel carrying weapons in performance of such contracts. (6) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan. (7) Identification of a common database that will serve as a repository of information on all contracts in Iraq or Afghanistan, and agreement on the elements to be included in the database, including, at a minimum, with respect to each contract-- (A) a brief description of the contract; (B) the value of the contract; (C) the amount of cost ascribed to overhead for the contract; (D) the amount of cost ascribed to security for the contract; (E) the total number of personnel employed on the contract; and (F) the total number of personnel employed on the contract who provide security in Iraq or Afghanistan. (8) Responsibility for maintaining and updating information in the common database identified under paragraph (7). (9) Responsibility for the collection and referral to the appropriate Government agency of any information relating to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), or chapter 212 of title 18, United States Code (commonly referred to as the Military Extraterritorial Jurisdiction Act). (d) Copies Provided to Congress.--Copies of the memorandum of understanding required by subsection (a) shall be provided to the relevant committees of Congress within 30 days after the memorandum is signed. SEC. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN. (a) Reviews and Reports Required.-- (1) In general.--Every six months, the Comptroller General shall review contracts in Iraq or Afghanistan and submit to the relevant committees of Congress a report on such review. (2) Matters covered.--A report under this subsection shall cover the following with respect to the contracts in Iraq or Afghanistan reviewed for the report: (A) Total number of contracts awarded during the period covered by the report. (B) Total number of active contracts. (C) Total value of all contracts awarded during the reporting period. (D) Total value of active contracts. (E) Total number of contractor personnel working on contracts during the reporting period. (F) Total number of contractor personnel who have provided security in Iraq or Afghanistan for contracts during the reporting period. (G) Categories of activities undertaken in reviewed contracts. (H) The extent to which such contracts have used competitive procedures. (I) The extent to which such contracts have achieved the initial scope of requirements included in the contracts. (J) The effect of costs for security on such contracts and whether contracting for security on such contracts rather than government-provided security is more effective, efficient, and consistent with the United States policy goals. (K) Information on any specific contract or class of contracts that the Comptroller General determines raises issues of significant concern. (3) Submission of reports.--The Comptroller General shall submit an initial report under this subsection not later than March 1, 2008, and shall submit an updated report every six months thereafter until March 1, 2010. (b) Access to Database on Contracts.--The Secretary of Defense and the Secretary of State shall provide full access to the database described in section 831(c)(7) to the Comptroller General for purposes of the reviews carried out under this section. SEC. 833. DEFINITIONS. In this subtitle: (1) Matters relating to contracting.--The term ``matters relating to contracting'', with respect to contracts in Iraq and Afghanistan, means all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel. (2) Contracts in iraq or afghanistan.--The term ``contracts in Iraq and Afghanistan'' means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order at any tier issued under such a contract (including a contract, subcontract, or task order issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, or task order involves worked performed in Iraq or Afghanistan for a period longer than 14 days. (3) Relevant committees of congress.--The term ``relevant committees of Congress'' means each of the following committees: (A) The Committees on Armed Services of the Senate and the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. SEC. 834. COMPETITION FOR EQUIPMENT 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. Subtitle E--Other Matters SEC. 841. RAPID COMMERCIAL INFORMATION TECHNOLOGY IDENTIFICATION DEMONSTRATION PROJECT. (a) Demonstration Project.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Networks and Information Integration, shall establish a demonstration project to develop, implement, and assess the effectiveness of a comprehensive approach to identifying, assessing, stimulating investment in, rapidly acquiring, and coordinating the use of commercial information technologies (with an emphasis on commercial off-the-shelf information technologies). The demonstration project shall be known as the ``Rapid Commercial Information Technology Identification Demonstration Pilot.'' (b) Matters Covered.--The demonstration project shall include the following: (1) Developing a process to rapidly assess and set priorities for significant needs of the Department of Defense that could be met by commercial information technology, including a process for-- (A) aligning needs with the requirements of the combatant commanders; and (B) evaluating commercial products of interest against those needs. (2) Providing for the hiring and support of employees (including the ability to request detailees from other military or Federal organizations) who can identify and assess promising commercial information technologies and serve as intermediaries to the Department. (3) Enhancing internal Department data and communications about promising or existing commercial information technology or federally funded information technologies projects. (4) Identifying key commercial information technologies and using existing mechanisms to make them available to the Armed Forces. (5) Developing and operating a suitable Web portal or other significant virtual environment to facilitate communications with industry. (6) Providing for acquisition guides for small information technology companies with promising technologies, to help them understand and navigate the funding and acquisition processes of the Department of Defense. (7) Developing methods to measure program performance and collecting data on an ongoing basis to assess the effects of the process being used by the demonstration program. (c) Period of Demonstration Project.--The demonstration project shall be conducted for a period of three years. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Defense $10,000,000 for fiscal year 2008 to carry out the demonstration project under this section, to be derived from amounts provided in section 201(4) for research, development, test, and evaluation, Defense-wide activities. (e) Report to Congress.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the demonstration project required under this section. SEC. 842. REPORT TO CONGRESS REQUIRED ON DELAYS IN MAJOR PHASES OF ACQUISITION PROCESS FOR MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. (a) Report Required for Certain Delays.--In the case of any major automated information system program, if there is a delay in meeting any deadline for a phase of the acquisition process for the program specified in subsection (b), the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall submit to the [[Page H5196]] congressional defense committees a report on the delay. The report shall be submitted not later than 30 days after the delay occurs. (b) Deadlines.--The deadlines for a phase of the acquisition process referred to in subsection (a) are the following: (1) With respect to approval of any analysis of alternatives, within one year from the date each analysis began. (2) With respect to achieving Milestone B in accordance with section 2366a of title 10, United States Code, within 18 months after the date of Milestone A approval. (3) With respect to completion of any capability development document, within six months from the time of determined need to the time of approval. (c) Matters Covered by Report.--The report required by subsection (a)-- (1) shall set forth the reason or reasons the Department of Defense was unable to complete the delayed process or processes on time; and (2) shall include a written certification with a supporting explanation stating that-- (A) the program is necessary for the efficient management of the Department; and (B) the most current estimates of the costs, schedule, and performance parameters with respect to the program and system are reasonable; and the management structure for the program is adequate to manage and control program costs. SEC. 843. REQUIREMENT FOR LICENSING OF CERTAIN MILITARY DESIGNATIONS AND LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY MANUFACTURERS. (a) Requirement to License Certain Items.--Section 2260 of title 10, United States Code, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by adding after subsection (b) the following new subsection: ``(c) Required Licenses.--(1) The Secretary concerned shall license trademarks, service marks, certification marks, and collective marks relating to military designations and likenesses of military weapons systems to any qualifying company upon receipt of a request from the company. ``(2) For purposes of paragraph (1), a qualifying company is any United States company that is a small business concern and that-- ``(A) is a toy or hobby manufacturer, distributor, or merchant; and ``(B) is determined by the Secretary concerned to be qualified in accordance with such criteria as may be prescribed by the Secretary of Defense. ``(3) The fee for a license under this subsection shall be determined under regulations prescribed by the Secretary of Defense. Any such fee shall be nominal and shall be an amount not less than an amount needed to recover all costs of the Department of Defense in processing the request for the license and supplying the license. ``(4) A license under this subsection shall not be an exclusive license.''. (b) Effective Date.--The Secretary of Defense shall prescribe regulations to implement the amendment made by this section not later than 180 days after the date of the enactment of this Act. SEC. 844. CHANGE IN GROUNDS FOR WAIVER OF LIMITATION ON SERVICE CONTRACT TO ACQUIRE MILITARY FLIGHT SIMULATOR. Section 832(b)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2331) is amended by striking ``necessary for national security purposes'' and inserting ``in the national interest''. SEC. 845. EVALUATION OF COST OF COMPLIANCE WITH REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN SOURCES. (a) Exclusion From Price or Cost Comparison .--For all Department of Defense prime contract awards and subcontract awards at any tier, in the event that a price or cost comparison is made as part of an evaluation of offers for goods or services provided by a United States firm and by a foreign source benefitting from the exception provided in section 2533a(e)(1)(B) or 2533b(d)(1)(B) of title 10, United States Code, the cost of compliance described in subsection (c) shall not be considered in such an evaluation. (b) Inclusion in Evaluation of Offers.--The cost of compliance shall be considered in the evaluation of offers provided by United States firms and by foreign sources submitting compliant offers. (c) Cost of Compliance.--The cost of compliance described in this subsection is the cost of compliance for a United States firm to procure items grown, reprocessed, reused, or produced in the United States, in accordance with section 2533a of title 10, United States Code, or to procure specialty metals melted or produced in the United States, in accordance with section 2533b of such title 10. SEC. 846. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE LIMITATIONS. (a) Multi-Contract and Class Waivers.--A domestic non- availability determination pursuant to section 2533b(b) of title 10, United States Code, that would apply to more than one prime contract of the Department of Defense shall be made only if the determination-- (1) has been proposed and finalized under a formal rulemaking; (2) specifies that the determination will expire 30 days after the Secretary concerned finds that the determination is no longer justified; and (3) requires an accounting of all end items, components, or specialty metals that do not comply with the requirement in section 2533b(a) of such title. (b) Single Contract Waivers.--In making a domestic non- availability determination pursuant to 2533b(b) of such title that applies to a single prime contract of the Department of Defense, the Secretary concerned shall ensure, after making the determination, that-- (1) the information used as justification in making the determination is made publicly available to the maximum extent practicable; and (2) the contracting officer for the contract concerned receives an accounting of all end items, components, or specialty metals that do not comply with the requirement in section 2533b (a) of such title. (c) Specialty Metal Defined.--In this section, the term ``specialty metal'' has the meaning provided in section 2533b(I) of title 10, United States Code. (d) Effective Date.--This section shall be effective as of February 1, 2007. SEC. 847. MULTIPLE COST THRESHOLD BREACHES. (a) Evaluation of Cost Threshold Breaches.--Within 30 days following the end of a fiscal year, each component of the Department of Defense shall evaluate, for the preceding fiscal year-- (1) the number of acquisition programs within the component that experienced significant and critical cost threshold breaches, as defined in section 2433 of title 10, United States Code; and (2) the number of technology development programs within the component that, prior to a Milestone B decision, required recertification by the Joint Requirements Oversight Council. (b) Identification and Report on Systemic Deficiencies.-- Within 90 days following the end of a fiscal year, each component of the Department of Defense that has identified more than two such programs under subsection (a), shall identify systemic deficiencies in its acquisition policies or practices that may have contributed to the cost growth in such programs and provide a report to the Secretary of Defense outlining corrective actions to be taken. (c) Assessment of Corrective Actions.--Within 120 days following the end of a fiscal year, the Secretary of Defense shall provide an assessment of the adequacy of such corrective actions, along with the details of the deficiencies leading to such cost growth, to the congressional defense committees. (d) Definition of Component.--In this section, the term ``component'' means a military department, a combatant command, a Defense Agency, and any part of the Office of the Secretary of Defense that manages a major defense acquisition program. SEC. 848. PHONE CARDS. (a) Competitive Procedures Required.--When the Secretary of Defense considers it necessary to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, he shall use competitive procedures when entering into a contract to provide those services. In evaluating contract proposals for such services, the Secretary shall require bid proposals to include options that minimize the cost of the phone services to individual users while providing individual users the flexibility of using phone cards from other than the bidding entity. (b) Effective Date.--This section shall apply to any new contract to provide morale welfare and recreation phone services in a combat theater that is entered into after the date of enactment of this Act. With regard to the extension of any contract to provide such services that is in existence on such date of enactment, the Secretary shall examine with the contractor whether it is possible to further reduce the cost of the services to the soldier by allowing the use of phone cards other than the contractor's. The Secretary shall submit the results of his review to the Committees on Armed Services of the Senate and the House of Representatives. SEC. 849. JURISDICTION UNDER CONTRACT DISPUTES ACT OF 1978 OVER CLAIMS, DISPUTES, AND APPEALS ARISING OUT OF MARITIME CONTRACTS. Section 4 of the Contract Disputes Act of 1978 (41 U.S.C. 603) is amended by striking ``of maritime contracts,'' and all that follows through the end of the section and inserting ``of maritime contracts, shall be governed exclusively by this Act.'' SEC. 850. CLARIFICATION OF JURISDICTION OF THE UNITED STATES DISTRICT COURTS TO HEAR BID PROTEST DISPUTES INVOLVING MARITIME CONTRACTS. Section 1491 of title 28, United States Code, is amended by adding at the end the following: ``(d) Jurisdiction over any actions described under subsection (b)(1) of this section arising out of a maritime contract (as that term is used in the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)) or a proposed maritime contract shall be governed by this section, and shall not be subject to the jurisdiction of the district courts of the United States under chapter 309 of title 46, popularly known as the Suits in Admiralty Act, or chapter 311 of title 46, popularly known as the Public Vessels Act.''. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Department of Defense Management Sec. 901. Additional requirements relating to limitation on major Department of Defense headquarters activities personnel. Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions. Sec. 904. Revisions in functions and activities of special operations command. Sec. 905. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps. Sec. 906. Management system of the Department of Defense. [[Page H5197]] Sec. 907. Acquisition parity for Special Operations Command. Sec. 908. Department of Defense Board of Actuaries. Subtitle B--Space Activities Sec. 911. Space protection policy and strategy. Sec. 912. Biennial report on management of space cadre within the Department of Defense. Subtitle C--Chemical Demilitarization Program Sec. 921. Chemical demilitarization citizens advisory commissions. Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile. Subtitle D--Intelligence-Related Matters Sec. 931. Reports on foreign language proficiency. Sec. 932. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. Subtitle E--Roles and Missions Analysis Sec. 941. Analysis and organization of roles and missions of Department of Defense. Sec. 942. Identification of core competencies of the military departments and other entities within the Department of Defense. Sec. 943. Review of capabilities of the military departments and other entities. Sec. 944. Joint Requirements Oversight Council additional duties relating to core mission areas. Sec. 945. Requirement for certification of major systems prior to technology development. Sec. 946. Presentation of future-years mission budget by core mission area. Sec. 947. Future capability planning by Joint Requirements Oversight Council. Subtitle F--Other Matters Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. Sec. 952. Interagency policy coordination. Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program. Sec. 954. Study of national security interagency system. Subtitle A--Department of Defense Management SEC. 901. ADDITIONAL REQUIREMENTS RELATING TO LIMITATION ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL. Section 130a of title 10, United States Code, is amended-- (1) in subsection (c)(2), by striking ``may not be changed except as provided by law.'' and inserting ``may be changed only if the Secretary of Defense submits proposed changes to Congress with the defense budget materials. Any such submitted changes shall take effect on the January 1 following the submission.''; and (2) by adding at the end the following new subsections: ``(e) Flexibility in Order to Achieve Cost Savings or Eliminate Contracts Associated With Inherently Governmental Functions.--(1) If the Secretary of a military department or the commander of a combatant command certifies to the Secretary of Defense that a waiver of the limitation in subsection (a) or a reallocation among the military departments or combatant commands of the number of personnel permissible under subsection (a) either is expected to result in a cost savings or is necessary to eliminate a contract associated with an inherently governmental function (including cost savings or the elimination of a contract resulting from guidelines and procedures prescribed pursuant to section 343 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163)), the Secretary of Defense shall waive such limitation or make such reallocation to the extent necessary to achieve the cost savings or to eliminate the contract. ``(2) The Secretary of Defense shall include a report, with the defense budget materials for a fiscal year, outlining the uses of the waiver or reallocation authority provided in paragraph (1) during the preceding fiscal year, including the number of times the waiver or reallocation authority was used, the purposes for which it was used, expected cost savings, if any, and the number of personnel affected. ``(f) Defense Budget Materials.--In this section, the term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.''. SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND ASSISTANT CHIEFS. (a) Army.--Section 3035(b) of title 10, United States Code, is amended to read as follows: ``(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.''. (b) Navy.-- (1) Deputy chiefs of naval operations.--Section 5036(a) of title 10, United States Code, is amended-- (A) by striking ``There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations,'' and inserting ``There are Deputy Chiefs of Naval Operations in the Office of the Chief of Naval Operations,'' ; and (B) by adding at the end the following: ``The Secretary of the Navy shall prescribe the number of Deputy Chiefs of Naval Operations under this section and Assistant Chiefs of Naval Operations under section 5037 of this title, for a total of not more than eight positions.''. (2) Assistant chiefs of naval operations.--Section 5037(a) of such title is amended-- (A) by striking ``There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations,'' and inserting ``There are Assistant Chiefs of Naval Operations in the Office of the Chief of Naval Operations,''; and (B) by adding at the end the following: ``The Secretary of the Navy shall prescribe the number of Assistant Chiefs of Naval Operations in accordance with section 5036(a) of this title.''. (c) Air Force.--Section 8035(b) of title 10, United States Code, is amended to read as follows: ``(b) The Secretary of the Air Force shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.''. SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS. (a) Secretary of Defense.--Section 113(a) of title 10, United States Code, is amended by striking ``10'' and inserting ``five''. (b) Deputy Secretary of Defense.--Section 132(a) of such title is amended by striking ``ten'' and inserting ``five''. (c) Under Secretary of Defense for Policy.--Section 134(a) of such title is amended by striking ``10'' and inserting ``five''. SEC. 904. REVISIONS IN FUNCTIONS AND ACTIVITIES OF SPECIAL OPERATIONS COMMAND. (a) Additional Principal Function.--Section 167(a) of title 10, United States Code, is amended-- (1) by inserting ``(1)'' before ``With the advice''; and (2) by striking the sentence beginning with ``The principal function'' and inserting the following new paragraph: ``(2) The principal functions of the command are-- ``(A) to prepare special operations forces to carry out assigned missions; and ``(B) if directed by the President or the Secretary of Defense, to plan, synchronize, and carry out global missions against terrorists.''. (b) Report Requirements.-- (1) Report on unconventional warfare.--Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report containing a plan to meet the future requirements of unconventional warfare. (2) Annual report on personnel management.--Not later than March 1, 2008, and not later than September 1 each year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the adequacy of Department of Defense personnel management programs to meet the needs of the special operations command. (c) Additional Special Operations Activities.--Subsection (j) of section 167 of such title is amended to read as follows: ``(j) Special Operations Activities.--For purposes of this section, special operations activities include each of the following insofar as it relates to special operations: ``(1) Unconventional warfare. ``(2) Counterterrorism. ``(3) Counterinsurgency. ``(4) Counterproliferation of weapons of mass destruction. ``(5) Direct action. ``(6) Strategic reconnaissance. ``(7) Foreign internal defense. ``(8) Civil-military operations. ``(9) Psychological and information operations. ``(10) Humanitarian assistance. ``(11) Theater search and rescue. ``(12) Such other activities as may be specified by the President or the Secretary of Defense.''. SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE CORPS. (a) Redesignation of Military Department.--The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps. (b) Redesignation of Secretary and Other Statutory Offices.-- (1) Secretary.--The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps. (2) Other statutory offices.--The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively. (c) Conforming Amendments to Title 10, United States Code.-- (1) Definition of ``military department''.--Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows: ``(8) The term `military department' means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force.''. (2) Organization of department.--The text of section 5011 of such title is amended to read as follows: ``The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps.''. (3) Position of secretary.--Section 5013(a)(1) of such title is amended by striking ``There is a Secretary of the Navy'' and inserting ``There is a Secretary of the Navy and Marine Corps''. [[Page H5198]] (4) Chapter headings.-- (A) The heading of chapter 503 of such title is amended to read as follows: ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''. (B) The heading of chapter 507 of such title is amended to read as follows: ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE CORPS''. (5) Other amendments.-- (A) Title 10, United States Code, is amended by striking ``Department of the Navy'' and ``Secretary of the Navy'' each place they appear other than as specified in paragraphs (1), (2), (3), and (4) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting ``Department of the Navy and Marine Corps'' and ``Secretary of the Navy and Marine Corps'', respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken. (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking ``Assistant Secretaries of the Navy'' and inserting ``Assistant Secretaries of the Navy and Marine Corps''. (ii) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting ``and Marine Corps'' after ``of the Navy'', with the matter inserted in each case to be in the same typeface and typestyle as the matter amended. (d) Title 37, United States Code.--Title 37, United States Code, is amended by striking ``Department of the Navy'' and ``Secretary of the Navy'' each place they appear and inserting ``Department of the Navy and Marine Corps'' and ``Secretary of the Navy and Marine Corps'', respectively. (e) Other References.--Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in subsection (b)(2) shall be considered to be a reference to that office as redesignated by that subsection. (f) Effective Date.--This section and the amendments made by this section shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. SEC. 906. MANAGEMENT SYSTEM OF THE DEPARTMENT OF DEFENSE. (a) Duties Relating to Management of the Department of Defense.--The Secretary of Defense shall assign duties relating to strategic level oversight of all significant management issues of the Department of Defense to a senior official of a rank not lower than an Under Secretary of Defense. (b) Management System.--The Secretary of Defense shall adopt a management structure for the Department of Defense, including business support areas, which shall define roles, processes, and accountability for achieving the essential management goals of the Department of Defense (c) Essential Management Goals.--The Secretary of Defense shall establish essential management goals of the Department of Defense, including at a minimum, the following: (1) A comprehensive business transformation plan, with measurable performance goals and objectives, to achieve an integrated management system for business support areas of the Department of Defense. (2) A well-defined enterprise-wide business systems architecture capable of providing accurate and timely information in support of major investment decisions. (3) Financial statements for all elements of the Department of Defense that receive clean audit opinions during independent financial audits. (d) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of this section. Matters covered in the report shall include the following: (1) The assignment of duties relating to management as required by subsection (a). (2) Progress toward implementing a management structure for the Department of Defense as required by subsection (b). (3) A description of the essential management goals of the Department of Defense established pursuant to subsection (c). (4) A description of Department of Defense efforts to achieve its essential management goals as described pursuant to paragraph (3). SEC. 907. ACQUISITION PARITY FOR SPECIAL OPERATIONS COMMAND. (a) Revision in Guidance Regarding Exercise of Acquisition Authority by Commanders of Combatant Commands.--Subparagraph (B) of section 905(b)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2353) is amended by striking ``and mutually supportive of'' . (b) Revision in Consultation Requirement.--Section 905(c) of such Act is amended by striking ``and the heads of Defense agencies referred to in that subsection'' and inserting the following: ``, and ensure that the use of the acquisition authority by the heads of Defense Agencies referred to in that subsection is mutually supportive of acquisition programs of the military departments''. SEC. 908. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES. (a) Establishment.--There is established in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the ``Board''). (b) Membership.-- (1) In general.--The Board shall consist of three members who shall be appointed by the President from among qualified professional actuaries who are members of the Society of Actuaries. (2) Terms.--(A) Except as provided in subparagraph (B), 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 his predecessor was appointed shall serve only until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the President. (B) The three current members of the Department of Defense Retirement Board of Actuaries and the Department of Defense Education Benefits Board of Actuaries shall serve the remainder of their existing terms as members of the Board pursuant to subparagraph (A). (C) A member of the Board who is not otherwise 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, United States Code, for each day the member is engaged in the performance of duties vested in the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5. (c) Report.--The Board shall report to the Secretary of Defense annually on the actuarial status of the Department of Defense Military Retirement Fund established by section 1461 of title 10, United States Code, and the Department of Defense Education Benefits Fund established by section 2006 of title 10, and shall furnish its advice and opinion on matters referred to it by the Secretary. (d) Records.--The Secretary shall keep, or cause to be kept, such records as necessary for determining the actuarial status of the Funds. (e) DOD Education Benefits Fund.--The Board shall review valuations of the Department of Defense Education Benefits Fund under section 2006(f) of title 10, United States Code, and shall recommend to the President and thereafter to Congress such changes as in the Board's judgment are appropriate and necessary to protect the public interest and maintain the Department of Defense Education Benefits Fund on a sound actuarial basis. (f) DOD Military Retirement Fund.--The Board shall review valuations of the Department of Defense Military Retirement Fund under section 1465(c) of title 10, United States Code, and shall report periodically, not less than once every four years, to the President and thereafter to Congress on the status of the Department of Defense Military Retirement Fund. The Board shall include in such report recommendations for such changes as in the Board's judgment are appropriate and necessary to protect the public interest and maintain the Department of Defense Military Retirement Fund on a sound actuarial basis. (g) Repeal of Superseded Provisions.--(1) Section 1464 of title 10, United States Code, is repealed. (2) Section 2006 of title 10 is amended by striking subsection (e). (h) Conforming Amendments.-- (1) The table of sections at the beginning of chapter 74 of title 10, United States Code, is amended by striking the item relating to section 1464. (2) Section 1175(h)(4) of such title is amended by striking ``Retirement'' the first place it appears. (3) Section 1460(b) of such title is amended by striking ``Retirement''. (4) Section 1466(c)(3) of such title is amended by striking ``Retirement''. (5) 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''. Subtitle B--Space Activities SEC. 911. SPACE PROTECTION POLICY AND STRATEGY. (a) Policy.--It is the policy of the United States that the Secretary of Defense accord, after the date of the enactment of this Act, a greater priority within the Nation's space programs to the protection of national security space systems than the Secretary has accorded before the date of the enactment of this Act. (b) Strategy.--The Secretary of Defense shall develop a strategy, to be known as the Space Protection Strategy, for the development and fielding by the United States of the space capabilities that are necessary to ensure freedom of action in space for the United States. (c) Matters Included.--The strategy required by subsection (b) shall include each of the following: (1) An identification of the threats to, and the vulnerabilities of, the national security space systems of the United States. (2) A description of the systems currently contained in the program of record of the Department of Defense that provide space capabilities. (3) For each period covered by the strategy, a description of the space capabilities that are needed for the period, and the space capabilities that are desired for the period, including-- (A) the hardware, software, and other materials or services to be developed or procured; (B) the management and organizational changes to be achieved; and (C) concepts of operations, tactics, techniques, and procedures to be employed. (4) For each period covered by the strategy, an assessment of the gaps and shortfalls between the space capabilities that are needed for the period (and the space capabilities that are desired for the period) and the space capabilities currently contained in the program of record. [[Page H5199]] (5) For each period covered by the strategy, a comprehensive plan for investment in space capabilities that identifies specific program and technology investments to be made in that period. (6) A description of the current processes by which the requirements of the Department of Defense for space systems protection are addressed in space acquisition programs and during key milestone decisions, an assessment of the adequacy of those processes, and an identification of the actions of the Department for addressing any inadequacies in those processes. (7) A description of the current processes by which the Department of Defense program and budget for space systems protection capabilities (including capabilities that are incorporated into single programs and capabilities that span multiple programs), an assessment of the adequacy of those processes, and an identification of the actions of the Department for addressing any inadequacies in those processes. (8) A description of the organizational and management structure of the Department of Defense for addressing policy, planning, acquisition, and operations with respect to space capabilities, a description of the roles and responsibilities of each organization, and an identification of the actions of the Department for addressing any inadequacies in that structure. (d) Periods Covered.--The strategy required by subsection (b) shall cover the following periods: (1) Fiscal years 2008 through 2013. (2) Fiscal years 2014 through 2019. (3) Fiscal years 2020 through 2025. (e) Space Capabilities Defined.--In this section, the term ``space capabilities'' means capabilities, consistent with international law and treaties, for space situational awareness and for space systems protection. (f) Report; Biennial Update.-- (1) Report.--Not later than March 15, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy required by subsection (b), including each of the matters required by subsection (c). (2) Biennial update.--Not later than March 15 of each even- numbered year after 2008, the Secretary shall submit to the committees referred to in paragraph (1) an update to the report required by paragraph (1). (3) Classification.--The report required by paragraph (1), and each update required by paragraph (2), shall be in unclassified form, but may include a classified annex. (g) Conforming Repeal.--Section 911 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3405; 10 U.S.C. 2271 note) is repealed. SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE WITHIN THE DEPARTMENT OF DEFENSE. (a) In General.--Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 490. Space cadre management: biennial report ``(a) Requirement.--The Secretary of Defense and each Secretary of a military department shall develop metrics and use these metrics to identify, track, and manage space cadre personnel within the Department of Defense to ensure the Department has sufficient numbers of personnel with the expertise, training, and experience to meet current and future national security space needs. ``(b) Biennial Report Required.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, and every even-numbered year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the management of the space cadre. ``(2) Matters included.--The report required by paragraph (1) shall include-- ``(A) the number of active duty, reserve duty, and government civilian space-coded billets that-- ``(i) are authorized or permitted to be maintained for each military department and defense agency; ``(ii) are needed or required for each military department and defense agency for the year in which the submission of the report is required; and ``(iii) are needed or required for each military department and defense agency for each of the five years following the date of the submission of the report; ``(B) the actual number of active duty, reserve duty, and government civilian personnel that are coded or classified as space cadre personnel within the Department of Defense, including the military departments and defense agencies; ``(C) the number of personnel recruited or hired as accessions to serve in billets coded or classified as space cadre personnel for each military department and defense agency; ``(D) the number of personnel serving in billets coded or classified as space cadre personnel that discontinued serving each military department and defense agency during the preceding calendar year, categorized by rationale provided for discontinuing service; ``(E) for each of the reporting requirements in subparagraphs (A) through (D), further classification of the number of personnel by-- ``(i) space operators, acquisition personnel, engineers, scientists, program managers, and other space-related areas identified by the Department; ``(ii) expertise or technical specialization area-- ``(I) such as communications, missile warning, spacelift, and any other space-related specialties identified by the Department or classifications used by the Department; and ``(II) consistent with section 1721 of this title for acquisition personnel; ``(iii) rank for active duty and reserve duty personnel and grade for government civilian personnel; ``(iv) qualification, expertise, or proficiency level consistent with service and agency-defined qualification, expertise, or proficiency levels; and ``(v) any other such space-related classification categories used by the Department or military departments; and ``(F) any other metrics identified by the Department to improve the identification, tracking, training, and management of space cadre personnel. ``(3) Assessments.--The report required by paragraph (1) shall also include the Secretary's assessment of the state of the Department's space cadre, the Secretary's assessment of the space cadres of the military departments, and a description of efforts to ensure the Department has a space cadre sufficient to meet current and future national security space needs.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``490. Space cadre management: biennial report.''. Subtitle C--Chemical Demilitarization Program SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS. (a) Functions.--Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended-- (1) in each of subsections (b) and (f), by striking ``Assistant Secretary of the Army (Research, Development and Acquisition)'' and inserting ``Assistant Secretary of the Army (Acquisition, Logistics, and Technology)''; and (2) in subsection (g), by striking ``Assistant Secretary of the Army (Research, Development, and Acquisition)'' and inserting ``Assistant Secretary of the Army (Acquisition, Logistics, and Technology)''. (b) Termination.--Such section is further amended in subsection (h) by striking ``after the stockpile located in that commission's State has been destroyed'' and inserting ``after the closure activities required pursuant to regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in the commission's State, or upon the request of the Governor of the commission's State, whichever occurs first''. SEC. 922. 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''), originally required that destruction of the entire United States chemical weapons stockpile be completed by April 29, 2007, and then subsequently extended five years to April 29, 2012. (2) Destroying existing chemical weapons is a homeland security imperative and an arms control priority and is required by United States law. (3) The program met its one percent and 20 percent destruction deadlines early, and is working towards its 45 percent destruction milestone date of December 31, 2007, as extended. (4) The mission of the Assembled Chemical Weapons Alternatives (ACWA) program, established in the Department of Defense by Congress in 1997, is to safely destroy the chemical weapons stockpiles located at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, through the demonstration of systems employing alternative technologies to the incineration process. (5) Current ACWA plans call for the use of neutralization followed by on-site biotreatment of aqueous secondary wastes to destroy the Pueblo stockpile, and the use of neutralization followed by on-site supercritical water oxidation treatment of aqueous secondary wastes to destroy the Blue Grass stockpile. (6) Affected communities in Colorado and Kentucky, represented respectively by the Colorado Chemical Demilitarization Citizens' Advisory Commission (CO CAC) and the Chemical Destruction Community Advisory Board (CDCAB), have made clear their preference for on-site treatment of aqueous secondary wastes over off-site treatment. (7) Section 921(b)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2359) contained a Sense of Congress urging the Secretary of Defense to ensure the elimination of the United States chemical weapons stockpile in the shortest time possible, consistent with the requirement to protect public health, safety, and the environment. (8) Section 921(b)(4) of that Act contained a Sense of Congress urging the Secretary of Defense to propose a credible treatment and disposal process with the support of affected communities. (b) Sense of Congress.--It is the sense of Congress the Department of Defense should-- (1) continue with its plan for on-site disposal of the ACWA-managed stockpiles located at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky; and (2) ensure that extensive consultation and notification processes exist between representatives of the Department of Defense and representatives of the relevant States and local communities. Subtitle D--Intelligence-Related Matters SEC. 931. REPORTS ON FOREIGN LANGUAGE PROFICIENCY. (a) In General.-- [[Page H5200]] (1) Foreign language proficiency reports.--Chapter 23 of title 10, United States Code, as amended by this Act, is further amended by adding at the end the following new section: ``Sec. 491. Foreign language proficiency: annual reports ``(a) In General.--The Secretary of each military department shall annually submit to the Secretary of Defense a report on the foreign language proficiency of the personnel of the military department concerned. ``(b) Contents.--Each report submitted under subsection (a) shall include, for each foreign language and, where appropriate, dialect of a foreign language-- ``(1) the number of positions of the military department concerned that require proficiency in the foreign language or dialect; ``(2) the number of personnel of the military department that are serving in a position that-- ``(A) requires proficiency in the foreign language or dialect to perform the primary duty of the position; and ``(B) does not require proficiency in the foreign language or dialect to perform the primary duty of the position; ``(3) the number of personnel that are proficient in the foreign language or dialect that-- ``(A) are authorized for the military department for which the report is submitted; and ``(B) the Secretary of the military department concerned considers necessary for the military department concerned for each of the five years following the date of the submission of the report; ``(4) the number of personnel of the military department concerned rated at each level of proficiency of the Interagency Language Roundtable; ``(5) whether the number of personnel at each level of proficiency of the Interagency Language Roundtable meets the requirements of the military department concerned; ``(6) the number of personnel serving or hired to serve as linguists for the military department concerned that are not qualified as linguists under the standards of the Interagency Language Roundtable; ``(7) the number of personnel hired to serve as linguists for the military department concerned during the preceding calendar year; ``(8) the number of personnel serving as linguists that discontinued serving the military department concerned during the preceding calendar year; ``(9) the percentage of work requiring linguistic skills that is fulfilled by an ally of the United States; ``(10) the percentage of work requiring linguistic skills that is fulfilled by contractors; and ``(11) the percentage of work requiring linguistic skills that is fulfilled by personnel of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) that are not members of the armed forces on active duty assigned to the military department for which the report is submitted. ``(c) Secretary of Defense Report to Congress.--The Secretary of Defense shall annually submit to the congressional defense committees a report containing-- ``(1) each report submitted to the Secretary of Defense for a year under subsection (a); ``(2) for each foreign language and, where appropriate, dialect of a foreign language-- ``(A) the number of positions of the Department of Defense that are not under the jurisdiction of the Secretary of a military department that require proficiency in the foreign language or dialect; ``(B) the number of personnel of the Department of Defense that are not under the jurisdiction of the Secretary of a military department that are serving in a position that-- ``(i) requires proficiency in the foreign language or dialect to perform the primary duty of the position; and ``(ii) does not require proficiency in the foreign language or dialect to perform the primary duty of the position; ``(C) the number of personnel of the Department of Defense that are not under the jurisdiction of the Secretary of a military department that are proficient in the foreign language or dialect that-- ``(i) are authorized for the Department of Defense, but not under the jurisdiction of the Secretary of a military department; and ``(ii) the Secretary of Defense considers necessary for the Department of Defense (excluding personnel under the jurisdiction of the Secretary of a military department) for each of the five years following the date of the submission of the report; ``(D) the number of personnel of the Department of Defense that are not under the jurisdiction of the Secretary of a military department rated at each level of proficiency of the Interagency Language Roundtable; ``(E) whether the number of personnel at each level of proficiency of the Interagency Language Roundtable meets the requirements of the Department of Defense; ``(F) the number of personnel serving or hired to serve as linguists for the Department of Defense that are not under the jurisdiction of the Secretary of a military department that are not qualified as linguists under the standards of the Interagency Language Roundtable; ``(G) the number of personnel hired during the preceding calendar year to serve as linguists for the Department of Defense that are not under the jurisdiction of the Secretary of a military department; ``(H) the number of personnel not under the jurisdiction of the Secretary of a military department serving as linguists that discontinued serving the Department of Defense during the preceding calendar year; ``(I) the percentage of work requiring linguistic skills that is fulfilled by an ally of the United States; ``(J) the percentage of work requiring linguistic skills that is fulfilled by contractors; and ``(K) the percentage of work requiring linguistic skills that is fulfilled by personnel of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) that are not members of the armed forces on active duty assigned to the military department for which the report is submitted; and ``(3) an assessment of the foreign language capacity and capabilities of the Department of Defense as a whole. ``(d) Non-Military Personnel.-- ``(1) Secretary of military department reports.--Except as provided in subsection (a)(11), a report submitted under subsection (a) shall cover only members of the armed forces on active duty assigned to the military department concerned. ``(2) Secretary of defense reports.--Except as provided in subsection (c)(2)(K), a report submitted under subsection (c) shall cover only members of the armed forces on active duty assigned to the Department of Defense.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``491. Foreign language proficiency: annual reports.''. (b) Effective Date.-- (1) Initial report by secretary of each military department.--The first report required to be submitted by the Secretary of each military department under section 491(a) of title 10, United States Code, as added by subsection (a), shall be submitted not later than 180 days after the date of the enactment of this Act. (2) Initial report by secretary of defense.--The first report required to be submitted by the Secretary of Defense under section 491(c) of title 10, United States Code, as added by subsection (a), shall be submitted not later than 240 days after the date of the enactment of this Act. SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004. (a) References to Head of Intelligence Community.--Title 10, United States Code, is amended by striking ``Director of Central Intelligence'' each place it appears in the following provisions and inserting ``Director of National Intelligence'': (1) Section 192(c)(2). (2) Section 193(d)(2). (3) Section 193(e). (4) Section 201(a). (5) Section 201(c)(1). (6) Section 425(a). (7) Section 426(a)(3). (8) Section 426(b)(2). (9) Section 441(c). (10) Section 441(d). (11) Section 443(d). (12) Section 2273(b)(1). (13) Section 2723(a). (b) References to Head of Central Intelligence Agency.-- Such title is further amended by striking ``Director of Central Intelligence'' each place it appears in the following provisions and inserting ``Director of the Central Intelligence Agency'': (1) Section 431(b)(1). (2) Section 444. (3) Section 1089(g). (c) Other Amendments.-- (1) Subsection headings.-- (A) Section 441(c).--The heading of subsection (c) of section 441 of such title is amended by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''. (B) Section 443(d).--The heading of subsection (d) of section 443 of such title is amended by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''. (2) Section 201.--Section 201 of such title is further amended-- (A) in subsection (b)(1), to read as follows: ``(1) In the event of a vacancy in a position referred to in paragraph (2), before appointing an individual to fill the vacancy or recommending to the President an individual to be nominated to fill the vacancy, the Secretary of Defense shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security Act of 1947 (50 U.S.C. 403-6(b)).''; and (B) in subsection (c)(1), by striking ``National Foreign Intelligence Program'' and inserting ``National Intelligence Program''. Subtitle E--Roles and Missions Analysis SEC. 941. ANALYSIS AND ORGANIZATION OF ROLES AND MISSIONS OF DEPARTMENT OF DEFENSE. (a) Requirement for Quadrennial Roles and Missions Review.-- (1) In general.--Chapter 2 of title 10, United States Code, is amended by inserting after section 118a the following new section: ``Sec. 118b. Quadrennial roles and missions review ``(a) Review Required.--(1) The Secretary of Defense shall every four years conduct a comprehensive assessment (to be known as the `quadrennial roles and missions review') of the roles and missions of the Department of Defense. Each such quadrennial roles and missions review shall be conducted in consultation with the Chairman of the Joint Chiefs of Staff. ``(b) Conduct of Review.--Each quadrennial roles and missions review shall be conducted so as-- ``(1) to organize the significant missions of the Department of Defense into core mission areas that cover broad areas of military activity, such [[Page H5201]] as dominance of ground, air, maritime, and space environments; expeditionary warfare; mobility; homeland defense; and cyberoperations; and ``(2) to ensure that the core mission areas are defined so that the areas are mutually supportive but with as little overlap in functions as is necessary. ``(c) Submission to Congressional Committees.--(1) The Secretary shall submit a report on each quadrennial roles and missions review to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. ``(2) The report shall be submitted in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105(a) of title 31.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118a the following new item: ``118b. Quadrennial roles and missions review.''. (b) Repeal of Superseded Provision.--Section 118(e) of title 10, United States Code, is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2). (c) Deadline for First Roles and Missions Review.--The first roles and missions review under section 118b of title 10, United States Code, as added by subsection (a), shall be performed and completed during 2008. SEC. 942. IDENTIFICATION OF CORE COMPETENCIES OF THE MILITARY DEPARTMENTS AND OTHER ENTITIES WITHIN THE DEPARTMENT OF DEFENSE. (a) In General.-- (1) Requirement.--Chapter 3 of title 10, United States Code, is amended by inserting after section 125 the following new section: ``Sec. 125a. Core competencies ``(a) Requirement to Identify Core Competencies.--The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall identify core competencies for each of the following: ``(1) Each military department. ``(2) The Office of the Secretary of Defense. ``(3) Each Defense Agency. ``(4) Each Department of Defense Field Activity. ``(5) Each combatant command with acquisition authority. ``(b) Basis of Competencies.--In identifying the core competencies of an entity listed in subsection (a), the Secretary of Defense shall-- ``(1) ensure that each core competency is clearly associated with a core mission area of the Department of Defense (as identified pursuant to the quadrennial roles and missions review under section 118b of this title); and ``(2) base such identification on the ability of an entity to provide doctrinal, organizational, training, materiel, leadership, personnel, and facilities solutions to meet requirements within a core mission area of the Department of Defense.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``125a. Core competencies.''. (b) Report on Core Competencies.--The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the core competencies identified under section 125a of title 10, United States Code, as added by subsection (a), not later than the date on which the budget for fiscal year 2009 is submitted to Congress by the President under section 1105(a) of title 31, United States Code. SEC. 943. REVIEW OF CAPABILITIES OF THE MILITARY DEPARTMENTS AND OTHER ENTITIES. (a) Review Required.--The Secretary of Defense shall conduct a review of the capabilities that each of the following entities is performing or developing: (1) Each military department. (2) The Office of the Secretary of Defense. (3) Each Defense Agency. (4) Each Department of Defense Field Activity. (5) Each combatant command with acquisition authority. (b) Matters Covered.--In conducting the review, the Secretary of Defense-- (1) shall determine whether any such capabilities are outside the entity's core competencies (as identified under section 125a of this title) or outside a core mission area of the Department of Defense (as identified pursuant to the quadrennial roles and missions review under section 118b of this title); (2) shall determine whether any core competencies required to effectively perform the core mission areas of the Department of Defense are not being performed or developed in any entity listed in subsection (a); and (3) shall determine whether there is any duplication of a capability within a core mission area, and provide a justification for such duplication. (c) Report to Congress; Limitation.--Not later than June 1, 2009, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review. No new major defense acquisition programs may be started in the Department of Defense after June 1, 2009, until the report has been submitted to such committees. SEC. 944. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL DUTIES RELATING TO CORE MISSION AREAS. (a) Revisions in Mission.-- (1) Revisions.--Subsection (b) of section 181 of title 10, United States Code, is amended to read as follows: ``(b) Mission.--In addition to other matters assigned to it by the President or Secretary of Defense, the Joint Requirements Oversight Council shall-- ``(1) assist the Chairman of the Joint Chiefs of Staff-- ``(A) in identifying, assessing, and approving joint military requirements (including existing systems and equipment) to meet the national military strategy; and ``(B) in identifying the core mission area associated with each such requirement; ``(2) assist the Chairman in establishing and assigning priority levels for joint military requirements; ``(3) assist the Chairman in estimating the level of resources required in the fulfillment of each joint military requirement and in ensuring that such resource level is consistent with the level of priority assigned to such requirement; and ``(4) assist the Chairman in considering alternatives to any acquisition program that has been identified to meet joint military requirements by evaluating the cost, schedule, and performance criteria of each alternative and of the identified program.''. (2) Definitions.--Section 181 of such title is amended by adding at the end the following new subsection: ``(e) Definitions.--In this section: ``(1) The term `joint military requirement' means a capability necessary to fulfill a gap in a core mission area of the Department of Defense. ``(2) The term `core mission area' means a core mission area of the Department of Defense identified under the most recent quadrennial roles and missions review pursuant to section 118b of this title.''. (b) Additional Members of Joint Requirements Oversight Council.--Section 181(c) of title 10, United States Code, is amended-- (1) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F), and (G), respectively; and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) the Under Secretary of Defense for Acquisition, Technology, and Logistics; ``(C) the Under Secretary of Defense (Comptroller);''. (c) Organization.--Section 181 of such title is amended-- (1) by redesignating subsections (d) and (e) (as added by subsection (a)) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Organization.--The Joint Requirements Oversight Council shall organize its activities according to the core missions areas of the Department of Defense. In any review of a core mission area, the officer or official assigned to lead the review shall have a deputy from a different military department.''. (d) Deadlines.--Effective June 1, 2009, all joint military requirements documents of the Joint Requirements Oversight Council produced to carry out its mission under section 181(b)(1) of title 10, United States Code, shall conform to the core mission areas organized and defined under section 118b of such title. Not later than October 1, 2009, all such documents produced before June 1, 2009, shall conform to such structure. (e) Revised Function of Chairman of Joint Chiefs of Staff.--Section 153(a)(4)(F) of title 10, United States Code, is amended by striking ``Assessing military requirements for defense acquisition programs.'' and inserting ``Advising the Secretary on the effective and efficient coordination of all military requirements for defense acquisition programs.''. SEC. 945. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS PRIOR TO TECHNOLOGY DEVELOPMENT. (a) Requirement for Certification.-- (1) In general.--Chapter 139 of title 10, United States Code, is amended by inserting after section 2366a the following new section: ``Sec. 2366b. Major systems: requirement for Joint Requirements Oversight Council certification ``(a) Certification.--Before the start of technology development for a major system, the Joint Requirements Oversight Council shall certify-- ``(1) that the system fulfills an approved initial capabilities document; ``(2) that the system is being executed by an entity with a relevant core competency as identified by the Secretary of Defense under section 125a of this title; ``(3) if the system duplicates a capability already provided by an existing system, the duplication provided by such system is necessary and appropriate; and ``(4) that a cost estimate for the system has been submitted and that the level of resources required to develop and procure the system is consistent with the level of resources estimated by the Joint Requirements Oversight Council for the initial capabilities document identified under paragraph (1). ``(b) Notification.--With respect to a major system certified by the Joint Requirements Oversight Council under subsection (a), if the projected cost of the system, at any time prior to Milestone B approval, exceeds the cost estimate for the system submitted to the Council at the time of the certification by at least 25 percent, the Secretary of the military department concerned, or in the case of Office of the Secretary of Defense, a Defense Agency, or a Department of Defense Field Activity, the Secretary of Defense, shall notify the Joint Requirements Oversight Council. Upon receipt of such notification, the Council shall consider whether to recommend that the program be continued or that the program be terminated. [[Page H5202]] `` (c) Definitions.--In this section: ``(1) The term `major system' has the meaning provided in section 2302(5) of this title. ``(2) The term `initial capabilities document' means any capabilities requirement document approved by the Joint Requirements Oversight Council that establishes the need for a materiel approach to resolve a capability gap. ``(3) The term `technology development program' means a coordinated effort to assess technologies and refine user performance parameters to fulfill a capability gap identified in an initial capabilities document. ``(4) The term `entity' means an entity listed in section 125a(a) of this title. ``(5) The term `Milestone B approval' has the meaning provided that term in section 2366(e)(7) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``2366b. Major systems: requirement for Joint Requirements Oversight Council certification.''. (b) Effective Date.--Section 2366b of title 10, United States Code, as added by subsection (a), shall apply to major systems on and after March 1, 2008. SEC. 946. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY CORE MISSION AREA. (a) Time of Submission of Future-Years Mission Budget.--The second sentence of section 222(a) of title 10, United States Code, is amended to read as follows: ``That budget shall be submitted for any fiscal year with the future-years defense program submitted under section 221 of this title.''. (b) Organization of Future-Years Mission Budget.--The second sentence of section 222(b) of such title is amended by striking ``on the basis'' and all that follows through the end of the sentence and inserting the following: ``on the basis of both major force programs and the core mission areas identified under the most recent quadrennial roles and missions review pursuant to section 118b of this title.'' (c) Effective Date.--The amendments made by this section shall apply with respect to the future-years mission budget for fiscal year 2010 and each fiscal year thereafter. SEC. 947. FUTURE CAPABILITY PLANNING BY JOINT REQUIREMENTS OVERSIGHT COUNCIL. (a) Requirement for Extended Planning Annexes.--Section 181 of title 10, United States Code, as amended by this subtitle, is further amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): ``(f) Future Capability Planning.--(1)(A) The Secretary of Defense shall direct the commanders of combatant commands to prepare extended planning annexes to all operational and contingency plans. Each extended planning annex shall-- ``(i) include the commander's assessment of the capabilities needed to successfully accomplish the missions for which the operational and contingency plans were created; ``(ii) use a 15-year planning horizon and take into account expected changes in threats, the geopolitical environment, and doctrine, training, and operational concepts; and ``(iii) provide capability assessments for the year in which the annex is submitted and for the 5th, 10th, and 15th years after such year. ``(B) The extended planning annexes shall be submitted to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff biannually. ``(2) The Joint Requirements Oversight Council shall-- ``(A) in consultation with the office responsible for program analysis and evaluation within the Office of the Secretary of Defense and the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics, match-- ``(i) the capabilities that are expected to be provided by the acquisition programs in existence during the period covered by the most recent extended planning annexes, including classified and compartmentalized programs, and the science and technology programs in existence during that period, with ``(ii) capability needs identified in the extended planning annexes prepared under paragraph (1); ``(B) in coordination with the commanders of the combatant commands, and within 30 days after submission of the extended planning annexes, identify gaps in capabilities not likely to be closed by existing acquisition programs and science and technology programs described in subparagraph (A)(i), assign priorities for addressing such gaps, and identify areas where such programs are expected to provide capability beyond that which is required; and ``(C) develop a plan for the Department of Defense to acquire needed joint capabilities and divest itself of unneeded capabilities, based on the extended planning annexes prepared under paragraph (1). ``(3) In this subsection, the term `operational and contingency plans' means plans prepared by a commander of a combatant command to carry out missions assigned to the command under section 164 of this title.''. (b) Deadline for First Extended Planning Annexes.--The first extended planning annexes under section 181(f) of title 10, United States Code, as added by subsection (a), shall be submitted under that section not later than 90 days after the date of the enactment of this Act. Subtitle F--Other Matters SEC. 951. 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) 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. 952. INTERAGENCY POLICY COORDINATION. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to Congress a plan to to improve and reform the interagency coordination process on national security issues. (b) Elements.--The elements of the plan shall include the following: (1) Assigning either the Under Secretary of Defense for Policy or another official to be the lead policy official for improving and reforming the interagency coordination process on national security issues for the Department of Defense, with an explanation of any decision to name an official other than the Under Secretary and the relative advantages and disadvantages of such decision. (2) Giving the official assigned under paragraph (1) the following responsibilities: (A) To be the lead person at the Department of Defense for the development of policy affecting the national security interagency process. (B) To serve, or designate a person to serve, as the representative of the Department of Defense in Federal Government forums established to address interagency policy, planning, or reforms. (C) To advocate, on behalf of the Secretary, for greater interagency coordination and contributions in the execution of the National Security Strategy and particularly specific operational objectives undertaken pursuant to that strategy. (D) To make recommendations to the Secretary of Defense on changes to existing Department of Defense regulations or laws to improve the interagency process. (E) To serve as the coordinator for all planning and training assistance that is-- (i) designed to improve the interagency process or the capabilities of other agencies to work with the Department of Defense; and (ii) provided by the Department of Defense at the request of other agencies. (F) To serve as the lead official in Department of Defense for the development of deployable joint interagency task forces. (c) Factors to Be Considered.--In drafting the plan, the Secretary of Defense shall also consider the following factors: (1) How the official assigned under subsection (b)(1) shall provide input to the Secretary of Defense on an ongoing basis on how to incorporate the need to coordinate with other agencies into the establishment and reform of combatant commands. (2) How such official shall develop and make recommendations to the Secretary of Defense on a regular or an ongoing basis on changes to military and civilian personnel to improve interagency coordination. (3) How such official shall work with the combatant command that has the mission for joint warfighting experimentation and other interested agencies to develop exercises to test and validate interagency planning and capabilities. (4) How such official shall lead, coordinate, or participate in after-action reviews of operations, tests, and exercises to capture lessons learned regarding the functioning of the interagency process and how those lessons learned will be disseminated. (5) The role of such official in ensuring that future defense planning guidance takes into account the capabilities and needs of other agencies. (d) Recommendation on Changes in Law.--The Secretary of Defense may submit with the [[Page H5203]] plan or with any future budget submissions recommendations for any changes to law that are required to enhance the ability of the official assigned under subsection (b)(1) in the Department of Defense to coordinate defense interagency efforts or to improve the ability of the Department of Defense to work with other agencies. (e) Annual Report.--If an official is named by the Secretary of Defense under subsection (b)(1), the official shall annually submit to Congress a report, beginning in the fiscal year following the naming of the official, on those actions taken by the Department of Defense to enhance national security interagency coordination, the views of the Department of Defense on efforts and challenges in improving the ability of agencies to work together, and suggestions on changes needed to laws or regulations that would enhance the coordination of efforts of agencies. (f) Definition.--In this section, the term ``interagency coordination'', within the context of Department of Defense involvement, means the coordination that occurs between elements of the Department of Defense and engaged Federal Government agencies for the purpose of achieving an objective. (g) Construction.--Nothing in this provision shall be construed as preventing the Secretary of Defense from naming an official with the responsibilities listed in subsection (b) before the submission of the report required under this section. SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE AGREEMENTS UNDER NATIONAL SECURITY EDUCATION PROGRAM. Paragraph (2) of subsection (b) of section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902), as most recently amended by section 945 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2367), is amended-- (1) in subparagraph (A)-- (A) in clause (i) by striking ``or'' at the end; and (B) by adding at the end the following: ``(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); or''; and (2) in subparagraph (B)-- (A) in clause (i) by striking ``or'' at the end; (B) in clause (ii) by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(iii) for not less than one academic year in a position in the field of education in a discipline related to the study supported by the program if the recipient demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and offices covered by clauses (i) and (ii); and''. SEC. 954. STUDY OF NATIONAL SECURITY INTERAGENCY SYSTEM. (a) Study Required.--The Secretary of Defense may enter into an agreement with an independent, nonprofit, nonpartisan 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). (c) Submission Date.--The agreement entered into under subsection (a) shall require the organization to submit the report required under subsection (b) not later than 180 days after the date on which the Secretary makes funds appropriated pursuant to section 301(5) available to the organization. (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 integrate their policies, capabilities, expertise, and activities to accomplish such missions. (e) Funding.--Of the amounts authorized to be appropriated by section 301(5), not more than $4,000,000 shall be available to carry out this section. TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters Sec. 1001. General transfer authority. Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008. Subtitle B--Policy Relating to Vessels and Shipyards Sec. 1011. Limitation on leasing of foreign-built vessels. Sec. 1012. Policy relating to major combatant vessels of the strike forces of the United States Navy. Subtitle C--Counter-Drug Activities Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter- terrorism activities. Subtitle D--Reports Sec. 1031. Extension and modification of report relating to hardened and deeply buried targets. Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device Defeat Organization. Sec. 1033. Report on a national joint modeling and simulation development strategy. Subtitle E--Other Matters Sec. 1041. Enhancement of corrosion control and prevention functions within Department of Defense. Sec. 1042. Support by National Guard for national special security events and other critical national security activities. Sec. 1043. Improved authority to provide rewards for assistance in combating terrorism. Sec. 1044. Revision of proficiency flying definition. Sec. 1045. Support for non-Federal development and testing of material for chemical agent defense. Sec. 1046. Congressional Commission on the Strategic Posture of the United States. Sec. 1047. Technical and clerical amendments. Sec. 1048. Repeal of certification requirement. Sec. 1049. Prohibition on sale by Department of Defense of parts for F- 14 fighter aircraft. Sec. 1050. Maintenance of capability for space-based nuclear detection. Sec. 1051. Additional weapons of mass destruction civil support teams. Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm self-propelled howitzer. Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba. Sec. 1054. Repeal of provisions in section 1076 of Public Law 109-364 relating to use of Armed Forces in major public emergencies. 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.--The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,500,000,000. (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). (e) Prohibition on Transfers From Guard and Reserve Accounts.--Funds authorized in this division for an account of the National Guard or other reserve components of the Armed Forces may not be a source of funds for transfer to a different account other than another account of the National Guard or other reserve component. SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2008. (a) Fiscal Year 2008 Limitation.--The total amount contributed by the Secretary of Defense in fiscal year 2008 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation). (b) Total Amount.--The amount of the limitation applicable under subsection (a) is the sum of the following: (1) The amounts of unexpended balances, as of the end of fiscal year 2007, of funds appropriated for fiscal years before fiscal year 2008 for payments for those budgets. (2) The amount specified in subsection (c)(1). (3) The amount specified in subsection (c)(2). (4) The total amount of the contributions authorized to be made under section 2501. (c) Authorized Amounts.--Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows: (1) Of the amount provided in section 201(1), $1,031,000 for the Civil Budget. (2) Of the amount provided in section 301(1), $362,159,000 for the Military Budget. (d) Definitions.--For purposes of this section: (1) Common-funded budgets of nato.--The term ``common- funded budgets of NATO'' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO). (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 [[Page H5204]] 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. Subtitle B--Policy Relating to Vessels and Shipyards SEC. 1011. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS. (a) In General.-- (1) Contracts for leases for more than 24 months.--Chapter 141 of title 10, United States Code, is amended by inserting after section 2401a the following new section: ``Sec. 2401b. Limitation on lease of foreign-built vessels ``(a) Limitation.--The Secretary of a military department may not make a contract for a lease or charter of a vessel for a term of more than 24 months (including all options to renew or extend the contract) if the hull, or a component of the hull and superstructure of the vessel, is constructed in a foreign shipyard. ``(b) Presidential Waiver for National Security Interest.-- (1) The President may authorize exceptions to the limitation in subsection (a) when the President determines that it is in the national security interest of the United States to do so. ``(2) The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date on which the notice of the determination is received by Congress.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2401a the following new item: ``2401b. Limitation on lease of foreign-built vessels.''. (b) Effective Date.--Section 2401b of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts entered into after the date of the enactment of this Act. SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF THE UNITED STATES NAVY. (a) Integrated Nuclear Power Systems.--It is the policy of the United States to construct the major combatant vessels of the strike forces of the United States Navy, including all new classes of such vessels, with integrated nuclear power systems. (b) Requirement to Request Nuclear Vessels.--If a request is submitted to Congress in the budget for a fiscal year for construction of a new class of major combatant vessel for the strike forces of the United States, the request shall be for such a vessel with an integrated nuclear power system, unless the Secretary of Defense submits with the request a notification to Congress that the inclusion of an integrated nuclear power system in such vessel is not in the national interest. (c) Definitions.--In this section: (1) Major combatant vessels of the strike forces of the united states navy.--The term ``major combatant vessels of the strike forces of the United States Navy'' means the following: (A) Submarines. (B) Aircraft carriers. (C) Cruisers, battleships, or other large surface combatants whose primary mission includes protection of carrier strike groups, expeditionary strike groups, and vessels comprising a sea base. (2) Integrated nuclear power system.--The term ``integrated nuclear power system'' means a ship engineering system that uses a naval nuclear reactor as its energy source and generates sufficient electric energy to provide power to the ship's electrical loads, including its combat systems and propulsion motors. (3) Budget.--The term ``budget'' means the budget that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. Subtitle C--Counter-Drug Activities SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES. Section 1022(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note) is amended by striking ``and 2007'' and inserting ``through 2008''. Subtitle D--Reports SEC. 1031. EXTENSION AND MODIFICATION OF REPORT RELATING TO HARDENED AND DEEPLY BURIED TARGETS. Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2643; 10 U.S.C. 2358 note) is amended-- (1) in the heading, by striking ``ANNUAL REPORT ON WEAPONS'' and inserting ``REPORT ON CAPABILITIES''; (2) in subsection (a)-- (A) in the heading, by striking ``Annual''; (B) by striking ``April 1 of each year'' and inserting ``March 1, 2009, and every two years thereafter,''; (C) by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; (D) by striking ``the preceding fiscal year'' and inserting ``the preceding two fiscal years and planned for the current fiscal year and the next fiscal year''; and (E) by striking ``to develop weapons'' and inserting ``to develop capabilities''; (3) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``The report for a fiscal year'' and inserting ``A report submitted''; (B) in paragraph (1), by striking ``were undertaken during that fiscal year'' and inserting ``were or will be undertaken during the four-fiscal-year period covered by the report''; and (C) in paragraph (2) in the matter preceding subparagraph (A), by striking ``were undertaken during such fiscal year'' and inserting ``were or will be undertaken during the four- fiscal-year period covered by the report''; and (4) in subsection (d), by striking ``April 1, 2007'' and inserting ``March 1, 2013''. SEC. 1032. COMPTROLLER GENERAL REVIEW OF THE JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT ORGANIZATION. (a) Evaluation Required.--The Comptroller General of the United States shall conduct a review of the Joint Improvised Explosive Device Defeat Organization and its activities. (b) Analyses Required.--The review required by subsection (a) shall include an analysis of each of the following: (1) The appropriateness and efficacy of the efforts of the Organization to achieve its mission, including strategy, plans, technologies developed, and programs funded. (2) The process used by the Organization to select appropriate and effective technologies and other solutions to achieve its mission. (3) The ability of the Organization to respond to rapidly changing threats and to anticipate future threats. (4) The performance of the Organization in leading, advocating, and coordinating all of the activities of the Department of Defense to defeat improvised explosive devices and an assessment of the Organization's authority to do so. (5) The appropriateness of the staff of the Organization, including the number, qualifications, and functions of the personnel of the Organization and the use of contractors in the Organization. (6) The efforts of the Organization to target enemy networks and how the Organization is leveraging and coordinating such efforts with the efforts of other elements of the Department, and other elements of the United States Government, that are also targeting enemy networks. (7) The feedback from the warfighter with respect to the efforts of the Organization. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall contain a summary of the findings of the review. SEC. 1033. REPORT ON A NATIONAL JOINT MODELING AND SIMULATION DEVELOPMENT STRATEGY. (a) Report Required.--The Secretary of Defense shall submit to the congressional defense committees a report that would provide for the development and implementation of a joint modeling and simulation concept to support the full spectrum of Department of Defense modeling and simulation requirements and that outlines a plan that details the Department's modeling and simulation coordination efforts. Such a plan shall-- (1) identify the unique modeling and simulation capabilities of the components of the Department and the Combatant Commands; (2) identify incentives to reduce duplicative modeling and simulation capabilities of the components of the Department and the Combatant Commands and recommend capabilities to be divested where such duplication is not necessary; (3) recommend capabilities to be leveraged from within other Federal agencies, national laboratories, State and local governments, academia, private industry, and United States and international standards organizations; and (4) be capable of supporting joint training, experimentation, systems acquisition, test and evaluation, assessment, and planning. (b) Submission of Report.--Not later than nine months after the date of the enactment of this Act, the Secretary shall submit the report under subsection (a). (c) Matters to Be Included.--The report under subsection (a) shall include the following: (1) An identification and description of the types of joint training, experimentation, systems acquisition, test and evaluation, assessment, and planning that would be conducted using such a joint capability, together with a description of how such a joint capability would enhance accomplishment of the four priorities as focus of the 2006 Quadrennial Defense Review (QDR) Report of the Secretary of Defense issued on February 6, 2006. (2) A discussion of how establishment of such a joint capability would promote modeling and simulation innovation and transformation throughout the Department of Defense to improve operational capabilities and enhance national security. (3) A methodology, framework, and options that include consideration of leveraging existing capabilities that would accommodate requirements among all the Armed Forces, including common infrastructure and data. (4) A management plan for coordinating between functional and organizational stakeholders, as well as a plan to continuously introduce new modeling and simulation technologies and divest outdated capabilities. (5) Options to allow non-defense users to access such a modeling and simulation capability, as appropriate, for homeland security and consequence management for Federal, State, and local requirements. (6) Cost estimates and resource requirements to establish and maintain such a strategy, including estimates of costs and resource requirements for the use of government civilian and military, and contract personnel for the performance of management, operational, and logistics activities for such a capability. (7) An explanation of the relationship between and among such a capability and the Office of the Secretary of Defense, the Joint Staff, the military departments, commanders of combatant commands, Federal agencies, national laboratories, State and local governments, academia, [[Page H5205]] private industry, United States and international standards organizations, and international partners with responsibility to use modeling and simulation to meet their mission. (8) A timeline for the establishment of such a capability and for such a capability to achieve-- (A) initial operational capability; and (B) full operational capability. (9) At least two alternative modeling and simulation coordination plans, including a Joint Modeling and Simulation Development Strategy, provided that such plans include the required matters in subsection (a) and subsection (c), excluding subsection (c)(8), and provided that such reports were submitted to the Secretary by a commander of a Unified Combatant Command or Service Chief. Subtitle E--Other Matters SEC. 1041. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS WITHIN DEPARTMENT OF DEFENSE. (a) Office of Corrosion Policy and Oversight.--(1) Section 2228 of title 10, United States Code, is amended by striking the section heading and subsection (a) and inserting the following: ``Sec. 2228. Office of Corrosion Policy and Oversight ``(a) Office and Director.--(1) There is an Office of Corrosion Policy and Oversight within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics. ``(2) The Office shall be headed by a Director of Corrosion Policy and Oversight, who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense with the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Secretary of Defense (after the Under Secretary of Defense for Acquisition, Technology, and Logistics) for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense. The Director shall report directly to the Under Secretary. ``(3) In order to qualify to be assigned to the position of Director, an individual shall-- ``(A) have management expertise in, and professional experience with, corrosion project and policy implementation, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; and ``(B) have an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements. ``(4) The Secretary of Defense shall designate the position of Director as a critical acquisition position under section 1733(b)(1)(C) of this title.''. (2) Section 2228(b) of such title is amended-- (A) in paragraph (1), by striking ``official or organization designated under subsection (a)'' and inserting ``Director of Corrosion Policy and Oversight (in this section referred to as the `Director')''; and (B) in paragraphs (2), (3), (4), and (5), by striking ``designated official or organization'' and inserting ``Director''. (b) Additional Authority for Director of Office.--Section 2228 of such title is further amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Additional Authorities for Director.--The Director is authorized to-- ``(1) develop, update, and coordinate corrosion training with the Defense Acquisition University; ``(2) participate in the process within the Department of Defense for the development of relevant directives and instructions; and ``(3) interact directly with the corrosion prevention industry, trade associations, and scientific organizations engaged in corrosion prevention, including the National Academy of Sciences.''. (c) Report Requirement.--Section 2228 of such title is further amended by inserting after subsection (d) (as redesignated by subsection (b)) the following new subsection: ``(e) Report.--(1) For each budget for a fiscal year, beginning with the budget for fiscal year 2009, the Secretary of Defense shall submit, with the defense budget materials, a report on the following: ``(A) Funding requirements for the long-term strategy developed under subsection (d). ``(B) The return on investment that would be achieved by implementing the strategy. ``(C) The funds requested in the budget compared to the funding requirements. ``(D) A justification if the funding requirements are not fully funded in the budget. ``(2) Within 60 days after submission of the budget for a fiscal year, the Comptroller General shall provide to the congressional defense committees-- ``(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).''. (d) Definitions.--Subsection (f) of section 2228 of such title, as redesignated by subsection (b), is amended by adding at the end the following new paragraphs: ``(4) The term `budget', with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. ``(5) The term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.''. SEC. 1042. SUPPORT BY NATIONAL GUARD FOR NATIONAL SPECIAL SECURITY EVENTS AND OTHER CRITICAL NATIONAL SECURITY ACTIVITIES. (a) In General.--Chapter 1 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 116. Defense support of civil authorities ``(a) In General.--At the request of a Federal department or agency head in accordance with this section, and when authorized by the Secretary of Defense, the Governor of a State may employ under this title units or members of the National Guard of that State to provide defense support of civil authorities to the requesting Federal department or agency. ``(b) Activities Included in Defense Support of Civil Authorities.--Defense support of civil authorities activities authorized by subsection (a) include support provided for national special security events and other activities determined by the Secretary of Defense as being critical to national security, including-- ``(1) ground reconnaissance activities; ``(2) airborne reconnaissance activities; ``(3) logistical support; ``(4) emergency medical assistance and services; ``(5) communications services; ``(6) security assistance and services; and ``(7) air and ground transportation. ``(c) Reimbursement.--(1) Subject to the exceptions in paragraph (3), the costs incurred by the National Guard shall be reimbursed to the Department of Defense from the appropriations available to the Federal department or agency to which the support is provided. The reimbursement shall include the costs of-- ``(A) the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard of that State; ``(B) the operation and maintenance of the equipment and facilities of the National Guard of that State; and ``(C) the procurement of services and equipment, and the leasing of equipment, for the National Guard of that State. ``(2) Any funds received by the Department of Defense as reimbursement for support provided by units or members of the National Guard under this section shall be credited, at the option of the Secretary of Defense, to-- ``(A) the appropriation, fund, or account from which funds were expended for the support; or ``(B) the appropriate appropriation, fund, or account currently available for such purpose. ``(3) A Federal department or agency to which support is provided under this section is not required to reimburse the Department of Defense for such support if the Secretary of Defense waives reimbursement. The Secretary of Defense may waive the reimbursement requirement under this section if-- ``(A) the support is provided in the normal course of military training or operations; or ``(B) the support provided results in a benefit to units or members of the National Guard providing the support that is substantially equivalent to that which would otherwise be obtained from military operations or training. ``(d) Requirements for Requests.--Requests for assistance from Federal departments or agencies under this section shall be submitted to the Secretary of Defense. Any such request shall include the following: ``(1) The specific support capability requested. ``(2) The duration of the requested support activities. ``(3) A certification that the requested support activities will be fully reimbursable. ``(4) A certification from the Governor of the State concerned that the requested support will be provided at a time when the personnel involved are not in Federal service. ``(e) Characterization of Service.--All duty performed under this section shall be considered to be full-time National Guard duty under section 502(f) of this title. ``(f) Duration of Support.--The period for which support may be provided to a Federal department or agency under this section shall be limited to 180 days. When requested by the head of a Federal department or agency, the Secretary of Defense may, with the concurrence of the Governor of the State concerned, extend the period of time for an additional 90 days to meet extraordinary circumstances. ``(g) Training and Benefits.--(1) A member of the National Guard performing duty under this section shall, in addition to performing such duty, participate in the training required under section 502(a) of this title. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing the duty under this section. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. ``(2) To ensure that the use of units and personnel of the National Guard of a State for activities specified in subsection (b) does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the activities that units and personnel of the National Guard of a State may perform: ``(A) The performance of the activities may not affect adversely the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. ``(B) The performance of the activities may not degrade the military skills of the members of the National Guard performing those activities. ``(h) Limitation on Provision of Support Activities.-- Defense support of civil authorities activities conducted under authority of this section may not be provided if the provision of such support will affect adversely the military preparedness of the United States. ``(i) Relationship to Other Authorities.--Nothing in this section shall be construed as a limitation on the authority of any unit of the [[Page H5206]] National Guard of a State, when such unit is not in Federal service, to perform functions authorized to be performed by the National Guard by the laws of the State concerned. ``(j) Definitions.--For purposes of this section: ``(1) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. ``(2) The term `national special security event' means an event designated as such as authorized by the President that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.''. (b) Clerical and Conforming Amendments.-- (1) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``116. Defense support of civil authorities.''. (2) Section 115(i)(13) of title 10, United States Code, is amended by inserting ``or defense support of civil authorities under section 116 of such title'' after ``title 32''. SEC. 1043. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN COMBATING TERRORISM. (a) Increased Amounts.--Section 127b of title 10, United States Code, is amended-- (1) in subsection (b), by striking ``$200,000'' and inserting ``$5,000,000''; (2) in subsection (c)(1)(B), by striking ``$50,000'' and inserting ``$1,000,000''; and (3) in subsection (d)(2), by striking ``$100,000'' and inserting ``$2,000,000''. (b) Involvement of Allied Forces.--Such section is further amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting after ``United States Government personnel'' the following: ``, or government personnel of allied forces participating in a combined operation with the armed forces,''; (B) in paragraph (1), by inserting after ``armed forces'' the following: ``, or of allied forces participating in a combined operation with the armed forces,''; and (C) in paragraph (2), by inserting after ``armed forces'' the following: ``, or of allied forces participating in a combined operation with the armed forces''; and (2) in subsection (c), by adding at the end the following: ``(3)(A) Subject to subparagraphs (B) and (C), an official who has authority delegated under paragraph (1) or (2) may use that authority, acting through government personnel of allied forces, to offer and make rewards. ``(B) The Secretary of Defense shall prescribe policies and procedures for making rewards in the manner described in subparagraph (A), which shall include guidance for the accountability of funds used for making rewards in that manner. The policies and procedures shall not take effect until 30 days after the date on which the Secretary submits the policies and procedures to the congressional defense committees. Rewards may not be made in the manner described in subparagraph (A) except under policies and procedures that have taken effect. ``(C) Rewards may not be made in the manner described in subparagraph (A) after September 30, 2010. ``(D) Not later than April 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this paragraph. The report shall identify each reward made in the manner described in subparagraph (A) and, for each such reward-- ``(i) identify the type, amount, and recipient of the reward; ``(ii) explain the reason for making the reward; and ``(iii) assess the success of the reward in advancing the effort to combat terrorism.''. (c) Annual Report to Include Specific Information on Additional Authority.--Section 127b of title 10, United States Code, is further amended in subsection (f)(2) by adding at the end the following new subparagraph: ``(D) Information on the implementation of paragraph (3) of subsection (c).''. SEC. 1044. REVISION OF PROFICIENCY FLYING DEFINITION. Subsection (c) of section 2245 of title 10, United States Code, is amended to read as follows: ``(c) In this section, the term `proficiency flying' means flying performed under competent orders by a rated or designated member of the armed forces while serving in a non- aviation assignment or in an assignment in which skills would normally not be maintained in the performance of assigned duties.''. SEC. 1045. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING OF MATERIAL FOR CHEMICAL AGENT DEFENSE. (a) Authority to Provide Toxic Chemicals or Precursors.-- (1) In general.--The Secretary of Defense, in coordination with the heads of other elements of the Federal Government, may make available, to a State, a unit of local government, or a private entity incorporated in the United States, small quantities of a toxic chemical or precursor for the development or testing, in the United States, of material that is designed to be used for protective purposes. (2) Terms and conditions.--Any use of the authority under paragraph (1) shall be subject to such terms and conditions as the Secretary considers appropriate. (b) Payment of Costs and Disposition of Funds.-- (1) In general.--The Secretary shall ensure, through the advance payment required by paragraph (2) and through any other payments that may be required, that a recipient of toxic chemicals or precursors under subsection (a) pays for all actual costs, including direct and indirect costs, associated with providing the toxic chemicals or precursors. (2) Advance payment.--In carrying out paragraph (1), the Secretary shall require each recipient to make an advance payment in an amount that the Secretary determines will equal all such actual costs. (3) Credits.--A payment received under this subsection shall be credited to the account that was used to cover the costs for which the payment was provided. Amounts so credited shall be merged with amounts in that account, and shall be available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account. (c) Chemical Weapons Convention.--The Secretary shall ensure that toxic chemicals and precursors are made available under this section for uses and in quantities that comply with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris on January 13, 1993, and entered into force with respect to the United States on April 29, 1997. (d) Definitions.--In this section, the terms ``precursor'', ``protective purposes'', and ``toxic chemical'' have the meanings given those terms in the convention referred to in subsection (c), in paragraph 2, paragraph 9(b), and paragraph 1, respectively, of article II of that convention. SEC. 1046. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES. (a) Establishment.--There is hereby established a commission to be known as the ``Congressional Commission on the Strategic Posture of the United States''. The purpose of the commission is to examine and make recommendations with respect to the long-term strategic posture of the United States. (b) Composition.-- (1) Membership.--The commission shall be composed of 12 members appointed as follows: (A) Three by the chairman of the Committee on Armed Services of the House of Representatives. (B) Three by the ranking minority member of the Committee on Armed Services of the House of Representatives. (C) Three by the chairman of the Committee on Armed Services of the Senate. (D) Three by the ranking minority member of the Committee on Armed Services of the Senate. (2) Chairman; vice chairman.-- (A) In general.--The chairman of the Committee on Armed Services of the House of Representatives and the chairman of the Committee on Armed Services of the Senate shall jointly designate one member of the commission to serve as chairman of the commission and one member to serve as vice chairman. (B) Consultation.--The designations under subparagraph (A) shall be made in consultation with the ranking minority members of the committees described in that subparagraph. (3) Period of appointment; vacancies.--Members shall be appointed for the life of the commission. Any vacancy in the commission shall be filled in the same manner as the original appointment. (c) Duties.-- (1) Review.--The commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure. (2) Assessment and recommendations.-- (A) Assessment.--The commission shall assess the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States. (B) Recommendations.--The commission shall make recommendations as to the most appropriate strategic posture and most effective nuclear weapons strategy. (d) Cooperation From Government.-- (1) Cooperation.--In carrying out its duties, the commission shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Director of National Intelligence, and any other United States Government official in providing the commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison.--The Secretary of Defense, the Secretary of Energy, the Secretary of State, and the Director of National Intelligence shall each designate at least one officer or employee of the Department of Defense, the Department of Energy, the Department of State, and the intelligence community, respectively, to serve as a liaison officer between the department (or the intelligence community, as the case may be) and the commission. (e) Report.--Not later than December 1, 2008, the commission shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the commission's findings, conclusions, and recommendations. The report shall identify the strategic posture and nuclear weapons strategy recommended under subsection (c)(2)(B) and shall include-- (1) the military capabilities and force structure necessary to support the strategy, including conventional means of providing global strike capabilities; (2) the number of nuclear weapons required to support the strategy, including the number of replacement warheads required, if any; (3) the appropriate qualitative analysis, including force- on-force exchange modeling, to calculate the effectiveness of the strategy under various scenarios; (4) the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy; (5) an assessment of the role of missile defenses in the strategy; [[Page H5207]] (6) an assessment of the role of nonproliferation programs in the strategy; (7) the political and military implications of the strategy for the United States and its allies; and (8) any other information or recommendations relating to the strategy (or to the strategic posture) that the commission considers appropriate. (f) Funding.--Of the amounts appropriated or otherwise made available pursuant to this Act to the Department of Defense, $5,000,000 is available to fund the activities of the commission. (g) Termination.--The commission shall terminate on June 1, 2009. (h) Conforming Repeal.--Section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is repealed. SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS. (a) Title 10, United States Code.--Title 10, United States Code, is amended as follows: (1) Chapter 3 is amended-- (A) by redesignating the section 127c added by section 1201(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2410) as section 127d and transferring that section so as to appear immediately after the section 127c added by section 1231(a) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3467); and (B) by revising the table of sections at the beginning of such chapter to reflect the redesignation and transfer made by paragraph (1). (2) Section 629(d)(1) is amended by inserting a comma after ``(a)''. (3) Section 637(b)(3) is amended by striking ``section 1251(b)'' and inserting ``section 1253''. (4) Section 662(b) is amended by striking ``paragraphs (1), (2), and (3) of subsection (a)'' and inserting ``paragraphs (1) and (2) of subsection (a)''. (5) Section 1034(b)(2) is amended by inserting ``unfavorable'' before ``action'' the second place it appears. (6) Section 1076b(j) is amended-- (A) by striking ``section 205(9)'' and inserting ``205(10)''; and (B) by striking ``1970)'' and inserting ``1970 (title II of Public Law 91-373; 26 U.S.C. 3304 note))''. (7) The table of sections at the beginning of chapter 137 is amended by striking the item relating to section 2333 and inserting the following new item: ``2333. Joint policies on requirements definition, contingency program management, and contingency contracting.''. (8) The table of sections at the beginning of chapter 141 is amended by inserting a period at the end of the item relating to section 2410p. (9) The table of sections at the beginning of chapter 152 is amended by inserting a period at the end of the item relating to section 2567. (10) Section 2583(e) is amended by striking ``Dogs'' and inserting ``Animals''. (11) Section 2668(e) is amended by striking ``and (d)'' and inserting ``and (e)''. (12) Section 12304(a) is amended by striking the second period at the end. (13) Section 14310(d)(1) is amended by inserting a comma after ``(a)''. (b) Title 37, United States Code.--Section 302c(d)(1) of title 37, United States Code, is amended by striking ``Services Corps'' and inserting ``Service Corps''. (c) John Warner National Defense Authorization Act for Fiscal Year 2007.--Effective as of October 17, 2006, and as if included therein as enacted, the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended as follows: (1) Section 333(a) (120 Stat. 2150) is amended-- (A) by striking ``Section 332(c)'' and inserting ``Section 332''; and (B) in paragraph (1), by inserting ``in subsection (c),'' after ``(1)''. (2) Section 348(2) (120 Stat. 2159) is amended by striking ``60 days of'' and inserting ``60 days after''. (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by inserting a comma after ``title''. (4) Section 591(b)(1) (120 Stat. 2233) is amended by inserting a period after ``this title''. (5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by striking ``in'' and inserting ``In''. (6) Section 670(b) (120 Stat. 2269) is amended by striking ``such title'' and inserting ``such chapter''. (7) Section 673 (120 Stat. 2271) is amended-- (A) in subsection (a)(1), by inserting ``the second place it appears'' before ``and inserting''; (B) in subsection (b)(1)-- (i) by striking ``Section'' and inserting ``Subsection (a) of section''; and (ii) by inserting ``the second place it appears'' before ``and inserting''; and (C) in subsection (c)(1), by inserting ``the second place it appears'' before ``and inserting''. (8) Section 842(a)(2) (120 Stat. 2337) is amended by striking ``adding at the end'' and inserting ``inserting after the item relating to section 2533a''. (9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C. 2631 note) is amended by striking ``section 27'' and all that follows through the period at the end and inserting ``sections 12112 and 50501 and chapter 551 of title 46, United States Code.''. (10) Section 1071(f) (120 Stat. 2402) is amended by striking ``identical'' both places it appears. (11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 2776a(d)) is amended by striking ``note''. (12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is amended by striking ``2906 of such Act'' and inserting ``2906A of such Act''. (13) Section 2831 (120 Stat. 2480) is amended-- (A) by striking ``Section 2667(d)'' and inserting ``Section 2667(e)''; and (B) by inserting ``as redesignated by section 662(b)(1) of this Act,'' after ``Code,''. (d) Public Law 109-366.--Effective as of October 17, 2006, and as if included therein as enacted, Public Law 109-366 is amended as follows: (1) Section 8(a)(3) (120 Stat. 2636) is amended by inserting a semicolon after ``subsection''. (2) Section 9(1) (120 Stat. 2636) is amended by striking ``No. 1.'' and inserting ``No. 1,''. (e) National Defense Authorization Act for Fiscal Year 2006.--Effective as of January 6, 2006, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) is amended as follows: (1) Section 571 (119 Stat. 3270) is amended by striking ``931 et seq.)'' and inserting ``921 et seq.)''. (2) Section 1052(j) (119 Stat. 3435) is amended by striking ``Section 1049'' and inserting ``Section 1409''. (f) National Defense Authorization Act for Fiscal Year 2004.--The National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) is amended as follows: (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) is amended by striking ``those program'' and inserting ``those programs''. (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) is amended by striking ``(A))'' and inserting ``(A)))''. (3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note) is amended by inserting ``Security'' after ``Health''. (g) National Defense Authorization Act for Fiscal Year 1994.--Section 845(a) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended-- (1) in paragraph (2)(A), by inserting ``Research'' after ``Defense Advanced''; and (2) in paragraph (3), by inserting ``Research'' after ``Defense Advanced''. (h) National Defense Authorization Act for Fiscal Year 1993.--Section 722(a)(1) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1073 note) is amended by striking ``155 Stat.'' and inserting ``115 Stat.''. SEC. 1048. REPEAL OF CERTIFICATION REQUIREMENT. Section 1063 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3445) is repealed. SEC. 1049. PROHIBITION ON SALE BY DEPARTMENT OF DEFENSE OF PARTS FOR F-14 FIGHTER AIRCRAFT. (a) Findings.--Congress makes the following findings: (1) The Department of Defense is responsible for demilitarizing and auctioning off sensitive surplus United States military equipment. (2) F-14 ``Tomcat'' fighter aircraft have recently been retired, and their parts are being made available by auction in large quantities. (3) Iran is the only country, besides the United States, flying F-14 fighter aircraft and is purchasing surplus parts for such aircraft from brokers. (4) The Government Accountability Office has, as a result of undercover investigative work, declared the acquisition of the surplus United States military equipment, including parts for F-14 fighter aircraft, to be disturbingly effortless. (5) Upon the seizure of such sensitive surplus military equipment being sold to Iran, United States customs agents have discovered these same items, having been resold by the Department of Defense, being brokered illegally to Iran again. (6) Iran is pursuing a nuclear weapons capability, and the Department of State has identified Iran as the most active state sponsor of terrorism. (7) Iran continues to provide funding, safe haven, training, and weapons to known terrorist groups, including Hizballah, HAMAS, the Palestine Islamic Jihad, and the Popular Front for the Liberation of Palestine. (8) The sale of spare parts for F-14 fighter aircraft could make it more difficult to confront the nuclear weapons capability of Iran and would strengthen the ground war capability of Iran. To prevent these threats to regional and global security, the sale of spare parts for F-14 fighter aircraft should be prohibited. (b) Prohibition on Sale by Department of Defense.-- (1) In general.--Notwithstanding any other provision of law and 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. (c) 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. 1050. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR DETECTION. The Secretary of Defense shall maintain the capability for space-based nuclear detection at a level that meets or exceeds the level of capability as of the date of the enactment of this Act. SEC. 1051. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS. Section 1403(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 12310 note) is amended-- (1) in paragraph (1)-- (A) by striking ``23'' and inserting ``25''; and (B) by striking ``55'' and inserting ``57''; and (2) in paragraph (2), by striking ``55'' and inserting ``57''. [[Page H5208]] SEC. 1052. SENSE OF CONGRESS REGARDING NEED TO REPLACE ARMY M109 155MM SELF-PROPELLED HOWITZER. (a) Findings.--Congress finds the following: (1) Military historians recognize the M109 155mm self- propelled howitzer as a pioneer of the configuration of modern mechanized artillery. (2) The M109 was first used by the Army in combat during the Vietnam War. (3) The Marine Corps also made use of the M109 during the Vietnam War, primarily in defensive ways similar to the Army. (4) The Army adapted the M109 for use during the Gulf War, adding capability for more lethal DPICM rounds. (5) The M109 has most recently demonstrated its usefulness in Operation Iraqi Freedom, dependably placing rounds downrange about two minutes after obtaining its mission. (b) Sense of Congress.--It is the sense of Congress that, while the M109 155mm self-propelled howitzer has been a dependable military weapon for 40 years and recognizing the budgeting challenges facing the Armed Forces, the Army-- (1) has not been timely in procuring a replacement for the M109; and (2) should transition to the NLOS-C as the replacement for the M109. SEC. 1053. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL STATION, GUANTANAMO BAY, CUBA. It is the sense of Congress that-- (1) the Nation extends its gratitude to the military personnel who guard and interrogate some of the world's most dangerous men every day at Naval Station, Guantanamo Bay, Cuba; (2) the international community, in general, and in particular, the home countries of the detainees who remain in detention despite having been ordered released by a Department of Defense administrative review board, should work with the Department of Defense to facilitate and expedite the repatriation of such detainees; (3) detainees at Guantanamo Bay, to the maximum extent possible, should be charged and expeditiously prosecuted for crimes committed against the United States; and (4) operations at Guantanamo Bay should be carried out in a way that upholds the national interest and core values of the American people. SEC. 1054. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 109-364 RELATING TO USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES. (a) Interference With State and Federal Laws.-- (1) In general.--Section 333 of title 10, United States Code, is amended to read as follows: ``Sec. 333. Interference with State and Federal law ``The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it-- ``(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or ``(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws. In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.''. (2) Proclamation to disperse.--Section 334 of such title is amended by striking ``or those obstructing the enforcement of the laws'' after ``insurgents''. (3) Heading amendment.--The heading of chapter 15 of such title is amended to read as follows: ``CHAPTER 15--INSURRECTION''. (4) Clerical amendments.-- (A) The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 333 and inserting the following new item: ``333. Interference with State and Federal law.''. (B) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 15 and inserting the following new item: ``15. Insurrection...........................................331''..... (b) Repeal of Section Relating to Provision of Supplies, Services, and Equipment.-- (1) In general.--Section 2567 of title 10, United States Code, is repealed. (2) Clerical amendment.--The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2567. (c) Conforming Amendment.--Section 12304(c) of such title is amended by striking ``Except to perform'' and all that follows through ``this section'' and inserting ``No unit or member of a reserve component may be ordered to active duty under this section to perform any of the functions authorized by chapter 15 or section 12406 of this title or, except as provided in subsection (b),''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. TITLE XI--CIVILIAN PERSONNEL MATTERS Sec. 1101. Compensation for Federal wage system employees for certain travel hours. Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. Sec. 1103. Accumulation of annual leave by senior level employees. Sec. 1104. Travel compensation for wage grade personnel. Sec. 1105. Death gratuity authorized for Federal employees. Sec. 1106. Modifications to the National Security Personnel System. Sec. 1107. Annuity commencing dates. Sec. 1108. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system. Sec. 1109. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where death resulted from disease or injury incurred in a combat zone. Sec. 1110. Use of leave transfer program by wounded veterans who are Federal employees. Sec. 1111. Requirement for full implementation of personnel demonstration project. SEC. 1101. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN TRAVEL HOURS. Clause (iv) of section 5544(a) of title 5, United States Code, is amended by striking ``administratively.'' and inserting ``administratively (including travel by such employee to such event and the return of such employee from such event to his or her official duty station).''. SEC. 1102. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED ON DEPLOYMENT TEMPORARY CHANGE OF STATION. (a) Authority.--Subchapter II of chapter 57 of title 5, United States Code, is amended by inserting after section 5737 the following: ``Sec. 5737a. Employees temporarily deployed in contingency operations ``(a) Definitions.--For purposes of this section-- ``(1) the term `covered employee' means an individual who-- ``(A) is an employee of an Executive agency or a military department, excluding a Government controlled corporation; and ``(B) is assigned on a temporary change of station in support of a contingency operation; ``(2) the term `temporary change of station', as used with respect to an employee, means an assignment-- ``(A) from the employee's official duty station to a temporary duty station; and ``(B) for which such employee is eligible for expenses under section 5737; and ``(3) the term `contingency operation' has the meaning given such term by section 1482a(c) of title 10. ``(b) Quarters and Rations.--The head of an agency may provide quarters and rations, without charge, to any covered employee of such agency during the period of such employee's temporary assignment (as described in subsection (a)(1)(B)). ``(c) Storage of Motor Vehicle.--The head of an agency may provide for the storage, without charge, or for the reimbursement of the cost of storage, of a motor vehicle that is owned or leased by a covered employee of such agency (or by a dependent of such an employee) and that is for the personal use of the covered employee. This subsection shall apply-- ``(1) with respect to storage during the period of the employee's temporary assignment (as described in subsection (a)(1)(B)) and, notwithstanding section 5737(b), for such additional period of time as the agency head may determine; and ``(2) in the case of a covered employee, with respect to not more than one motor vehicle as of any given time. ``(d) Relationship to Other Benefits.--Any benefits under this section shall be in addition to (and not in lieu of) any other benefits for which the covered employee is otherwise eligible.''. (b) Clerical Amendment.--The table of sections for chapter 57 of such title is amended by inserting after the item relating to section 5737 the following: ``5737a. Employees temporarily deployed in contingency operations.''. SEC. 1103. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL EMPLOYEES. Section 6304(f)(1) of title 5, United States Code, is amended-- (1) in the matter before subparagraph (A), by striking ``in a position in--'' and inserting ``in--''; (2) in subparagraphs (A) through (E), by inserting ``a position in'' before ``the''; (3) in subparagraph (D), by striking ``or'' at the end; (4) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (5) by adding after subparagraph (E) the following: ``(F) a position to which section 5376 applies; or ``(G) a position designated under section 1607(a) of title 10 as an Intelligence Senior Level position.''. SEC. 1104. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL. (a) Eligibility for Compensatory Time Off for Travel.-- Section 5550b(a) of title 5, United States Code, is amended by striking ``section 5542(b)(2),'' and inserting ``any provision of section 5542(b)(2) or 5544(a),''. (b) Conforming Amendment.--Section 5541(2)(xi) of such title is amended by striking ``section 5544'' and inserting ``section 5544 or 5550b''. (c) Effective Date.--The amendments made by this section shall take effect on the earlier of-- [[Page H5209]] (1) the effective date of any regulations prescribed to carry out such amendments; or (2) the 90th day after the date of the enactment of this Act. SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES. (a) Death Gratuity Authorized.--Chapter 81 of title 5, United States Code, is amended by inserting after section 8102 the following new section: ``Sec. 8102a. Death gratuity for injuries incurred in connection with employee's service with an Armed Force ``(a) Death Gratuity Authorized.--The United States shall pay a death gratuity of $100,000 to or for the survivor prescribed by subsection (d) immediately upon receiving official notification of the death of an employee who dies of injuries incurred in connection with the employee's service with an Armed Force in a contingency operation, or who dies of injuries incurred in connection with a terrorist incident occurring during the employee's service with an Armed Force. ``(b) Retroactive Payment in Certain Cases.--Subsection (a) applies in the case of an employee who dies on or after October 7, 2001, as a result of injuries incurred in connection with the employee's service with an Armed Force in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom. ``(c) Other Benefits.--The death gratuity payable under this section is in addition to any death benefits otherwise provided for in law. ``(d) Eligible Survivors.-- ``(1) Subject to paragraph (5), a death gratuity payable upon the death of a person covered by subsection (a) shall be paid to or for the living survivor highest on the following list: ``(A) The employee's surviving spouse. ``(B) The employee's children, as prescribed by paragraph (2), in equal shares. ``(C) If designated by the employee, any one or more of the following persons: ``(I) The employee's parents or persons in loco parentis, as prescribed by paragraph (3). ``(ii) The employee's brothers. ``(iii) The employee's sisters. ``(D) The employee's parents or persons in loco parentis, as prescribed by paragraph (3), in equal shares. ``(E) The employee's brothers and sisters in equal shares. Subparagraphs (C) and (E) of this paragraph include brothers and sisters of the half blood and those through adoption. ``(2) Paragraph (1)(B) applies, without regard to age or marital status, to-- ``(A) legitimate children; ``(B) adopted children; ``(C) stepchildren who were a part of the decedent's household at the time of death; ``(D) illegitimate children of a female decedent; and ``(E) illegitimate children of a male decedent-- ``(I) who have been acknowledged in writing signed by the decedent; ``(ii) who have been judicially determined, before the decedent's death, to be his children; ``(iii) who have been otherwise proved, by evidence satisfactory to the employing agency, to be children of the decedent; or ``(iv) to whose support the decedent had been judicially ordered to contribute. ``(3) Subparagraphs (C) and (D) of paragraph (1), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before the decedent became an employee. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent became an employee. ``(4) Beginning on the date of the enactment of this paragraph, a person covered by this section may designate another person to receive not more than 50 percent of the amount payable under this section. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with subparagraphs (A) through (E) of paragraph (1). ``(5) If a person entitled to all or a portion of a death gratuity under paragraph (1) or (4) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by paragraph (1). ``(e) Definitions.--(1) The term `contingency operation' has the meaning given to that term in section 1482a(c) of title 10, United States Code. ``(2) The term `employee' has the meaning provided in section 8101 of this title, but also includes a nonappropriated fund instrumentality employee, as defined in section 1587(a)(1) of title 10.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by inserting after the item relating to section 8102 the following new item: ``8102a. Death gratuity for injuries incurred in connection with employee's service with an Armed Force.''. SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL SYSTEM. (a) In General.--Section 9902 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``Notwithstanding any other provision of this part, the'' and inserting ``The''; (2) in subsection (b)(4)-- (A) by striking ``collectively as provided for in this chapter,'' and inserting ``collectively,''; and (B) by striking ``the provisions of this chapter and''; (3) in subsection (b)(6), by striking subparagraph (I) and inserting the following: ``(I) A pay-for-performance evaluation system to reward individual or group performance. Any such system-- ``(i) shall be based on an equitable method for appraising and compensating employees; ``(ii) shall ensure that rates of pay (including those described in subchapter IV of chapter 53 and those payable to employees paid from nonappropriated funds) are adjusted at the same time and by the same percentages as would be required under sections 5303 through 5304a for rates subject to those sections, except that no such adjustment may be made if or to the extent that the resulting rate would exceed the maximum rate allowable under such system; ``(iii) may not be implemented before the requirements described in section 4703(b) have been met by the Secretary and the Director jointly with respect to such system; ``(iv) may not provide for any waiver with respect to such system that would not be allowable under any paragraph of section 4703(c); and ``(v) shall be subject to the provisions of subsections (f) and (g) of section 4703.''; (4) in subsection (c)(1), by striking ``October 1, 2008'' each place it appears and inserting ``October 1, 2011''; (5) in subsection (d)-- (A) in the matter before paragraph (1), by striking ``are (to the extent not otherwise specified in this title)--'' and inserting ``are--''; and (B) in paragraph (2), by inserting ``43,'' after ``41,'' and by inserting ``75, 77,'' after ``73,''; (6) in subsection (e)(3), by striking the period at the end and inserting ``, except as provided in subsection (b)(6)(I)(ii).''; (7) in subsection (f)(4), strike ``The'' and insert ``Subject to subsection (d)(2), the''; (8) in subsection (g)-- (A) by striking paragraph (2) and inserting the following: ``(2) The decision to bargain at a level above the level of exclusive recognition shall be mutually agreed to by the Secretary and the labor organization at an organizational level above the level of exclusive recognition.''; (B) in paragraph (3), by striking ``are excluded from'' and inserting ``may be included in''; and (C) by striking paragraph (4); and (9) by striking subsections (h), (k), and (m) and redesignating subsections (i), (j), and (l) as subsections (h), (i), and (j), respectively. (b) Savings Provision.--Any rate of pay which is in effect with respect to an employee immediately before this section takes effect, and which was determined under a performance management system established under section 9902(b)(6) of title 5, United States Code, shall remain in effect until-- (1) such rate is modified, superseded, or rendered inapplicable-- (A) in accordance with such system, as last in effect before this section takes effect; or (B) in accordance with a system established under such section 9902(b)(6), as amended by this section (hereinafter referred to as a ``successor system''); or (2) such employee otherwise ceases to be covered by such system (as described in paragraph (1)(A)), whether by transferring to a position not covered by the system (as so described) or otherwise. The performance management system (as described in paragraph (1)(A)) shall remain in effect, in accordance with its terms, until all employees who, immediately before this section takes effect, are subject to the system (as so described) have either become subject to a successor system or have otherwise ceased to be covered by the system (as so described). Such system (as so described) shall not apply in the case of any employee, or during any period of time, not described in the preceding sentence. SEC. 1107. ANNUITY COMMENCING DATES. (a) Civil Service Retirement System.--Section 8345(b)(1) of title 5, United States Code, is amended by striking ``the first day of the month after'' both places it appears and inserting ``the day after''. (b) Federal Employees' Retirement System.--Section 8464(a) of such title is amended to read as follows: ``(a) Except as otherwise provided in this chapter-- ``(1) an annuity payable from the Fund commences on the day after-- ``(A) separation from the service, in the case of an employee or Member retiring under section 8412 or 8414; or ``(B) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413; and ``(2) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.''. SEC. 1108. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE FROM A DEPARTMENT OF DEFENSE OR COAST GUARD NONAPPROPRIATED FUND INSTRUMENTALITY POSITION TO A POSITION IN THE GENERAL SCHEDULE PAY SYSTEM. The first sentence of section 5334(f) of title 5, United States Code, is amended by striking ``any step of such grade that does not exceed the highest previous rate of basic pay received [[Page H5210]] by that employee during the employee's service described in section 2105(c).'' and inserting ``any step of such grade that does not exceed-- ``(1) if the highest previous rate of basic pay received by that employee during the employee's service described in section 2105(c) is equal to a rate of the appropriate grade, such rate of the appropriate grade; ``(2) if the employee's highest previous rate of basic pay (as described in paragraph (1)) is between two rates of the appropriate grade, the higher of those two rates; or ``(3) if the employee's highest previous rate of basic pay (as described in paragraph (1)) exceeds the maximum rate of the appropriate grade, the maximum rate of the appropriate grade.''. SEC. 1109. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, AND PERSONAL PROPERTY TO FORMER HOME FOLLOWING DEATH OF FEDERAL EMPLOYEE WHERE DEATH RESULTED FROM DISEASE OR INJURY INCURRED IN A COMBAT ZONE. (a) In General.--Section 5742 of title 5, United States Code, is amended by adding at the end the following: ``(f)(1) The benefits of subsection (b)(2) may not be denied, solely because the dependents were residing within the continental United States when the employee died, if such employee died as a result of disease or injury incurred while holding a position or performing one or more functions in support of military operations of the United States in a combat zone. ``(2) For purposes of paragraph (1)-- ``(A) the term `continental United States' has the meaning given such term by section 5721(3); and ``(B) the term `combat zone' has the meaning given such term by section 1580 of title 10.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to deaths occurring on or after the date of the enactment of this Act. SEC. 1110. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE FEDERAL EMPLOYEES. (a) In General.--Section 6333(b) of title 5, United States Code, is amended-- (1) by striking ``A leave'' and inserting ``(1) Except as provided in paragraph (2), a leave''; and (2) by adding at the end the following new paragraph: ``(2) The requirement to exhaust annual leave and sick leave under paragraph (1) shall not apply in the case of a leave recipient who, while a member of the Armed Forces, including a member of the National Guard or a Reserve, sustained a combat-related disability (as defined in section 1413a(e) of title 10) and is undergoing medical treatment (as defined by the Office of Personnel Management) for that combat-related disability. The preceding sentence shall apply to a member described in that sentence only so long as the member continues to undergo medical treatment for the disability, but in no case for more than five years.''. SEC. 1111. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL DEMONSTRATION PROJECT. (a) Requirement.--The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-315), to carry out personnel management demonstration projects at Department of Defense laboratories that are exempted by section 9902(c) of title 5, United States Code, from inclusion in the Department of Defense National Security Personnel System. (b) Expanded Authority for Directors.--The Secretary of Defense shall also implement a process and implementation plan to expand the authorities provided to the laboratories described in subsection (a) to provide the research laboratory directors enhanced ability to make program, funding, personnel, and other decisions that are necessary to carry out the mission of the laboratory. (c) Other Laboratories.--Any flexibility available to any demonstration laboratory shall be available for use at any other laboratory as enumerated in section 9902(c)(2) of title 5, United States Code. (d) Submission of List and Description.--Not later than March 1 of each year, beginning with March 1, 2008, the Secretary of Defense shall submit to Congress a list and description of the demonstration project notices, amendments, and changes requested by the laboratories during the preceding calendar year. The list shall include all approved and disapproved notices, amendments, and changes, and the reasons for disapproval or delay in approval. TITLE XII--MATTERS RELATING TO FOREIGN NATIONS Subtitle A--Assistance and Training Sec. 1201. Military-to-military contacts and comparable activities. Sec. 1202. Authority for support of military operations to combat terrorism. Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of certain foreign nations. Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. Sec. 1205. Reauthorization of Commanders' Emergency Response Program. Sec. 1206. Expansion of program to build the capacity of foreign military forces to include Pakistan's other security forces. Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery and accounting activities for missing United States Government personnel. Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. Sec. 1209. Report on foreign assistance-related programs, projects, and activities carried out by the Department of Defense. Subtitle B--Matters Relating to Iraq Sec. 1221. Modification of authorities relating to the Special Inspector General for Iraq Reconstruction. Sec. 1222. Continuation of prohibition on establishment of permanent military installations in Iraq or United States control over oil resources of Iraq. Sec. 1223. Report on Department of Defense efforts to build the capacity of the Government of Iraq to carry out reconstruction activities in Iraq. Sec. 1224. Report on implementation of Multi-National Forces-Iraq/ United States Embassy Baghdad Joint Campaign Plan and efforts to achieve political reform in Iraq. Sec. 1225. Report on training of the Iraqi Security Forces. Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish support for the insurgency in Iraq. Subtitle C--Matters Relating to Afghanistan Sec. 1231. Special Inspector General for Afghanistan Reconstruction. Sec. 1232. Report on progress toward security and stability in Afghanistan. Sec. 1233. Report on progress of the Department of Defense's counter- narcotics program for Afghanistan. Sec. 1234. United States plan for sustaining the Afghanistan National Security Forces. Subtitle D--Other Matters Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. Sec. 1242. Extension of Counterproliferation Program Review Committee. Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for Security Cooperation. Sec. 1244. Sense of Congress concerning the strategic military capabilities and intentions of the People's Republic of China. Subtitle A--Assistance and Training SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVITIES. Section 168(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(9) The assignment of personnel described in paragraph (3) or (4) on a non-reciprocal basis if the Secretary of Defense determines that such an assignment, rather than an exchange of personnel, is in the interests of the United States.''. SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM. (a) Modification of Reporting Requirement.--Subsection (f) of section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2086-2087) is amended to read as follows: ``(f) Annual Report.-- ``(1) Report required.--Not later than 120 days after the close of each fiscal year during which subsection (a) is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under that subsection during that fiscal year. ``(2) Matters to be included.--Each report required by paragraph (1) shall describe the support provided, including-- ``(A) the country involved in the activity, the individual or force receiving the support, and, to the maximum extent practicable, the specific region of each country involved in the activity; ``(B) the respective dates and a summary of congressional notifications for each activity; ``(C) the unified commander for each activity, as well as the related objectives, as established by that commander; ``(D) the total amount obligated to provide the support; ``(E) for each activity that amounts to more than $500,000, specific budget details that explain the overall funding level for that activity; and ``(F) a statement providing a brief assessment of the outcome of the support, including specific indications of how the support furthered the mission objective of special operations forces and the types of follow-on support, if any, that may be necessary.''. (b) Annual Limitation.--Subsection (g) of such section is amended-- (1) in the heading, by striking ``Fiscal Year 2005'' and inserting ``Annual''; and (2) by striking ``fiscal year 2005'' and inserting ``each fiscal year during which subsection (a) is in effect''. (c) Extension of Period of Authority.--Subsection (h) of such section is amended by striking ``2007'' and inserting ``2010''. SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES FOR LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS. (a) Authority.--Subsection (a) of section 1051a of title 10, United States Code, is amended-- (1) by striking ``involved in a coalition'' and inserting ``involved in a military operation''; and [[Page H5211]] (2) by striking ``coalition operation'' and inserting ``military operation''. (b) Medical Care and Temporary Duty Travel Expenses.-- Subsection (b) of such section is amended-- (1) in the heading, by striking ``and Subsistence'' inserting ``, Subsistence, and Medical Care''; (2) in paragraph (2), by adding at the end the following: ``(C) Expenses for medical care at a civilian medical facility if-- ``(i) adequate medical care is not available to the liaison officer at a local military medical treatment facility; ``(ii) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and ``(iii) medical care is not otherwise available to the liaison officer pursuant to any treaty or other international agreement.''; and (3) by adding at the end the following: ``(3) The Secretary may pay the mission-related travel expenses of a liaison officer described in subsection (a) if such travel is in support of the national interests of the United States and the commander of the headquarters to which the liaison officer is temporarily assigned directs round- trip travel from the assigned headquarters to one or more locations.''. (c) Definition.--Subsection (d) of such section is amended-- (1) by striking ``(d) Definitions.--'' and all that follows through ``(1) The term'' and inserting ``(d) Definition.--In this section, the term''; and (2) by striking paragraph (2). (d) Expiration of Authority.--Such section is further amended by striking subsection (e). (e) Conforming and Clerical Amendments.--(1) The heading for such section is amended to read as follows: ``Sec. 1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, medical care, and other personal expenses''. (2) The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by striking the item relating to section 1051a and inserting the following: ``1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, medical care, and other personal expenses.''. SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. (a) Extension of Authority.--Subsection (a) of section 1205 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 1202 Stat. 2416) is amended by striking ``fiscal year 2007'' and inserting ``fiscal years 2007 and 2008''. (b) Approval of Centers.--Subsection (c)(1) of such section is amended-- (1) by striking ``the Military Committee of the North Atlantic Treaty Organization (NATO)'' and inserting ``the Department of Defense''; and (2) by striking ``for the benefit of NATO''. (c) Limitation on Amounts Available for Participation.-- Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Limitation on amount.--The amount available under paragraph (1)(A) for the expenses referred to in that paragraph may not exceed-- ``(A) in fiscal year 2007, $3,000,000; and ``(B) in fiscal year 2008, $5,000,000.''. (d) Reports.--Subsection (g) of such section is amended-- (1) in paragraph (1)-- (A) by inserting ``and October 31, 2008,'' after ``October 31, 2007,''; and (B) by striking ``fiscal year 2007'' and inserting ``fiscal years 2007 and 2008''; and (2) in paragraph (2)(A), by striking ``during fiscal year 2007'' and inserting ``during the preceding fiscal year''. SEC. 1205. REAUTHORIZATION OF COMMANDERS' EMERGENCY RESPONSE PROGRAM. (a) Authority.--Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455-3456) is amended-- (1) in the heading, by striking ``Fiscal Years 2006 and 2007'' and inserting ``Fiscal Years 2008 and 2009''; and (2) by striking ``fiscal years 2006 and 2007'' and inserting ``fiscal years 2008 and 2009''. (b) Quarterly Reports.--Subsection (b) of such section is amended by striking ``fiscal years 2006 and 2007'' and inserting ``fiscal years 2008 and 2009''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2007. SEC. 1206. EXPANSION OF PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES TO INCLUDE PAKISTAN'S OTHER SECURITY FORCES. (a) Authority.--Subsection (a) of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456-3458), as amended by section 1206 of the John Warner National Defense Authorization Act of Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2418), is amended-- (1) by striking ``The Secretary of Defense'' and inserting the following: ``(1) In general.--The Secretary of Defense''; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (3) by adding at the end the following: ``(2) Additional authority to build the capacity of pakistan's other security forces.--The Secretary of Defense, with the concurrence of the Secretary of State, may use the authority in paragraph (1) to provide assistance to build the capacity of a Pakistan's other security forces that are critical to the success of counterterrorist operations, such as forces responsible for border protection and interdiction (including forces that guard coastal waters) and internal security forces specifically responsible for counterterrorism operations, in order for Pakistan to conduct the operations described in paragraph (1)(A).''. (b) Congressional Notification; Specified Congressional Committees.--Subsection (e) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``Whenever'' and inserting the following: ``(A) In general.--Whenever''; and (B) by adding at the end the following new subparagraph: ``(B) Notification relating to authority to build the capacity of pakistan's other security forces.--Not less than 30 days prior to the obligation or expenditure of funds to carry out any activities under subsection (a)(2), the Secretary of Defense shall notify the congressional committees specified in paragraph (3) of such proposed obligation or expenditure.''; and (2) in paragraph (3)(B), by striking ``Committee on International Relations'' and inserting ``Committee on Foreign Affairs''. (c) Report.--Paragraphs (1), (2), and (3) of subsection (f) of such section are each amended by inserting ``or Pakistan's other security forces'' after ``foreign military forces''. (d) Conforming and Clerical Amendments.--(1) The heading for such section is amended by adding at the end before the period the following: ``AND PAKISTAN'S OTHER SECURITY FORCES''. (2) The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 2006 and the table of sections at the beginning of title XII of such Act are each amended by striking the item relating to section 1206 and inserting the following: ``Sec. 1206. Authority to build the capacity of foreign military forces and Pakistan's other security forces.''. SEC. 1207. AUTHORITY TO PROVIDE ASSISTANCE TO FOREIGN NATIONS TO ASSIST IN RECOVERY AND ACCOUNTING ACTIVITIES FOR MISSING UNITED STATES GOVERNMENT PERSONNEL. (a) Assistance Authorized.--The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide assistance to foreign nations to assist the Department of Defense in recovery and accounting activities for missing United States Government personnel. (b) Types of Assistance.--Assistance authorized under subsection (a) may include the provision of equipment, supplies, services, training, and funding to foreign nations to assist in recovery and accounting activities described in such subsection. The authority to provide assistance under subsection (a) is in addition to any other authority to provide assistance to foreign nations for such purposes. (c) Limitation.--Assistance authorized under subsection (a) may not exceed $1,000,000 in any fiscal year. SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION SYSTEM DATA ON MARITIME SHIPPING TO FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS. (a) Authority to Provide Data.--The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system data broadcast by merchant or private ships and collected by the United States to a foreign country or international organization pursuant to an agreement for the exchange or production of such data. Such data may be transferred pursuant to this section without cost to the recipient country or international organization. (b) Definitions.--In this section: (1) Automatic identification system.--The term ``automatic identification system'' means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on November 1, 1974 (TIAS 9700). (2) Geographic combatant commander.--The term ``commander of a combatant command'' means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility. SEC. 1209. REPORT ON FOREIGN ASSISTANCE-RELATED PROGRAMS, PROJECTS, AND ACTIVITIES CARRIED OUT BY THE DEPARTMENT OF DEFENSE. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that contains a description of all foreign assistance- related programs, projects, and activities carried out by the Department of Defense during the prior fiscal year pursuant to any provision of law that authorizes or appropriates funds for such programs, projects, and activities. (b) Matters to Be Included.--The report required by subsection (a) shall include information on a country-by- country basis of each foreign assistance-related program, project, or activity of the Department of Defense and each foreign-assistance related program, project, or activity that the Department of Defense undertakes or implements on behalf of any other department or agency of the United States Government, such as a program, project, or activity under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.). (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on [[Page H5212]] Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. Subtitle B--Matters Relating to Iraq SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION. (a) Purposes.--Subsection (a)(1) of section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234-1238; 5 U.S.C. App., note to section 8G of Public Law 95-452) is amended by striking ``to the Iraq Relief and Reconstruction Fund'' and inserting ``for the reconstruction of Iraq''. (b) Assistant Inspectors General.--Subsection (d)(1) of such section is amended by striking ``the Iraq Relief and Reconstruction Fund'' and inserting ``amounts appropriated or otherwise made available for the reconstruction of Iraq''. (c) Supervision.--Subsection (e)(2) of such section is amended by striking ``the Iraq Relief and Reconstruction Fund'' and inserting ``amounts appropriated or otherwise made available for the reconstruction of Iraq''. (d) Duties.--Subsection (f)(1) of such section is amended by striking ``to the Iraq Relief and Reconstruction Fund'' and inserting ``for the reconstruction of Iraq''. (e) Personnel, Facilities, and Other Resources.--Subsection (h)(3) of such section is amended by striking ``my enter'' and inserting ``may enter''. (f) Reports.--Subsection (i) of such section is amended by striking ``to the Iraq Relief and Reconstruction Fund'' each place it appears and inserting ``for the reconstruction of Iraq''. (g) Definitions.--Subsection (m) of such section is amended-- (1) in the heading, by striking ``Appropriate Committees of Congress Defined'' and inserting ``Definitions''; (2) by striking ``In this section, the term'' and inserting the following: ``In this section-- ``(1) the term''; (3) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (4) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following: ``(2) the term `amounts appropriated or otherwise made available for the reconstruction of Iraq' means amounts appropriated or otherwise made available for any fiscal year-- ``(A) to the Iraq Relief and Reconstruction Fund, the Iraq Security Forces Fund, and the Commanders' Emergency Response Program authorized under section 1202 of the National Defense Authorization for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455-3456); or ``(B) for assistance for the reconstruction of Iraq under-- ``(i) the Economic Support Fund authorized under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.); ``(ii) the International Narcotics Control and Law Enforcement account authorized under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291); or ``(iii) any other provision of law.''. (h) Termination.--Subsection (o) of such section is amended-- (1) in paragraph (1)-- (A) by striking ``(A)''; (B) by striking ``to the Iraq Relief and Reconstruction Fund'' the first place it appears and inserting ``for the reconstruction of Iraq''; and (C) by striking subparagraph (B); and (2) in paragraph (2)-- (A) by striking ``funds deemed to be''; and (B) by striking ``to the Iraq Relief and Reconstruction Fund'' and inserting ``for the reconstruction of Iraq''. SEC. 1222. CONTINUATION OF PROHIBITION ON ESTABLISHMENT OF PERMANENT MILITARY INSTALLATIONS IN IRAQ OR UNITED STATES CONTROL OVER OIL RESOURCES OF IRAQ. Section 1519 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2444) is amended by inserting after ``this Act'' the following: ``or any other Act for any fiscal year''. SEC. 1223. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO BUILD THE CAPACITY OF THE GOVERNMENT OF IRAQ TO CARRY OUT RECONSTRUCTION ACTIVITIES IN IRAQ. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of Defense shall submit to Congress a report on efforts of the Department of Defense to build the capacity of the Government of Iraq to carry out reconstruction activities in Iraq. (b) Matters to Be Included.--The report required by subsection (a) shall include a description of the following: (1) Efforts to improve the ability of the Government of Iraq-- (A) to assess the needs for the reconstruction of Iraq; (B) to assess the sustainability of reconstruction projects carried out by the Government of Iraq, on all levels; and (C) to effectively budget and carry out the design and implementation of reconstruction projects. (2) Efforts to improve the ability of the Government of Iraq-- (A) to enter into competitively-awarded contracts for the reconstruction of Iraq; and (B) to oversee that such contracts are properly and effectively carried out in a cost-efficient manner. (3) Such other matters as the Secretary of Defense considers appropriate. SEC. 1224. REPORT ON IMPLEMENTATION OF MULTI-NATIONAL FORCES- IRAQ/UNITED STATES EMBASSY BAGHDAD JOINT CAMPAIGN PLAN AND EFFORTS TO ACHIEVE POLITICAL REFORM IN IRAQ. (a) Report Required.--Not later than September 30, 2007, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report detailing the status of implementation of the Multi-National Forces-Iraq/United States Embassy Baghdad Joint Campaign Plan (hereinafter in this section referred to as the ``Joint Campaign Plan'') since January 1, 2007, and efforts by the Government of Iraq to achieve political reform in Iraq. (b) Assessment Required.--The Commander, Multi-National Forces-Iraq and the United States Ambassador to Iraq shall jointly submit to the Secretary of Defense and the Secretary of State an assessment of the situation in Iraq. The assessment shall be submitted in time to be included in the report required by subsection (a), and shall be included in the report, together with any comments thereon by the Secretary of Defense or the Secretary of State. (c) Elements.--The assessment required by subsection (b) shall include the following elements: (1) A detailed description of the Joint Campaign Plan, or any subsequent revisions, updates, or documents that replace or supersede the Joint Campaign Plan, including goals, phases, or other milestones contained in the Joint Campaign Plan. Specifically, the description shall include the following: (A) An explanation of conditions required to move though phases of the Joint Campaign Plan and the measurements used to determine progress. (B) An assessment of what conditions in the Joint Campaign Plan have been achieved and what conditions have not been achieved. The assessment of those conditions that have not been achieved shall include a discussion of the factors that have precluded such progress. (C) A description of any companion or equivalent plan of the Government of Iraq used to measure progress for Iraqi Security Forces undertaking joint operations with Coalition forces. (2) Efforts by the Government of Iraq in taking the following actions: (A) Enacting a broadly-accepted hydrocarbon law that equitably shares revenue among all Iraqis. (B) Adopting laws necessary for the conduct of provincial and local elections, taking steps to implement such laws, and setting a schedule to conduct provincial and local elections. (C) Reforming current laws governing the de-Baathification process in a manner that encourages national reconciliation. (D) Amending the Constitution of Iraq in a manner that encourages national reconciliation. (E) Allocating and beginning expenditure of $10 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, and implementing such reconstruction projects on an equitable basis. (F) Making significant efforts to plan and implement disarmament, demobilization, and reintegration programs relating to Iraqi militias. (3) An assessment of security in each region of Iraq and an overall assessment of security for the country, to include the following: (A) Trends in casualties among Coalition forces, Iraqi Security Forces, and civilians. (B) Trends in weekly attacks on Coalition forces, Iraqi Security Forces, and civilians. (C) Trends in sectarian violence, including both the number of incidents and the casualties that have resulted. (D) Trends in high-profile attacks, including attacks utilizing suicide bombings and vehicle-borne improvised explosive devices. (4) An assessment of the effectiveness of Iraqi Security Forces, to include the following: (A) The number of battalions in the Iraqi Army currently conducting operations against insurgents, the level of personnel strength of such battalions, and efforts by the Iraqi or Coalition authorities to increase the number of such battalions. (B) The number of Iraqi Security Force units, at the battalion level and above, that are operating independently of Coalition forces or with only support of Coalition forces. (C) The anticipated period of time remaining until the Iraqi Security Forces are fully trained and capable of providing security in Iraq without support of Coalition forces. (d) Further Assessment Required.--Based on the information provided in subsection (c), the Secretary of Defense shall include in the report required by subsection (a)-- (1) an assessment of the levels of United States Armed Forces required in Iraq for the six-month period beginning on October 1, 2007, the missions to be undertaken by the Armed Forces, and the incremental costs of any proposed changes to such levels or missions; and (2) a description of the range of contingency plans under consideration for changes to levels of United States Armed Forces or missions during such period. (e) Update of Report.-- (1) Update required.--Not later than 180 days after the submission of the report required by subsection (a), and every 180 days thereafter until United States combat forces have been redeployed from Iraq, the Secretary of Defense shall submit to the appropriate congressional committees an update of the report required by subsection (a). (2) Matters to be included.--Each update of the report required by subsection (a) shall include an update of the assessment and any comments thereon required by subsection (b), an update of the elements described in subsection (c), and an update of the further assessment required by paragraph (1) of subsection (d) for the six-month period beginning on the date of the [[Page H5213]] submission of the update and an update of the contingency plans required by paragraph (2) of subsection (d) for such six-month period. (f) Form.--The report required by subsection (a) and each update of the report required by subsection (e), including assessments contained therein, shall be submitted in unclassified form, to the maximum extent practicable, but may contain a classified annex. (g) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC. 1225. REPORT ON TRAINING OF THE IRAQI SECURITY FORCES. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every three months thereafter, the Secretary of Defense shall submit to the appropriate congressional committees an assessment of the Iraqi Security Forces. (b) Matters to Be Included.--The report required by subsection (a) shall address the following matters: (1) The level of training, readiness, operational proficiency, and any other measures used to assess the effectiveness of each battalion or larger formation or equivalent of the Iraqi Army, Iraqi National Police, Iraqi Police Service, and all other security and intelligence forces under the control of the Ministry of Defense or the Ministry of the Interior of Iraq. (2) The number of battalions in the Iraqi Army currently conducting operations, the type of operations conducted, and efforts by Iraqi or Coalition authorities to increase the number of such operations. (3) The number of Iraqi Army battalions and Iraqi National Police units that can operate without support from Coalition forces. (4) The amount and type of support from Coalition forces required by the Iraqi Security Forces at each Transition Readiness Assessment (TRA) level. (5) The level of readiness and effectiveness of units of the Iraqi Security Forces in provinces where the United States has formally transferred responsibility for the security of the province to the Iraqi Security Forces under the Provincial Iraqi Control (PIC) process. (6) The contribution each battalion or larger formation or equivalent of the Iraqi Army, Iraqi National Police, Iraqi Police Service, and all other security and intelligence forces under the control of the Ministry of Defense or the Ministry of the Interior of Iraq are making to overall stability in their area of operation. (7) Other measurements used by Iraqi and Coalition authorities to assess the capability of the Iraqi Security Forces. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form, to the maximum extent practicable, but may include a classified annex, as appropriate. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. SEC. 1226. SENSE OF CONGRESS ON RESPONSIBILITIES OF THE IRAQI COUNCIL OF REPRESENTATIVES TO ENACT LAWS TO ACHIEVE POLITICAL REFORM AND DIMINISH SUPPORT FOR THE INSURGENCY IN IRAQ. It is the sense of Congress that the Iraqi Council of Representatives should not recess for an extended period of time without first making substantial progress toward-- (1) enacting a broadly-accepted hydrocarbon law that equitably shares revenue among all Iraqis; (2) adopting laws necessary for the conduct of provincial and local elections, taking steps to implement such laws, and setting a schedule to conduct provincial and local elections; (3) reforming current laws governing the de-Baathification process in a manner that encourages national reconciliation; (4) amending the Constitution of Iraq in a manner that encourages national reconciliation; and (5) enacting other legislation that helps to begin the process of political reconciliation and reduce the support for the insurgency in Iraq. Subtitle C--Matters Relating to Afghanistan SEC. 1231. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION. (a) Purposes.--The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to-- (A) promote economy efficiency, and effectiveness in the administration of the programs and operations described in paragraph (1); and (B) prevent and detect waste, fraud, and abuse in such programs and operations. (3) To provide for an independent and objective means of keeping the Secretary of Defense fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress for corrective action. (b) Office of Inspector General.--There is hereby established the Office of the Special Inspector General for Afghanistan Reconstruction to carry out the purposes of subsection (a). (c) Appointment of Inspector General; Removal.--(1) 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. (2) The appointment of 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) 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) The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) The requirements described in paragraphs (4) and (5) of section 3001(c) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234-1238; 5 U.S.C. App., note to section 8G of Public Law 95-452) shall apply to the Inspector General in the same manner and to the same extent as such requirements apply to the Special Inspector General for Iraq Reconstruction. (d) Assistant Inspectors General.--The Inspector General shall, in accordance with applicable laws and regulations governing the civil service-- (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan; and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision.--(1) Except as provided in paragraph (2), the Inspector General shall report directly to, and be under the general supervision of, the Secretary of Defense. (2) No officer of the Department of Defense shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan or from issuing any subpoena during the course of any such audit or investigation. (f) Duties.--(1) It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan, and of the programs, operations, and contracts carried out utilizing such funds, including-- (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. (2) The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty under paragraph (1). (3) 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) In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of, the Inspector General of the Department of Defense. (g) Powers and Authorities.--(1) In carrying out the duties specified in subsection (f), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978, including the authorities under subsection (e) of such section. (2) The Inspector General shall carry out the duty specified in subsection (f)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (h) Personnel, Facilities, and Other Resources.--(1) The powers and authorities described in paragraphs (1) through (3) of section 3001(h) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 shall apply to the Inspector General in the same manner and to the same extent as such requirements apply to the Special Inspector General for Iraq Reconstruction. (2) Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided from any department, agency, or other entity of the Federal Government, the Inspector General shall report the circumstances to the Secretary of Defense and to the congressional defense committees. (3) The Secretary of Defense shall provide the Inspector General with appropriate and adequate office space at appropriate locations of the Department of Defense in Afghanistan, together with such equipment, office supplies, and communications facilities and services as may be [[Page H5214]] necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein. (i) Reports.--(1) Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the congressional defense committees a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available to the Department of Defense 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 Department of Defense associated with reconstruction and rehabilitation activities in Afghanistan, including the following: (A) Obligations and expenditures of appropriated funds by the Department of Defense. (B) A project-by-project and program-by-program accounting of the costs incurred to date by the Department of Defense for the reconstruction of Afghanistan, together with the estimate of the Department of Defense 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 Department of Defense, 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 Department of Defense, and any obligations or expenditures of such revenues. (E) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan. (F) In the case of any contract described in paragraph (2)-- (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the Department of Defense identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (2) A contract described in this paragraph is any major contract or other agreement that is entered into by the Department of Defense that involves the use of amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure of Afghanistan. (B) To establish or reestablish a political or societal institution of Afghanistan. (C) To provide products or services to the people of Afghanistan. (3) The Inspector General shall submit to the congressional defense committees semiannual reports meeting the requirements of section 5 of the Inspector General Act of 1978. The first such report for a year, covering the first six months of the year, shall be submitted not later than July 31 of that year, and the second such report, covering the second six months of the year, shall be submitted not later than January 31 of the following year. (4) The Inspector General shall publish each report under this subsection in both English and other languages, which the Inspector General determines are widely used and understood in Afghanistan, on the Internet website of the Department of Defense. (5) Each report under this subsection may include a classified annex if the Inspector General considers it necessary. (6) Nothing in this subsection shall be construed to authorize the public disclosure of information that is-- (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report Coordination.--(1) The Inspector General shall also submit each report under subsection (i) to the Secretary of Defense. (2)(A) Not later than 30 days after receipt of a report under paragraph (1), the Secretary of Defense may submit to the congressional defense committees any comments on the matters covered by the report as the Secretary of Defense considers appropriate. (B) A report under this paragraph may include a classified annex if the Secretary of Defense considers it necessary. (k) Transparency.--(1) Not later than 60 days after the date of the submittal to Congress of a report under subsection (i), the Secretary of Defense shall make copies of such report available to the public upon request, and at a reasonable cost. (2) Not later than 60 days after the date of the submittal to Congress under subsection (j)(2) of comments on a report under subsection (i), the Secretary of Defense shall make copies of such comments available to the public upon request, and at a reasonable cost. (l) Waiver.--(1) The President may waive the requirement under paragraph (1) or (2) of subsection (k) with respect to availability to the public of any element in a report under subsection (i), or any comment under subsection (j)(2), if the President determines that the waiver is justified for national security reasons. (2) The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which a report required under paragraph (1) or (3) of subsection (i), or any comment under subsection (j)(2), is submitted to Congress. The reports required under paragraph (1) or (3) of subsection (i), and the comments required under subsection (j)(2), shall specify whether waivers under this subsection were made and with respect to which elements in the reports or which comments, as appropriate. (m) Definition.--In this section, the term ``amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan'' means amounts appropriated or otherwise made available for any fiscal year-- (1) to the Afghanistan Security Forces Fund; (2) to the program to assist the people of Afghanistan established under subsection (a)(2) of section 1202 of the National Defense Authorization for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3455-3456); or (3) to the Department of Defense for assistance for the reconstruction of Afghanistan under any other provision of law. (n) Funding.--(1) Of the amounts appropriated for fiscal year 2008 to the Afghanistan Security Forces Fund, such sums as may be necessary shall be available to carry out this section. (2) The amount available under paragraph (1) shall remain available until expended. (o) Termination.--(1) The Office of the Inspector General shall terminate 10 months after 80 percent of the funds appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan have been expended. (2) The Special Inspector General for Afghanistan Reconstruction shall, prior to the termination of the Office of the Special Inspector General under paragraph (1), prepare and submit to the congressional defense committees a final forensic audit report on all funds deemed to be amounts appropriated or otherwise made available to the Department of Defense for the reconstruction of Afghanistan. SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN AFGHANISTAN. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on progress toward security and stability in Afghanistan. (b) Coordination.--The report required by subsection (a) shall be prepared in coordination with the Secretary of State, the Attorney General, the Administrator of the Drug Enforcement Administration, the Administrator of the United States Agency for International Development, the Secretary of Agriculture, and the head of any other department or agency of the Government of the United States involved with activities relating to security and stability in Afghanistan. (c) Matters to Be Included: Strategic Direction of United States Activities Relating to Security and Stability in Afghanistan.--The report required by subsection (a) shall include a description of the strategic direction of activities of the United States relating to security and stability in Afghanistan. Such description shall include a general overview followed by a separate detailed section for each of the following: (1) Afghanistan national security forces capacity- building.--A description of the following: (A) A clear, comprehensive and effective long-term strategy and budget, with defined objectives, for activities relating to strengthening the resources, capabilities, and effectiveness of the Afghanistan National Army (ANA) and the Afghanistan National Police (ANP) of the Afghanistan National Security Forces (ANSF), which ensure that a strong and fully- capable ANSF is able to independently and effectively conduct operations and maintain security and stability in Afghanistan (hereinafter in this section referred to as ``ANSF capacity- building''). (B) Any actions to achieve the following goals with respect to ANSF capacity-building, and the results of such actions: (i) Improve coordination with all relevant departments and agencies of the United States Government, as well as countries participating in the North Atlantic Treaty Organization International Assistance Force (NATO-ISAF) and other international partners. (ii) Improve ANSF recruitment and retention, including through improved vetting and salaries for ANSF. (iii) Increase and improve ANSF training and mentoring. (iv) Strengthen the partnership between the Governments of the United States and Afghanistan. (2) Provincial reconstruction teams and other reconstruction and development activities.--A description of the following: (A) A clear, comprehensive and effective long-term strategy and budget, with defined objectives, for activities relating to reconstruction and development in Afghanistan. (B) Any actions to achieve the following goals with respect to activities relating to reconstruction and development in Afghanistan, and the results of such actions: (i) Improve coordination with all relevant departments and agencies of the United States Government, as well as NATO- ISAF countries and other international partners. (ii) Clarify a single chain of command and operations plans for provincial reconstruction teams (PRTs) in Afghanistan. (iii) Increase staffing, particularly staffing of civilian specialists, and increase staff training for PRTs. [[Page H5215]] (iv) Expand the National Solidarity Program and other efforts to develop the ability of the Afghan people to assume greater responsibility for their own reconstruction and development projects. (v) Strengthen the partnership between the Governments of the United States and Afghanistan. (vi) Strengthen reconstruction and development oversight activities, including implementation of any recommendations of the Special Inspector General for Afghanistan Reconstruction. (3) Regional considerations.--A description of any actions and the results of such actions to increase cooperation with countries geographically located around Afghanistan's border, with a particular focus on improving security and stability in the Afghanistan-Pakistan border areas. (d) Matters to Be Included: Performance Indicators and Measures of Progress Toward Sustainable Long-Term Security and Stability in Afghanistan.-- (1) In general.--The report required by subsection (a) shall set forth, in a section separate from any other section of the report, a comprehensive set of performance indicators and measures of progress toward sustainable long-term security and stability in Afghanistan, as specified in paragraph (2), and shall include performance standards and progress goals, together with a notional timetable for achieving such goals. (2) Performance indicators and measures of progress specified.--The performance indicators and measures of progress specified in this paragraph shall include, at a minimum, the following: (A) Key measures of political stability relating to both central and local Afghan governance. (B) An assessment of military operations of NATO-ISAF and NATO-ISAF countries, and an assessment of separate military operations by United States forces. Such assessments shall include number of engagements per day, trends relating to the numbers and types of hostile encounters, equipment used, effect of national caveats that limit operations, geographic location of operations, and number of civilian casualties. (C) For the Afghanistan National Army (ANA), and separately for the Afghanistan National Police (ANP), of the Afghanistan National Security Forces (ANSF) an assessment of the following: (i) Recruitment and retention numbers; rates of absenteeism; vetting procedures and mechanisms; salaries; numbers trained and mentored; type of training and mentoring, including training and mentoring providers and numbers receiving classroom or field training; organizational force structure; equipment used; operational performance, including ANA and ANP that are (I) capable of conducting operations independently, (II) capable of conducting operations with the support of the United States, NATO-ISAF forces, or other Coalition forces, or (III) not ready to conduct operations. (ii) Effectiveness of ANA or ANP officers and the ANA and ANP chain of command. (iii) Extent to which insurgents have infiltrated the ANA and ANP. (iv) Number of United States and Coalition trainers, mentors, and advisors needed to support the ANA and ANP and associated ministries. (v) Estimated number and capability level of ANA and ANP needed to perform duties now undertaken by the United States, NATO-ISAF forces, and other Coalition forces, including securing Afghanistan's border with Pakistan and providing adequate levels of law and order throughout Afghanistan. (D) An assessment of the estimated strength of the insurgency in Afghanistan and the extent to which it is composed of non-Afghan fighters and utilizing weapons or weapons-related materials from counties other than Afghanistan. (E) A description of all terrorist and insurgent groups operating in Afghanistan, including the number, size, equipment, strength, military effectiveness, sources of support, legal status, and any efforts to disarm or reintegrate each insurgent group. (F) An assessment of security and stability, including terrorist and insurgent activity, in Afghanistan-Pakistan border areas and in Pakistan's Federally Administered Tribal Areas (FATA). (G) An assessment of United States military requirements, including planned force rotations, through the end of calendar year 2008. (e) Update of Report.--Not later than 90 days after the submission of the report required by subsection (a), and every 90 days thereafter, the Secretary of Defense shall submit to the appropriate congressional committees an update of the report. (f) Form.--The report required by subsection (a) and updates of the report required by subsection (e) shall be submitted in unclassified form, but may include a classified annex, if necessary. (g) Congressional Briefings.--The Secretary of Defense shall supplement the report required by subsection (a) and updates of the report required by subsection (e) with regular briefings to the appropriate congressional committees on the subject matter of the report or updates of the report. (h) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC. 1233. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE'S COUNTER-NARCOTICS PROGRAM FOR AFGHANISTAN. (a) Report Required.--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-- (1) the counter-narcotics objectives of the Department of Defense for Afghanistan; and (2) the strategy for implementing such objectives. (b) Matters to Be Included.--The report required by subsection (a) shall-- (1) identify the role and responsibilities of the Department of Defense in addressing any of the applicable five pillars that comprise the counter-narcotics strategy and implementation plan for Afghanistan: public information, rural development (alternative livelihoods), elimination and eradication activities, law enforcement and interdiction, and law enforcement and justice reform; (2) describe the strategic direction of activities of the Department of Defense relating to counter-narcotics efforts in Afghanistan, and specifically include a description of-- (A) a clear, comprehensive and effective long-term strategy and any planned budget, with defined objectives; and (B) actions that the Department of Defense has undertaken and has planned, to-- (i) improve coordination with all relevant departments and agencies of the United States Government; (ii) strengthen significantly the Afghanistan National Counter-Narcotics Police; (iii) build the capacity of the Afghan Government to assume greater responsibility for counter-narcotics related- activities; (iv) improve counter-narcotics intelligence capabilities; (v) strengthen capabilities in support of narcotics-related interdiction activities; (vi) effectively address problems with any counter- narcotics strategies involving the Department of Defense; and (vii) address other elements of the applicable five pillars that comprise the counter-narcotics strategy and implementation plan for Afghanistan as described in paragraph (1); and (3) set forth, in a section separate from any other section of the report, a comprehensive set of performance indicators and measures of progress for the Department of Defense's programs relating to counter-narcotics efforts in Afghanistan, which shall include performance standards and progress goals, together with a notional timetable for achieving such goals. (c) Update of Report.--Not later than 90 days after the submission of the report required by subsection (a), and every 90 days thereafter, the Secretary of Defense shall submit to Congress an update of the report. (d) Concurrent Submission of Report.--The report required by subsection (a) and updates of the report required by subsection (c) shall be submitted concurrently with the report required by section 1232 of this Act (relating to progress toward security and stability in Afghanistan). (e) Form.--The report required by subsection (a) and updates of the report required by subsection (c) shall be submitted in unclassified form, but may include a classified annex, if necessary. SEC. 1234. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN NATIONAL SECURITY FORCES. (a) Plan Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a long- term detailed plan for sustaining the Afghanistan National Army and the Afghanistan National Police of the Afghanistan National Security Forces (ANSF). The plan required by this subsection shall ensure that a strong and fully-capable ANSF will be able to independently and effectively conduct operations and maintain long-term security and stability in Afghanistan. (b) Coordination.--The plan required by subsection (a) shall be prepared in coordination with the Secretary of State and the Attorney General. (c) Matters to Be Included.--The plan required by subsection (a) shall include a description of the following matters relating to sustainability of the ANSF: (1) A clear, comprehensive and effective long-term strategy and budget, with defined objectives. (2) A mechanism for tracking funding, including obligations and expenditures, as well as equipment, training, and services provided for the ANSF by the United States, countries participating in the North Atlantic Treaty Organization International Security Assistance Force (NATO- ISAF countries), and other international partners. (3) A comprehensive set of performance indicators and measures of progress related to sustaining the ANSF, which shall include performance standards and progress goals, together with a notional timetable for achieving such goals. (4) Actions to achieve the following goals: (A) Effective Afghan security institutions with fully- capable leadership and staff, including a reformed Ministry of Interior, a fully-established Ministry of Defense, and logistics, intelligence, medical, and recruiting units (ANSF- sustaining institutions). (B) Fully-trained, equipped and capable ANSF in sufficient numbers. (C) Strong ANSF-readiness assessment tools and metrics. (D) A strong core of senior-level ANSF officers. (E) Strong ANSF communication and control between central command and regions, provinces, and districts. (F) A robust mentoring and advising program for the ANSF. (G) A strong professional military training and education program for all junior, mid-level, and senior ANSF officials. [[Page H5216]] (H) Effective merit-based salary, rank, promotion, and incentive structures for the ANSF. (I) An established code of professional standards for the ANSF. (J) A mechanism for incorporating lessons learned and best practices into ANSF operations. (K) An ANSF personnel accountability system with effective internal discipline procedures and mechanisms. (L) A system for addressing ANSF personnel complaints. (M) A strong record-keeping system to track ANSF equipment and personnel issues, and other ANSF oversight mechanisms. (5) Coordination with all relevant United States Government departments and agencies, as well as NATO-ISAF countries and other international partners, including on-- (A) funding; (B) reform and establishment of ANSF-sustaining institutions; and (C) efforts to ensure that progress on sustaining the ANSF is reinforced with progress in other pillars of the Afghan security sector, particularly progress on building an effective judiciary, curbing production and trafficking of illicit narcotics, and demobilizing, disarming, and reintegrating militia fighters. (d) Update of Plan.--Not later than 90 days after the submission of the plan required by subsection (a), and every 90 days thereafter, the Secretary of Defense, in coordination with the Secretary of State and the Attorney General, shall submit to the appropriate congressional committees an update of the plan required by subsection (a), as necessary. (e) Concurrent Submission of Plan.--The plan required by subsection (a), and any update of the plan required by subsection (d), shall be submitted concurrently with the report required by section 1232 of this Act (relating to progress toward security and stability in Afghanistan). (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate. Subtitle D--Other Matters SEC. 1241. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS: NATO ORGANIZATIONS; ALLIED AND FRIENDLY FOREIGN COUNTRIES. Subsection (e) of section 2350a of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``an arms cooperation opportunities document'' each place it appears and inserting ``a cooperative opportunities document''; and (B) in subparagraph (B), by striking ``a Mission Need Statement'' and inserting ``an analysis of alternatives plan''; and (2) in paragraph (2), by striking ``An arms cooperation opportunities document'' and inserting ``A cooperative opportunities document''. SEC. 1242. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE. (a) Members.--Section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended in subsection (a)(1)-- (1) in subparagraph (C) by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; and (2) by adding at the end the following: ``(E) The Secretary of State. ``(F) The Secretary of Homeland Security. ``(G) The Secretary of Health and Human Services. ``(H) The Administrator of the Environmental Protection Agency.''. (b) Access to Information.--Subsection (d) of such section is amended by inserting after ``Department of Energy,'' the following: ``the Department of State, the Department of Homeland Security, the Department of Health and Human Services, the Environmental Protection Agency,''. (c) Termination.--Subsection (f) of such section is amended by striking ``2008'' and inserting ``2013''. (d) Submission of Report.--Section 1503 of the National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended-- (1) in subsection (a)-- (A) by striking ``Annual'' and inserting ``Biennial''; and (B) by striking ``May 1 each year'' and inserting ``March 1 each odd-numbered year''; and (2) in subsection (b)(5)-- (A) by striking ``fiscal year preceding'' and inserting ``two fiscal years preceding''; and (B) by striking ``preceding fiscal year'' and inserting ``preceding fiscal years''. SEC. 1243. SENSE OF CONGRESS CONCERNING 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 is succeeding in meeting its stated 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 the Department of Defense should continue to utilize in order to help foster a spirit of partnership and interoperability among the United States military and the militaries of participating nations. SEC. 1244. SENSE OF CONGRESS CONCERNING THE STRATEGIC MILITARY CAPABILITIES AND INTENTIONS OF THE PEOPLE'S REPUBLIC OF CHINA. It is the sense of Congress that-- (1) United States military war-fighting capabilities are potentially threatened by the strategic military capabilities and intentions of the People's Republic of China, as demonstrated by-- (A) the October 2006 undetected broach of a Chinese SONG- class diesel-electric submarine in close proximity of the USS Kitty Hawk in international waters; and (B) the January 2007 test of a direct ascent anti-satellite (ASAT) weapon, posing a potential threat to United States military assets in space; (2) it is in the national security interests of the United States to make every effort to understand China's strategic military capabilities and intentions; and (3) as part of such an effort, the Secretary of Defense should expand efforts to develop an accurate assessment of China's strategic military modernization, particularly with regard to its sea- and space-based strategic capabilities. 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. New initiatives for the Cooperative Threat Reduction Program. Sec. 1304. Requirements relating to chemical weapons destruction at Shchuch'ye, Russia. Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the former Soviet Union. SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS. (a) Specification of CTR 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 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). (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 $398,000,000 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 the Russian Federation, $77,900,000. (2) For nuclear weapons storage security in Russia, $23,000,000. (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, $38,000,000. (5) For biological weapons proliferation prevention in the former Soviet Union, $144,400,000. (6) For chemical weapons destruction in Russia, $42,700,000. (7) For defense and military contacts, $8,000,000. (8) For new Cooperative Threat Reduction initiatives that are outside the scope of existing Cooperative Threat Reduction programs and projects, $7,000,000. (9) For activities designated as Other Assessments/ Administration costs, $19,300,000, of which $300,000 is to expand staff capacity, capabilities, and resources necessary for activities related to new Cooperative Threat Reduction initiatives authorized under paragraph (8). (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 paragraphs (2) and (3), 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 any of the paragraphs in 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 any of the [[Page H5217]] paragraphs in 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. (3) Restriction.--The Secretary may not, under the authority provided in paragraph (1), obligate amounts for a purpose stated in any of paragraphs (6) through (9) of subsection (a) in excess of 125 percent of the specific amount authorized for such purpose. SEC. 1303. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION PROGRAM. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense Cooperative Threat Reduction (CTR) Program should be strengthened and expanded, in part by developing new CTR initiatives; (2) such new initiatives should-- (A) increase international security and threat reduction cooperation, capacity building, and security and elimination of nuclear, chemical, and biological weapons and weapons- related materials that pose a threat to United States national security interests; (B) be well-coordinated with the Department of Energy, the Department of State, and any other relevant United States Government agency or department; (C) include robust transparency, accountability, verification measures and mechanisms, and legal frameworks between the United States and CTR partner countries; (D) reflect engagement with non-governmental experts, including the National Academy of Sciences, on possible options for strengthening and expanding the CTR Program; (E) include active work with the Russian Federation and other countries to establish strong CTR partnerships that, among other things-- (i) increase the role of scientists and government officials from Russia and other partner countries in designing CTR programs and projects; and (ii) increase financial contributions and additional commitments to CTR programs and projects from Russia and other partner countries, as evidence that the programs and projects reflect national priorities and will be sustainable; (F) benefit from broad efforts to increase international contributions, in addition to contributions from CTR partner countries, for CTR programs and projects; (G) incorporate a strong focus on national programs and sustainability, which includes actions to address concerns raised and recommendations made by the Government Accountability Office, in its report of February 2007 titled ``Progress Made in Improving Security at Russian Nuclear Sites, but the Long-Term Sustainability of U.S. Funded Security Upgrades is Uncertain'', regarding safeguarding nuclear warheads and materials; (H) demonstrate an increased focus on and development of CTR programs and projects that eliminate and secure nuclear, chemical, and biological weapons and weapons-related materials at the source; and (I) include active efforts to expand the scope of existing CTR programs and projects and develop new CTR programs and projects in Russia and the former Soviet Union, and in countries and regions outside the former Soviet Union, where appropriate and in the interest of United States national security; and (3) such new initiatives could include-- (A) new CTR programs and projects in Asia and the Middle East; (B) activities relating to the denuclearization of the Democratic People's Republic on Korea and security of the Korean peninsula; and (C) development of rapid-response and short-term capabilities to respond to unforeseen contingencies or pursue quickly emergent opportunities. (b) National Academy of Sciences Study.-- (1) Study.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out a study to analyze options for strengthening and expanding the CTR Program. (2) Matters to be included in study.--The Secretary shall provide for the study under paragraph (1) to include-- (A) an assessment of each new CTR initiative described in subsection (a); and (B) an identification of options and formulation of recommendations for strengthening and expanding the CTR Program. (c) Secretary of Defense Report.-- (1) In general.--Not later than March 31, 2008, the Secretary of Defense shall submit to the congressional defense committees, and to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a report on new CTR initiatives. The report shall include-- (A) the results of the study carried out under subsection (b), including any report or other document received from the National Academy of Sciences with respect to such study; (B) the Secretary's assessment of the study; and (C) a specific action plan for the development and implementation of new CTR initiatives and the use of any funds authorized and appropriated for fiscal year 2008 for such initiatives, which shall include a discussion of each new CTR initiative described in subsection (a) and the action plan for implementing the recommendations, if any, of the study carried out under subsection (b) that the Secretary has decided to pursue. (2) Classification.--The report shall be in unclassified form but may include a classified annex if necessary. (d) Funding.--Of the amounts made available pursuant to the authorization of appropriations in section 301(19) for new CTR initiatives under the CTR Program, $1,000,000 shall be available to carry out this section. SEC. 1304. REQUIREMENTS RELATING TO CHEMICAL WEAPONS DESTRUCTION AT SHCHUCH'YE, RUSSIA. (a) Notice of Agreement Required.-- (1) In general.--Not later than 30 days after the commencement of negotiations for, or the signing and finalization of, an agreement described in paragraph (2), the Secretary of Defense shall provide the congressional defense committees with formal written notice of the commencement of negotiations for that agreement or the signing or finalization of that agreement, as the case may be. (2) Agreement.--Paragraph (1) applies to any agreement with the Russian Federation, the implementation of which would have the effect of-- (A) transferring to Russia any responsibilities relating to the scope of work for the Shchuch'ye project that are, as of the date of the enactment of this Act, responsibilities of the Department of Defense; or (B) otherwise changing the implementation of the project in any manner inconsistent with the purpose and intent of the amounts authorized and appropriated for the project. (b) Report Required.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Shchuch'ye project. The report shall include-- (1) a current and detailed cost estimate for completion of the project; and (2) a specific strategic and operating plan for completion of the project, which includes-- (A) active engagement with Russia on securing appropriate contractors and other matters relating to project completion; (B) a comprehensive assessment of alternative contracting options; (C) robust Department project management and oversight, including management and oversight with respect to the performance of any contractors; (D) project quality assurance and sustainability measures, including measures to ensure security of the chemical weapons stockpile at the project site; (E) metrics for measuring project progress with a timetable for achieving goals; (F) coordination of the Department's efforts relating to the project with the Department of Energy and other departments or agencies of the United States Government, international partners, and non-governmental experts who may be helpful in facilitating the project; and (G) a project completion date. (c) Submissions Required Before Implementation of Agreement.--The Secretary of Defense may not implement any agreement described in subsection (a)(2) until 90 days after the date on which the Secretary has submitted to the congressional defense committees all of the following: (1) The report required by subsection (b). (2) A copy of the signed and finalized agreement. (3) The Secretary's certification that the signed and finalized agreement accomplishes each of the following: (A) Describes the respective responsibilities of the Department and Russia relating to completion of the Shchuch'ye project, including in the areas of management, oversight, implementation, security, quality assurance, and sustainability. (B) Specifies the date of project completion. (C) Provides the safeguards needed to ensure timely and effective project completion. (D) Ensures that the chemical weapons stockpile at the project site is secure. (d) Congressional Briefings.--The Secretary of Defense shall supplement the report required by subsection (b) with regular briefings to the congressional defense committees on the subject matter of the report. (e) Definition.--In this section, the terms ``Shchuch'ye project'' and ``project'' mean the Cooperative Threat Reduction (CTR) Program chemical weapons destruction project located in the area of Shchuch'ye in Russia. SEC. 1305. REPEAL OF RESTRICTIONS ON COOPERATIVE THREAT REDUCTION PROGRAM. (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed. (b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed. (c) 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. SEC. 1306. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION. (a) Modification of Certification Requirement.--Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 22 U.S.C. 5963) is amended in subsection (a)-- (1) by striking ``the President may'' and inserting ``the Secretary of Defense may''; and (2) by striking ``if the President'' and inserting ``if the Secretary of Defense, with the concurrence of the Secretary of State,''. (b) Repeal of Funding Limitation.--Section 1308 of that Act is further amended by striking subsection (c). (c) Congressional Notice Requirement.--Section 1308 of that Act is further amended in subsection (d)-- [[Page H5218]] (1) in paragraph (1)-- (A) by striking ``The President may not'' and inserting ``The Secretary of Defense may not''; and (B) by striking ``until the President'' and inserting ``until the Secretary of Defense''; (2) in paragraph (2)-- (A) by striking ``Not later than 10 days after'' and inserting ``Not later than 15 days prior to''; (B) by striking ``the President shall'' and inserting ``the Secretary of Defense shall''; and (C) by striking ``Congress'' and inserting ``the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and Committee on Foreign Relations of the Senate''; and (3) by adding at the end the following: ``(3) In the case of a situation that threatens human life or safety or where a delay would severely undermine the national security of the United States, notification under paragraph (2) shall be made not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity.''. TITLE XIV--WOUNDED WARRIOR ASSISTANCE Sec. 1401. Definitions. Subtitle A--Improved Assistance for Wounded Warriors Sec. 1411. Improvements to medical and dental care for members of the Armed Forces assigned to hospitals in an outpatient status. Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports of deficiencies. Sec. 1414. Notification to Congress of hospitalization of combat wounded service members. Sec. 1415. Independent medical advocate for members before medical evaluation boards. Sec. 1416. Training and workload for physical evaluation board liaison officers. Sec. 1417. Standardized training program and curriculum for Department of Defense disability evaluation system. Sec. 1418. Improved training for health care professionals, medical care case managers, and service member advocates on particular conditions of recovering service members. Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at an appropriate active duty base. Sec. 1420. Criteria for removal of member from temporary disability retired list. Sec. 1421. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation. Sec. 1422. Establishment of Medical Support Fund for support of members of the Armed Forces returning to military service or civilian life. Sec. 1423. Oversight Board for Wounded Warriors. Sec. 1424. Option for members of reserve components to use military medical treatment facilities closest to home for certain injuries. Sec. 1425. Plans and research for reducing post traumatic stress disorder. Subtitle B--Studies and Reports Sec. 1431. Annual report on military medical facilities. Sec. 1432. Access of recovering service members to adequate outpatient residential facilities. Sec. 1433. Evaluation and report on Department of Defense and Department of Veterans Affairs disability evaluation systems. Sec. 1434. Study and report on support services for families of recovering service members. Sec. 1435. Report on traumatic brain injury classifications. Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non- Commissioned Officer Program. Sec. 1437. Study and report on standard soldier patient tracking system. Sec. 1438. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilities. Subtitle C--General Provisions Sec. 1451. Moratorium on conversion to contractor performance of Department of Defense functions at military medical facilities. Sec. 1452. Prohibition on transfer of resources from medical care. Sec. 1453. Increase in physicians at hospitals of the Department of Veterans Affairs. SEC. 1401. DEFINITIONS. In this title: (1) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. (2) Disability evaluation system.--The term ``disability evaluation system'' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security. (3) Family member.--The term ``family member'', with respect to a recovering service member, has the meaning given that term in section 411h(b) of title 37, United States Code. (4) Recovering service member.--The term ``recovering service member'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. (5) Medical care.--The term ``medical care'' includes mental health care. Subtitle A--Improved Assistance for Wounded Warriors SEC. 1411. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR MEMBERS OF THE ARMED FORCES ASSIGNED TO HOSPITALS IN AN OUTPATIENT STATUS. (a) Medical and Dental Care of Members Assigned to Hospitals in an Outpatient Status.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section: ``Sec. 1074l. Management of medical and dental care: members assigned to receive care in an outpatient status ``(a) Medical Care Case Managers.--(1) A member in an outpatient status at a military medical treatment facility shall be assigned a medical care case manager. ``(2)(A) The duties of the medical care case manager shall include the following with respect to the member (or the member's immediate family if the member is incapable of making judgments about personal medical care): ``(i) To assist in understanding the member's medical status. ``(ii) To assist in receiving prescribed medical care. ``(iii) To conduct a review, at least once a week, of the member's medical status. ``(B) The weekly medical status review described in subparagraph (A)(iii) shall be conducted in person with the member. If such a review is not practicable, the medical care case manager shall provide a written statement to the case manager's supervisor indicating why an in-person medical status review was not possible. ``(3)(A) Except as provided in subparagraph (B), each medical care case manager shall be assigned to manage not more than 17 members in an outpatient status. ``(B) The Secretary concerned may waive for up to 120 days the requirement of subparagraph (A) if required due to unforeseen circumstances. ``(4)(A) The medical care case manager office at each facility shall be headed by a commissioned officer of appropriate rank and appropriate military occupation specialty, designator, or specialty code. ``(B) For purposes of subparagraph (A), an appropriate military occupation specialty, designator, or specialty code includes membership in the Army Medical Corps, Army Medical Service Corps, Army Nurse Corps, Navy Medical Corps, Navy Medical Service Corps, Navy Nurse Corps, Air Force Medical Service, or other corps comprised of health care professionals at the discretion of the Secretary of Defense. ``(5) The Secretary of Defense shall establish a standard training program and curriculum for medical care case managers. Successful completion of the training program is required before a person may assume the duties of a medical care case manager. ``(6) The Secretary concerned shall ensure that medical care case managers have the resources necessary to ensure that they expeditiously carry out the responsibilities and duties of their position. ``(b) Service Member Advocate.--(1) A member in an outpatient status shall be assigned a service member advocate. ``(2) The duties of the service member advocate shall include-- ``(A) communicating with the member and with the member's family or other individuals designated by the member; ``(B) assisting with oversight of the member's welfare and quality of life; and ``(C) assisting the member in resolving problems involving financial, administrative, personnel, transitional, and other matters. ``(3)(A) Except as provided in subparagraph (B), each service member advocate shall be assigned to not more than 30 members in an outpatient status. ``(B) The Secretary concerned may waive for up to 120 days the requirement of subparagraph (A) if required due to unforeseen circumstances. ``(4) The service member advocate office at each facility shall be headed by a commissioned officer of appropriate rank and appropriate military occupation specialty, designator, or specialty code in order to handle service-specific personnel and financial issues. ``(5) The Secretary of Defense shall establish a standard training program and curriculum for service member advocates. Successful completion of the training program is required before a person may assume the duties of a service member advocate. ``(6) A service member advocate shall continue to perform the duties described in paragraph (2) with respect to a member until the member is returned to duty or separated or retired from the armed forces. ``(7) The Secretary concerned shall ensure that service member advocates have the resources necessary to ensure that they expeditiously carry out the responsibilities and duties of their position. ``(c) Outreach.--The Secretary of Defense shall make available to each member in an outpatient status at a military medical treatment facility, and to the family members of all such [[Page H5219]] members, information on the availability of services provided by the medical care case managers and service member advocates, including information on how to contact such managers and advocates and how to use their services. ``(d) Semiannual Surveys by Secretaries Concerned.--The Secretary concerned shall conduct a semiannual survey of members in an outpatient status at installations under the Secretary's supervision. The survey shall include, at a minimum, the members' assessment of the quality of medical care at the facility, the timeliness of medical care at the facility, the adequacy of living facilities and other quality of life programs, the adequacy of case management support, and the fairness and timeliness of the physical disability evaluation system. The survey shall be conducted in coordination with installation medical commanders and authorities, and shall be coordinated with such commanders and authorities before submission to the Secretary. ``(e) Definitions.--In this section: ``(1) The term `member in an outpatient status' means a member of the armed forces assigned to a military medical treatment facility as an outpatient or to a unit established for the purpose of providing command and control of members receiving medical care as outpatients. ``(2) The term `disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074l. Management of medical and dental care: members assigned to receive care in an outpatient status.''. (b) Effective Date.--Section 1074l of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act. SEC. 1412. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE-WIDE OMBUDSMAN OFFICE. (a) Establishment.--The Secretary of Defense shall establish a Department of Defense-wide Ombudsman Office (in this section referred to as the ``Ombudsman Office'') within the Office of the Secretary of Defense. (b) Functions.-- (1) In general.--The functions of the Ombudsman Office are to provide policy guidance to, and oversight of, the ombudsman offices in the military departments. (2) Policy guidance.--The Ombudsman Office shall develop policy guidance with respect to the following: (A) Providing assistance to and answering questions from recovering service members and their families regarding-- (i) administrative processes, financial matters, and non- military related services available to the members and their families throughout the member's evaluation, treatment, and recovery; (ii) transfer to the care of the Department of Veterans Affairs; and (iii) support services available upon the member's return home. (B) Accountability standards, including-- (i) creating and maintaining case files for individual specific questions received, and initiating inquiries and tracking responses for all such questions; (ii) setting standards for timeliness of responses; and (iii) setting standards for accountability to recovering service members and their families, including requirements for daily updates to the members and their families about steps being taken to alleviate problems and concerns until problems are addressed. (c) Status Reports.--The ombudsman office in each military department shall submit status reports of actions taken to address individual concerns to the Ombudsman Office, at such times as the Ombudsman Office considers appropriate. (d) Responses From Other Offices.--The Secretary of Defense shall ensure that all other offices within the Department of Defense and the military departments respond in a timely manner to resolve questions and requests from the Ombudsman Office on behalf of recovering service members and their families, including offices responsible for medical matters (including medical holdover processes), financial and accounting matters, legal matters, human resources matters, reserve component matters, installation and management matters, and physical disability matters. (e) Staff of the Office.--The staff of the Ombudsman Office shall include representatives from each military department, including persons with experience in medical holdover processes and other medical matters. SEC. 1413. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR REPORTING DEFICIENCIES IN MEDICAL-RELATED SUPPORT FACILITIES AND EXPEDITED RESPONSE TO REPORTS OF DEFICIENCIES. (a) Establishment.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1567. Identification and investigation of deficiencies in adequacy, quality, and state of repair of medical- related support facilities ``(a) Toll-Free Hot Line.--The Secretary of Defense shall establish and maintain a toll-free telephone number (commonly referred to as a `hot line') at which personnel are accessible at all times to collect, maintain, and update information regarding possible deficiencies in the adequacy, quality, and state of repair of medical-related support facilities. The Secretary shall widely disseminate information regarding the existence and availability of the toll-free telephone number to members of the armed forces and their dependents. ``(b) Confidentiality.--(1) Individuals who seek to provide information through use of the toll-free telephone number under subsection (a) shall be notified, immediately before they provide such information, of their option to elect, at their discretion, to have their identity remain confidential. ``(2) In the case of information provided through use of the toll-free telephone number by an individual who elects to maintain the confidentiality of his or her identity, any individual who, by necessity, has had access to such information for purposes of conducting the investigation or executing the response plan required by subsection (c) may not disclose the identity of the individual who provided the information. ``(c) Investigation and Response Plan.--Not later than 96 hours after a report of deficiencies in the adequacy, quality, or state of repair of a medical-related support facility is received by way of the toll-free telephone number or other source, the Secretary of Defense shall ensure that-- ``(1) the deficiencies referred to in the report are investigated; and ``(2) if substantiated, a plan of action for remediation of the deficiencies is developed and implemented. ``(d) Relocation.--If the Secretary of Defense determines, on the basis of the investigation conducted in response to a report of deficiencies at a medical-related support facility, that conditions at the facility violate health and safety standards, the Secretary shall relocate the occupants of the facility while the violations are corrected. ``(e) Medical-Related Support Facility Defined.--In this section, the term `medical-related support facility' means any facility of the Department of Defense that provides support to any of the following: ``(1) Members of the armed forces admitted for treatment to a military medical treatment facility. ``(2) Members of the armed forces assigned to a military medical treatment facility as an outpatient. ``(3) Family members accompanying any member described in paragraph (1) or (2) as a nonmedical attendant.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1567. Identification and investigation of deficiencies in adequacy, quality, and state of repair of medical-related support facilities.''. (c) Effective Date.--The toll-free telephone number required to be established by section 1567 of title 10, United States Code, as added by subsection (a), shall be fully operational not later than 180 days after the date of the enactment of this Act. SEC. 1414. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED SERVICE MEMBERS. (a) Notification Required.--Chapter 55 of title 10, United States Code, is further amended by inserting after section 1074l the following new section: ``Sec. 1074m. Notification to Congress of hospitalization of combat wounded members ``(a) Notification Required.--The Secretary concerned shall provide notification of the hospitalization of any member of the armed forces evacuated from a theater of combat to the appropriate Members of Congress. ``(b) Appropriate Members.--In this section, the term `appropriate Members of Congress', with respect to the member of the armed forces about whom notification is being made, means the Senators and the Members of the House of Representatives representing the States or districts, respectively, that include the member's home of record and, if different, the residence of the next of kin, or a different location as provided by the member. ``(c) Consent of Member Required.--The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074m. Notification to Congress of hospitalization of combat wounded members.''. SEC. 1415. INDEPENDENT MEDICAL ADVOCATE FOR MEMBERS BEFORE MEDICAL EVALUATION BOARDS. (a) Assignment of Independent Medical Advocate.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Independent Medical Advocate for Members Before Medical Evaluation Boards.--(1) The Secretary of each military department shall ensure, in the case of any member of the armed forces being considered by a medical evaluation board under that Secretary's supervision, that the member has access to a physician or other appropriate health care professional who is independent of the medical evaluation board. ``(2) The physician or other health care professional assigned to a member shall-- ``(A) serve as an advocate for the best interests of the member; and ``(B) provide the member with advice and counsel regarding the medical condition of the [[Page H5220]] member and the findings and recommendations of the medical evaluation board.''. (b) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 1222. Physical evaluation boards and medical evaluation boards''. (2) Table of sections.--The table of sections at the beginning of chapter 61 of such title is amended by striking the item relating to section 1222 and inserting the following new item: ``1222. Physical evaluation boards and medical evaluation boards.''. (c) Effective Date.--Subsection (d) of section 1222 of title 10, United States Code, as added by subsection (a), shall apply with respect to medical evaluation boards convened after the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 1416. TRAINING AND WORKLOAD FOR PHYSICAL EVALUATION BOARD LIAISON OFFICERS. (a) Requirements.--Section 1222(b) of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``establishing--'' and all that follows through ``a requirement'' and inserting ``establishing a requirement''; and (B) by striking ``that Secretary; and'' and all that follows through the end of subparagraph (B) and inserting ``that Secretary. A physical evaluation board liaison officer may not be assigned more than 20 members at any one time, except that the Secretary concerned may authorize the assignment of additional members, for not more than 120 days, if required due to unforeseen circumstances.''; (2) in paragraph (2), by inserting after ``(2)'' the following new sentences: ``The Secretary of Defense shall establish a standardized training program and curriculum for physical evaluation board liaison officers. Successful completion of the training program is required before a person may assume the duties of a physical evaluation board liaison officer.''; and (3) by adding at the end the following new paragraph: ``(3) In this subsection, the term `physical evaluation board liaison officer' includes any person designated as, or assigned the duties of, an assistant to a physical evaluation board liaison officer.''. (b) Effective Date.--The limitation on the maximum number of members of the Armed Forces who may be assigned to a physical evaluation board liaison officer shall take effect 180 days after the date of the enactment of this Act. The training program and curriculum for physical evaluation board liaison officers shall be implemented not later than 180 days after the date of the enactment of this Act. SEC. 1417. STANDARDIZED TRAINING PROGRAM AND CURRICULUM FOR DEPARTMENT OF DEFENSE DISABILITY EVALUATION SYSTEM. (a) Training Program Required.--Section 1216 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) The Secretary of Defense shall establish a standardized training program and curriculum for persons described in paragraph (2) who are involved in the disability evaluation system. The training under the program shall be provided as soon as practicable in coordination with other training associated with the responsibilities of the person. ``(2) Persons covered by paragraph (1) include-- ``(A) Commanders. ``(B) Enlisted members who perform supervisory functions. ``(C) Health care professionals. ``(D) Others persons with administrative, professional, or technical responsibilities in the disability evaluation system. ``(3) In this subsection, the term `disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.''. (b) Effective Date.--The standardized training program and curriculum required by subsection (e) of section 1216 of title 10, United States Code, as added by subsection (a), shall be established not later than 180 days after the date of the enactment of this Act. SEC. 1418. IMPROVED TRAINING FOR HEALTH CARE PROFESSIONALS, MEDICAL CARE CASE MANAGERS, AND SERVICE MEMBER ADVOCATES ON PARTICULAR CONDITIONS OF RECOVERING SERVICE MEMBERS. (a) Recommendations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth recommendations for the improvement of the training provided to health care professionals, medical care case managers, and service member advocates who provide care for or assistance to recovering service members. The recommendations shall include, at a minimum, specific recommendations to ensure that such health care professionals, medical care case managers, and service member advocates are adequately trained and able to detect early warning signs of post-traumatic stress disorder (PTSD), suicidal or homicidal thoughts or behaviors, and other behavioral health concerns among recovering service members and make prompt notification to the appropriate health care professionals. (b) Annual Review of Training.--Not later than 180 days after the date of the enactment of this Act and annually thereafter throughout the global war on terror, the Secretary shall submit to the appropriate congressional committees a report on the following: (1) The progress made in providing the training recommended under subsection (a). (2) The quality of training provided to health care professionals, medical care case managers, and service member advocates, and the number of such professionals, managers, and advocates trained. (3) The progress made in developing the tracking system under subsection (c) and the results of the system. (c) Tracking System.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a system to track the number of notifications made by medical care case managers and service member advocates to health care professionals regarding early warning signs of post-traumatic stress disorder and suicide in recovering service members assigned to the managers and advocates. SEC. 1419. PILOT PROGRAM TO ESTABLISH AN ARMY WOUNDED WARRIOR BATTALION AT AN APPROPRIATE ACTIVE DUTY BASE. (a) Pilot Program Required.-- (1) Establishment.--The Secretary of the Army shall establish a pilot program, at an appropriate active duty base with a major medical facility, based on the Wounded Warrior Regiment program of the Marine Corps. The pilot program shall be known as the Army Wounded Warrior Battalion. (2) Purpose.--Under the pilot program, the Battalion shall track and assist members of the Armed Forces in an outpatient status who are still in need of medical treatment through-- (A) the course of their treatment; (B) medical and physical evaluation boards; (C) transition back to their parent units; and (D) medical retirement and subsequent transition into the Department of Veterans Affairs medical system. (3) Organization.--The commanding officer of the Battalion shall be selected by the Army Chief of Staff and shall be a post-command, at O-5 or O-5 select, with combat experience in Operation Iraqi Freedom or Operation Enduring Freedom. The chain-of-command shall be filled by previously wounded junior officers and non-commissioned officers when available and appropriate. (4) Facilities.--The base selected for the pilot program shall provide adequate physical infrastructure to house the Army Wounded Warrior Battalion. Any funds necessary for construction or renovation of existing facilities shall be allocated from the Department of Defense Medical Support Fund established under this title. (5) Coordination.--The Secretary of the Army shall consult with appropriate Marine Corps counterparts to ensure coordination of best practices and lessons learned. (6) Period of pilot program.--The pilot program shall be in effect for a period of one year. (b) Reporting Requirement.--Not later than 90 days after the end of the one-year period for the pilot project, the Secretary of the Army shall submit to Congress a report containing-- (1) an evaluation of the results of the pilot project; (2) an assessment of the Army's ability to establish Wounded Warrior Battalions at other major Army bases. (3) recommendations regarding-- (A) the adaptability of the Wounded Warrior Battalion concept for the Army's larger wounded population; and (B) closer coordination and sharing of resources with counterpart programs of the Marine Corps. (c) Effective Date.--The pilot program required by this section shall be implemented not later than 180 days after the date of the enactment of this Act. SEC. 1420. CRITERIA FOR REMOVAL OF MEMBER FROM TEMPORARY DISABILITY RETIRED LIST. (a) Criteria.--Section 1210(e) of title 10, United States Code, is amended by inserting ``of a permanent nature and stable and is'' after ``physical disability is''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any case received for consideration by a physical evaluation board after the date of the enactment of this Act. SEC. 1421. IMPROVED TRANSITION OF MEMBERS OF THE ARMED FORCES TO DEPARTMENT OF VETERANS AFFAIRS UPON RETIREMENT OR SEPARATION. (a) Transition of Members Separated or Retired.-- (1) Transition process.--Chapter 58 of title 10, United States Code, is amended by inserting after section 1142 the following new section: ``Sec. 1142a. Process for transition of members to health care and physical disability systems of Department of Veterans Affairs ``(a) Transition Plan.--(1) The Secretary of Defense shall ensure that each member of the armed forces who is being separated or retired under chapter 61 of this title receives a written transition plan that-- ``(A) specifies the recommended schedule and milestones for the transition of the member from military service; and ``(B) provides for a coordinated transition of the member from the Department of Defense disability system to the Department of Veterans Affairs. ``(2) A member being separated or retired under chapter 61 of this title shall receive the transition plan before the separation or retirement date of the member. ``(3) The transition plan for a member under this subsection shall include information and guidance designed to assist the member in understanding and meeting the schedule and milestones for the member's transition. [[Page H5221]] ``(b) Formal Transition Process.--(1) The Secretary of Defense, in cooperation with the Secretary of Veterans Affairs, shall establish a formal process for the transmittal to the Secretary of Veterans Affairs of the records and other information described in paragraph (2) as part of the separation or retirement of a member of the armed forces under chapter 61 of this title. ``(2) The records and other information to be transmitted under paragraph (1) with respect to a member shall include, at a minimum, the following: ``(A) The member's address and contact information. ``(B) The member's DD-214 discharge form, which shall be transmitted electronically. ``(C) A copy of the member's service record, including medical records and any results of a Physical Evaluation Board. ``(D) Whether the member is entitled to transitional health care, a conversion health policy, or other health benefits through the Department of Defense under section 1145 of this title. ``(E) Any requests by the member for assistance in enrolling in, or completed applications for enrollment in, the health care system of the Department of Veterans Affairs for health care benefits for which the member may be eligible under laws administered by the Secretary of Veterans Affairs. ``(F) Any requests by the member for assistance in applying for, or completed applications for, compensation and vocational rehabilitation benefits to which the member may be entitled under laws administered by the Secretary of Veterans Affairs, if the member is being medically separated or is being retired under chapter 61 of this title. ``(3) The transmittal of information under paragraph (1) may be subject to the consent of the member, as required by statute. ``(4) With the consent of the member, the member's address and contact information shall also be submitted to the department or agency for veterans affairs of the State in which the member intends to reside after the separation or retirement of the member. ``(c) Meeting.--(1) The formal process required by subsection (b) for the transmittal of records and other information with respect to a member shall include a meeting between representatives of the Secretary concerned and the Secretary of Veterans Affairs, which shall take place at a location designated by the Secretaries. The member shall be informed of the meeting at least 30 days in advance of the meeting, except that the member may waive the notice requirement in order to accelerate transmission of the member's records and other information to the Department of Veterans Affairs. ``(2) A member shall be given an opportunity to submit a written statement for consideration by the Secretary of Veterans Affairs. ``(d) Time for Transmittal of Records.--The Secretary concerned shall provide for the transmittal to the Department of Veterans Affairs of records and other information with respect to a member at the earliest practicable date. In no case should the transmittal occur later than the date of the separation or retirement of the member. ``(e) Armed Forces.--In this section, the term `armed forces' means the Army, Navy, Air Force, and Marine Corps.''. (2) Table of sections.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1142 the following new item: ``1142a. Process for transition of members to health care and physical disability systems of Department of Veterans Affairs.''. (b) Uniform Separation and Evaluation Physical.--Section 1145 of such title is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Uniform Separation and Evaluation Physical.--The joint separation and evaluation physical, as described in DD- 2808 and DD-2697, shall be used by the Secretary of Defense in connection with the medical separation or retirement of all members of the armed forces, including members separated or retired under chapter 61 of this title. The Secretary of Veterans Affairs shall adopt the same separation and evaluation physical for use by the Department of Veterans Affairs.''. (c) Interoperability of Critical Medical Information and Bi-Directional Access.-- (1) Interoperability and access improvement.--The Secretary of Defense and Secretary of Veterans Affairs shall jointly establish and implement a process to ensure an interoperable, bi-directional, real-time exchange of critical medical information between the Department of Defense and the Department of Veterans Affairs. (2) Critical medical information defined.--In this subsection, the term ``critical medical information'' includes, at a minimum, outpatient notes, clinical notes, radiographs, laboratory data, information regarding medications, operation notes, narrative summaries, and discharge summaries. (d) Co-Location of VA Benefit Teams.-- (1) Co-location.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly determine the optimal locations for the deployment of Department of Veterans Affairs benefits team to support recovering service members assigned to military medical treatment facilities, medical-related support facilities, and community-based health care organizations. (2) Military medical treatment facility defined.--In this subsection, the term ``medical-related support facility'' has the meaning given that term in subsection (b) of section 492 of title 10, United States Code, as added by section 1431(a). (e) Repeal of Superseded Chapter 61 Medical Record Transmittal Requirement.-- (1) Repeal.--Section 1142 of such title is amended by striking subsection (c). (2) Section heading.--The heading of such section is amended to read as follows: ``Sec. 1142. Preseparation counseling''. (3) Table of sections.--The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1142 and inserting the following new item: ``1142. Preseparation counseling.''. (f) Effective Dates.--Section 1142a of title 10, United States Code, as added by subsection (a), and subsection (d) of section 1145 of such title, as added by subsection (b), shall apply with respect to members of the Armed Forces who are separated or retired from the Armed Forces on or after the first day of the eighth month beginning after the date of the enactment of this Act. The requirements of subsections (c) and (d), and the amendments made by subsection (e), shall take effect on the first day of such eighth month. SEC. 1422. ESTABLISHMENT OF MEDICAL SUPPORT FUND FOR SUPPORT OF MEMBERS OF THE ARMED FORCES RETURNING TO MILITARY SERVICE OR CIVILIAN LIFE. (a) Establishment and Purpose.--There is established on the books of the Treasury a fund to be known as the Department of Defense Medical Support Fund (hereinafter in this section referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Purposes.--The Fund shall be used-- (1) to support programs and activities relating to the medical treatment, care, rehabilitation, recovery, and support of wounded and injured members of the Armed Forces and their return to military service or transition to civilian society; and (2) to support programs and facilities intended to support the families of wounded and injured members of the Armed Forces. (c) Assets of Fund.--There shall be deposited into the Fund any amount appropriated to the Fund, which shall constitute the assets of the Fund. (d) Transfer of Funds.-- (1) Authority to transfer.--The Secretary of Defense may transfer amounts in the Fund to appropriations accounts for military personnel; operation and maintenance; procurement; research, development, test, and evaluation; military construction; and the Defense Health Program. Amounts so transferred shall be merged with and available for the same purposes and for the same time period as the appropriation account to which transferred. (2) Addition to other authority.--The transfer authority provided in paragraph (1) is in addition to any other transfer authority available to the Department of Defense. Upon a determination that all or part of the amounts transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund. (3) Notification.--The Secretary of Defense shall, not fewer than five days before making a transfer from the Fund, notify the congressional defense committees in writing of the details of the transfer. The Secretary shall provide an summary of transfers from the Fund during a fiscal year in the defense budget materials accompanying the budget for that fiscal year submitted by the President under section 1105(a) of title 31, United States Code. (e) Wounded Warrior Regiment Program.--The Secretary of Defense shall ensure that $10,000,000 for fiscal year 2008 is transferred from the Medical Support Fund to support programs, activities, and facilities associated with the Marine Corps Wounded Warrior Regiment program, to be used as follows: (1) $6,550,000 for Case Management and Patient Support. (2) $1,200,000 for Wounded Warrior Interim Regimental Headquarters Building conversion. (3) $1,300,000 for Case Management System Development. (4) $95,000 for Support Equipment. (f) Funding.--Of the amounts authorized to be appropriated pursuant to section 421 for military personnel accounts, $50,000,000 is authorized for the Department of Defense Medical Support Fund. Such funds shall remain available through September 30, 2008. SEC. 1423. OVERSIGHT BOARD FOR WOUNDED WARRIORS. (a) Establishment.--There is hereby established a board to be known as the Oversight Board for Wounded Warriors (in this section referred to as the ``Oversight Board''). (b) Composition.--The Oversight Board shall be composed of 12 members, of whom-- (1) two shall be appointed by the majority leader of the Senate; (2) two shall be appointed by the minority leader of the Senate; (3) two shall be appointed by the Speaker of the House of Representatives; (4) two shall be appointed by the minority leader of the House of Representatives; (5) two shall be appointed by the Secretary of Veterans Affairs; and (6) two shall be appointed by the Secretary of Defense. (c) Qualifications.--All members of the Oversight Board shall have sufficient knowledge of, or experience with, the military healthcare system, the disability evaluation system, or the experience of a recovering service member or family member of a recovering service member. (d) Appointment.-- (1) Term.--Each member of the Oversight Board shall be appointed for a term of three years. A member may be reappointed for one or more additional terms. (2) Vacancies.--Any vacancy in the Oversight Board shall be filled in the same manner in which the original appointment was made. [[Page H5222]] (e) Duties.-- (1) Advice and consultation.--The Oversight Board shall provide advice and consultation to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives regarding-- (A) the process for streamlining the disability evaluation systems of the military departments; (B) the process for correcting and improving the ratios of case managers and service member advocates to recovering service members; (C) the need to revise Department of Defense policies to improve the experience of recovering service members while under Department of Defense care; (D) the need to revise Department of Defense policies to improve counseling, outreach, and general services provided to family members of recovering service members; (E) the need to revise Department of Defense policies regarding the provision of quality lodging to recovering service members; and (F) such other matters relating to the evaluation and care of recovering service members, including evaluation under disability evaluation systems, as the Board considers appropriate. (2) Visits to military medical treatment facilities.--In carrying out its duties, each member of the Oversight Board shall visit not less than three military medical treatment facilities each year, and the Board shall conduct each year one meeting of all the members of the Board at a military medical treatment facility. (f) Staff.--The Secretary shall make available the services of at least two officials or employees of the Department of Defense to provide support and assistance to members of the Oversight Board. (g) Travel Expenses.--Members of the Oversight Board 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 service for the Oversight Board. (h) Annual Reports.--The Oversight Board shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives each year a report on its activities during the preceding year, including any findings and recommendations of the Oversight Board as a result of such activities. SEC. 1424. OPTION FOR MEMBERS OF RESERVE COMPONENTS TO USE MILITARY MEDICAL TREATMENT FACILITIES CLOSEST TO HOME FOR CERTAIN INJURIES. The Secretary of Defense shall expand the opportunities for recovering service members of the reserve components to receive treatment on an outpatient basis at a military medical treatment facility or other location designated by the Secretary closest to the member's home rather than closest to the base from which the member was deployed. SEC. 1425. PLANS AND RESEARCH FOR REDUCING POST TRAUMATIC STRESS DISORDER. (a) Plans for Reducing Post Traumatic Stress Disorder.-- (1) Plan for prevention.-- (A) In general.--The Secretary of Defense shall develop a plan to incorporate evidence-based preventive and early- intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post- traumatic stress disorder or other stress-related psychopathologies (including substance use conditions) into-- (i) basic and pre-deployment training for enlisted members of the Armed Forces, noncommissioned officers, and officers; (ii) combat theater operations; and (iii) post-deployment service. (B) Updates.--The Secretary of Defense shall update the plan under subparagraph (A) periodically to incorporate, as the Secretary considers appropriate, the results of relevant research, including research conducted pursuant to subsection (b). (2) Research.--Subject to subsection (b), the Secretary of Defense shall develop a plan, in consultation with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences, to conduct such research as is necessary to develop the plan described in paragraph (1). (b) Evidence-Based Research and Training.-- (1) Working group.--The Secretary of Defense shall conduct a study, in coordination with the Department of Veterans Affairs, the National Institutes of Health, and the National Academy of Sciences' Institute of Medicine, to determine the feasibility of establishing a working group tasked with researching and developing evidence-based measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychological pathologies (including substance use conditions). The working group shall include personnel with experience in a combat theater, and behavioral health personnel who have experience providing treatment to individuals with experience in a combat theater. (2) Peer-reviewed research program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for a peer-reviewed research program within the Defense Health Program's research and development function to research and develop evidence-based preventive and early intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stress-related psychopathologies (including substance use conditions). (c) Report.--The Secretary of Defense shall submit to Congress a report on the plans and studies required under this section. Subtitle B--Studies and Reports SEC. 1431. ANNUAL REPORT ON MILITARY MEDICAL FACILITIES. (a) In General.-- (1) Report requirement.--Chapter 23 of title 10, United States Code, as amended by this Act, is further amended by adding at the end the following new section: ``Sec. 492. Annual report on military medical facilities ``(a) Annual Report.--Not later than the date on which the President submits the budget for a fiscal year to Congress pursuant to section 1105 of title 31, 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, suitability, and quality of medical facilities and medical-related support facilities at each military installation within the Department of Defense. ``(b) Response to Hot-Line Information.--The Secretary of Defense shall include in each report information regarding-- ``(1) any deficiencies in the adequacy, quality, or state of repair of medical-related support facilities raised as a result of information received during the period covered by the report through the toll-free hot line maintained pursuant to section 1567 of this title; and ``(2) the investigations conducted and plans of action prepared under such section to respond to such deficiencies. ``(c) Medical-Related Support Facility.--In this section, the term `medical-related support facility' is any facility of the Department of Defense that provides support to any of the following: ``(1) Members of the armed forces admitted for treatment to military medical treatment facilities. ``(2) Members of the armed forces assigned to military medical treatment facilities as an outpatient. ``(3) Family members accompanying any member described in paragraph (1) or (2) as a nonmedical attendant.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``492. Annual report on military medical facilities.''. (b) Effective Date.--The first report under section 492 of title 10, United States Code, as added by subsection (a), shall be submitted not later than the date of submission of the budget for fiscal year 2009. SEC. 1432. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE OUTPATIENT RESIDENTIAL FACILITIES. (a) Required Inspections of Facilities.--All quarters of the United States and housing facilities under the jurisdiction of the Armed Forces that are occupied by recovering service members shall be inspected on a semiannual basis for the first two years after the enactment of this Act and annually thereafter by the inspectors general of the regional medical commands. (b) Inspector General Reports.--The inspector general for each regional medical command shall-- (1) submit a report on each inspection of a facility conducted under subsection (a) to the post commander at such facility, the commanding officer of the hospital affiliated with such facility, the surgeon general of the military department that operates such hospital, the Secretary of the military department concerned, the Assistant Secretary of Defense for Health Affairs, the Oversight Board for Wounded Warriors established pursuant to section 1423, and the appropriate congressional committees; and (2) post each such report on the Internet website of such regional medical command. SEC. 1433. EVALUATION AND REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS DISABILITY EVALUATION SYSTEMS. (a) Evaluation.--The Secretary of Defense and the Secretary of Veterans Affairs shall conduct a joint evaluation of the disability evaluation systems used by the Department of Defense and the Department of Veterans Affairs for the purpose of-- (1) improving the consistency of the two disability evaluation systems; and (2) evaluating the feasibility of, and potential options for, consolidating the two systems. (b) Relation to Veterans' Disability Benefits Commission.-- In conducting the evaluation of the disability evaluation systems used by the Department of Defense and the Department of Veterans Affairs, the Secretary of Defense and the Secretary of Veterans Affairs shall consider the findings and recommendations of the Veterans' Disability Benefits Commission established pursuant to title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 38 U.S.C. 1101 note). (c) Report.--Not later than 180 days after the date of the submission of the final report of the Veterans' Disability Benefits Commission, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to Congress a report containing-- (1) the results of the evaluation; and (2) the recommendations of the Secretaries for improving the consistency of the two disability evaluation systems and such other recommendations as the Secretaries consider appropriate. SEC. 1434. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES OF RECOVERING SERVICE MEMBERS. (a) Study Required.--The Secretary of Defense shall conduct a study of the provision of support services for families of recovering service members. (b) Matters Covered.--The study under subsection (a) shall include the following: [[Page H5223]] (1) A determination of the types of support services that are currently provided by the Department of Defense to family members described in subsection (c), and the cost of providing such services. (2) A determination of additional types of support services that would be feasible for the Department to provide to such family members, and the costs of providing such services, including the following types of services: (A) The provision of medical care at military medical treatment facilities. (B) The provision of job placement services offered by the Department of Defense to any family member caring for a recovering service member for more than 45 days during a one- year period. (C) The provision of meals without charge at military medical treatment facilities. (3) A survey of military medical treatment facilities to estimate the number of family members to whom the support services would be provided. (4) A determination of any discrimination in employment that such family members experience, including denial of retention in employment, promotion, or any benefit of employment by an employer on the basis of the person's absence from employment as described in subsection (c), and a determination, in consultation with the Secretary of Labor, of the options available for such family members. (c) Covered Family Members.--A family member described in this subsection is a family member of a recovering service member who is-- (1) on invitational orders while caring for the recovering service member; (2) a non-medical attendee caring for the recovering service member; or (3) receiving per diem payments from the Department of Defense while caring for the recovering service member. (d) Report.--Not later than 180 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. 1435. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS. (a) Interim 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 an interim report describing the changes undertaken within the Department of Defense to ensure that traumatic brain injury victims receive a proper medical designation concomitant with their injury as opposed to the current medical designation which assigns a generic ``organic psychiatric disorder'' classification. (b) Final Report.--Not later than 180 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 final report concerning traumatic brain injury classifications and an explanation and justification of the Department's use of the international classification of disease (ICD) 9 designation, recommendations for transitioning to ICD 10 or 11, and the benefits the civilian community experiences from using ICD 10. SEC. 1436. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON- COMMISSIONED OFFICER PROGRAM. (a) Evaluation Required.--The Secretary of Defense shall conduct an evaluation of the Polytrauma Liaison Officer/Non- Commissioned Officer program, which is the program operated by each of the military departments and the Department of Veterans Affairs for the purpose of-- (1) assisting in the seamless transition of members of the Armed Forces from the Department of Defense health care system to the Department of Veterans Affairs system; and (2) expediting the flow of information and communication between military treatment facilities and the Veterans Affairs Polytrauma Centers. (b) Matters Covered.--The evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer program shall include evaluating the following areas: (1) The program's effectiveness in the following areas: (A) Handling of military patient transfers. (B) Ability to access military records in a timely manner. (C) Collaboration with Polytrauma Center treatment teams. (D) Collaboration with Veteran Service Organizations. (E) Functioning as the Polytrauma Center's subject-matter expert on military issues. (F) Supporting and assisting family members. (G) Providing education, information, and referrals to members of the Armed Forces and their family members. (H) Functioning as uniformed advocates for members of the Armed Forces and their family members. (I) Inclusion in Polytrauma Center meetings. (J) Completion of required administrative reporting. (K) Ability to provide necessary administrative support to all members of the Armed Forces. (2) Manpower requirements to effectively carry out all required functions of the Polytrauma Liaison Officer/Non- Commissioned Officer program given current and expected case loads. (3) Expansion of the program to incorporate Navy and Marine Corps officers and senior enlisted personnel. (c) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing-- (1) the results of the evaluation; and (2) recommendations for any improvements in the program. SEC. 1437. STUDY AND REPORT ON STANDARD SOLDIER PATIENT TRACKING SYSTEM. (a) Study Required.--The Secretary of Defense shall conduct a study on the feasibility of developing a joint soldier tracking system for recovering service members. (b) Matters Covered.--The study under subsection (a) shall include the following: (1) Review of the feasibility of allowing 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 determination of whether the tracking system can be designed to ensure that-- (A) 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; and (B) each recovering service member is able to know when his 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. (3) Any other information needed to conduct oversight of care of the member through out the medical holdover process. (c) Report.--Not later than 180 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. 1438. STUDY AND REPORT ON WAITING PERIODS FOR APPOINTMENTS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES. (a) Study Required.--The Secretary of Veterans Affairs shall conduct a study on the average length of time between the desired date for which a veteran seeks to schedule an appointment for health care at a Department of Veterans Affairs medical facility and the date on which such appointment is completed. (b) Focus of Study.--In conducting the study under subsection (a), the Secretary shall focus on appointments scheduled and completed at Department medical facilities located in both rural and urban areas. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress containing the findings of the study under subsection (a) and recommendations for decreasing the waiting time between the desired date of an appointment and the completion of the appointment to a maximum of 15 days. Subtitle C--General Provisions SEC. 1451. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS AT MILITARY MEDICAL FACILITIES. (a) Findings.--Congress finds the following: (1) The conduct of public-private competitions for the performance of Department of Defense functions, based on Office of Management and Budget Circular A-76, can lead to dramatic reductions in the workforce, undermining an agency's ability to perform its mission. (2) The Army Garrison commander at the Walter Reed Army Medical Center has stated that the extended A-76 competition process contributed to the departure of highly skilled administrative and maintenance personnel, which led to the problems at the Walter Reed Army Medical Center. (b) Moratorium.--During the one-year period beginning on the date of the enactment of this Act, no study or competition may be begun or announced pursuant to section 2461 of title 10, United States Code, or otherwise pursuant to Office of Management and Budget Circular A-76 relating to the possible conversion to performance by a contractor of any Department of Defense function carried out at a military medical facility . (c) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the public-private competitions being conducted for Department of Defense functions carried out at military medical facilities as of the date of the enactment of this Act by each military department and defense agency. Such report shall include-- (1) for each such competition-- (A) the cost of conducting the public-private competition; (B) the number of military personnel and civilian employees of the Department of Defense affected; (C) the estimated savings identified and the savings actually achieved; (D) an evaluation whether the anticipated and budgeted savings can be achieved through a public-private competition; and (E) the effect of converting the performance of the function to performance by a contractor on the quality of the performance of the function; (2) a description of any public-private competition the Secretary would conduct if the moratorium under subsection (b) were not in effect; and (3) an assessment of whether any method of business reform or reengineering other than a public-private competition could, if implemented in the future, achieve any anticipated or budgeted savings. SEC. 1452. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL CARE. Neither the Secretary of Defense nor the Secretaries of the military departments may transfer funds or personnel from medical care functions to administrative functions within the Department of Defense in order to comply with the [[Page H5224]] new administrative requirements imposed by this title or the amendments made by this title. SEC. 1453. INCREASE IN PHYSICIANS AT HOSPITALS OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs shall increase the number of resident physicians at hospitals of the Department of Veterans Affairs. TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM Sec. 1501. Purpose and statement of congressional policy. Sec. 1502. Army procurement. Sec. 1503. Navy and Marine Corps procurement. Sec. 1504. Air Force procurement. Sec. 1505. Joint Improvised Explosive Device Defeat Fund. Sec. 1506. Defense-wide activities procurement. Sec. 1507. Research, development, test, and evaluation. Sec. 1508. Operation and maintenance. Sec. 1509. Working capital funds. Sec. 1510. Other Department of Defense programs. Sec. 1511. Iraq Freedom Fund. Sec. 1512. Iraq Security Forces Fund. Sec. 1513. Afghanistan Security Forces Fund. Sec. 1514. Military personnel. Sec. 1515. Authorized Army construction and land acquisition projects. Sec. 1516. Authorized Navy construction and land acquisition projects. Sec. 1517. Treatment as additional authorizations. SEC. 1501. PURPOSE AND STATEMENT OF CONGRESSIONAL POLICY. (a) Purpose.--The purpose of this title is to authorize appropriations for the Department of Defense for fiscal year 2008 to provide additional funds for Operation Iraqi Freedom and Operation Enduring Freedom. (b) Policy.--Congress has provided members of the Armed Forces deployed outside of the United States, and the families of such members, with ongoing funds for their protection and operations and will continue to support their service and valor on behalf of the United States. SEC. 1502. 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, $1,677,706,000. (2) For ammunition procurement, $313,000,000. (3) For weapons and tracked combat vehicles procurement, $4,780,172,000. (4) For missile procurement, $295,626,000. (5) For other procurement, $11,123,699,000. SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. (a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Navy in amounts as follows: (1) For aircraft procurement, $2,917,958,000 (2) For weapons procurement, $251,281,000 (3) For other procurement, $727,580,000. (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 $3,863,267,000. (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. 1504. AIR FORCE PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Air Force in amounts as follows: (1) For aircraft procurement, $5,189,709,000. (2) For ammunition procurement, $74,005,000. (3) For missile procurement, $1,800,000. (4) For other procurement, $3,926,810,000. SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. (a) Authorization of Appropriations.--Funds are hereby authorized for fiscal year 2008 for the Joint Improvised Explosive Device Defeat Fund in the amount of $4,000,000,000. (b) Use and Transfer of Funds.--Subsections (b) and (c) of section 1514 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2439) shall apply to the funds appropriated pursuant to the authorization of appropriations in subsection (a). (c) Revision of Management Plan.--The Secretary of Defense shall revise the management plan required by section 1514(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 to identify projected transfers and obligations through September 30, 2008. (d) Duration of Authority.--Section 1514(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007 is amended by striking ``September 30, 2009'' and inserting ``September 30, 2010''. SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for Defense-wide in the amount of $594,768,000. SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $91,278,000. (2) For the Navy, $516,303,000. (3) For the Air Force, $816,041,000. (4) For Defense-wide activities, $727,498,000 SEC. 1508. OPERATION AND MAINTENANCE. Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $45,350,964,000 (2) For the Navy, $5,426,407,000. (3) For the Marine Corps, $4,013,093,000. (4) For the Air Force, $10,536,330,000. (5) For Defense-wide activities, $6,098,990,000. (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. 1509. WORKING CAPITAL FUNDS. Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows: (1) For the Defense Working Capital Funds, $1,676,275,000. (2) For the National Defense Sealift Fund, $5,100,000. SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. (a) Defense Health Program.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program in the amount of $1,022,842,000 for operation and maintenance. (b) Drug Interdiction and Counter-Drug Activities, Defense- Wide.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter- Drug Activities, Defense-wide in the amount of $257,618,000. (c) Defense Inspector General.--Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense in the amount of $4,394,000 for operation and maintenance. SEC. 1511. IRAQ FREEDOM FUND. Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Freedom Fund in the amount of $107,500,000. SEC. 1512. IRAQ SECURITY FORCES FUND. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Security Forces Fund in the amount of $2,000,000,000. (b) Use, Transfer, and Other Requirements Regarding Funds.--Subsections (b), (c) and (d) of section 1516 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2441) shall apply to the funds appropriated pursuant to the authorization of appropriations in subsection (a). (c) Duration of Authority.--Section 1516(g) of the John Warner National Defense Authorization Act for Fiscal Year 2007 is amended by striking ``September 30, 2008'' and inserting ``September 30, 2009''. SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2008 for the Afghanistan Security Forces Fund in the amount of $2,700,000,000. (b) Use, Transfer, and Other Requirements Regarding Funds.--Subsections (b), (c) and (d) of section 1517 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2442) shall apply to the funds appropriated pursuant to the authorization of appropriations in subsection (a). (c) Duration of Authority.--Section 1517(g) of the John Warner National Defense Authorization Act for Fiscal Year 2007 is amended by striking ``September 30, 2008'' and inserting ``September 30, 2009''. SEC. 1514. MILITARY PERSONNEL. There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2008 a total of $17,471,763,000. SEC. 1515. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) Authorized Projects.--Using amounts appropriated pursuant to the authorization of appropriations in subsection (b) 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..... $103,000,000 Iraq.............................. Camp Adder.......... $31,850,000 Al Asad............. $46,100,000 Camp Anaconda....... $49,200,000 Fallujah............ $880,000 Camp Marez.......... $880,000 Mosul............... $43,000,000 Camp Ramadi......... $880,000 Scania.............. $5,000,000 Camp Speicher....... $54,900,000 Camp Taqqadum....... $880,000 Tikrit.............. $43,000,000 Camp Victory........ $24,600,000 Camp Warrior........ $880,000 Various Locations... $102,000,000 ------------------------------------------------------------------------ (b) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $526,450,000 as follows: (1) For military construction projects outside the United States authorized by subsection (a), $507,050,000. (2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $19,400,000. [[Page H5225]] SEC. 1516. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) Authorized Projects.--Using amounts appropriated pursuant to the authorization of appropriations in subsection (b), 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 ------------------------------------------------------------------------ California........................ Camp Pendleton...... $102,034,000 Twenty-Nine Palms... $4,440,000 North Carolina.................... Camp Lejeune........ $43,310,000 ------------------------------------------------------------------------ (b) Authorization of Appropriations.--Subject to section 2825 of title 10, United States Code, funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $169,071,000, as follows: (1) For military construction projects inside the United States authorized by subsection (a), $149,814,000. (2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $7,491,000. (3) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $11,766,000. SEC. 1517. 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. TITLE XVI--NATIONAL GUARD ENHANCEMENT Sec. 1601. Short title. Subtitle A--National Guard Bureau Sec. 1611. Enhancement of duties and position of Chief of the National Guard Bureau. Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. Sec. 1613. Enhancement of functions of National Guard Bureau. Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. Sec. 1615. Determination of Department of Defense civil support requirements. Sec. 1616. Conforming and clerical amendments. Subtitle B--Additional Reserve Component Enhancement Sec. 1621. United States Northern Command. Sec. 1622. Council of Governors. Sec. 1623. Reserve Components Policy Board. Sec. 1624. Requirements for certain high-level positions to be held by reserve component general or flag officers. Sec. 1625. Retirement age and years of service limitations on certain reserve general and flag officers. Sec. 1626. Additional reporting requirements relating to National Guard equipment. SEC. 1601. SHORT TITLE. This title may be cited as the ``National Guard Empowerment Act''. Subtitle A--National Guard Bureau SEC. 1611. ENHANCEMENT OF DUTIES AND POSITION OF CHIEF OF THE NATIONAL GUARD BUREAU. (a) Principal Adviser to Secretary of Defense Through Chairman of Joint Chiefs of Staff on National Guard Matters.--Subsection (c) of section 10502 of title 10, United States Code, is amended by inserting after ``principal adviser'' the following: ``to the Secretary of Defense (through the Chairman of the Joint Chiefs of Staff),''. (b) Adviser to Commander of the United States Northern Command and Secretary of Homeland Security.--Subsection (c) of such section is further amended-- (1) by inserting ``(1)'' before ``The Chief''; and (2) by adding at the end the following new paragraph: ``(2) The Chief of the National Guard Bureau also is an adviser on such matters to the commander of the combatant command the geographic area of responsibility of which includes the United States and to the Secretary of Homeland Security.''. (c) Appointment to Office in Grade of General.--Subsection (d) of such section is amended by striking ``lieutenant general'' and inserting ``general''. (d) Appointment Process.--Subsection (a) of such section is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting ``(1)'' before ``There is''; and (3) by adding at the end the following new paragraphs: ``(2) The Secretary of Defense shall establish a process to identify, from among the officers of the Army National Guard of the United States and Air National Guard of the United States recommended under paragraph (1)(A), the best qualified officer or officers whom the Secretary of Defense will recommend for consideration by the President for appointment as Chief of the National Guard Bureau. ``(3) In establishing the process under paragraph (2), the Secretary of Defense shall-- ``(A) consider such procedural recommendations as the current Chief of the National Guard Bureau may provide; ``(B) employ a selection advisory board, which shall be appointed, charted, and instructed by agreement between the Secretary of the Army and the Secretary of the Air Force; and ``(C) incorporate the requirements of section 601(d) of this title relating to a performance evaluation and necessary qualifications for the position.''. (e) Repeal of Prohibition on Chief Holding Office After Age 64.--Subsection (b) of such section is amended by striking ``An officer may not hold that office after becoming 64 years of age.''. (f) Appointment of Next Chief of the National Guard Bureau.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President recommendations regarding the best qualified officer or officers for consideration by the President for appointment as the next Chief of the National Guard Bureau under section 10502 of title 10, United States Code, as amended by this section. The amendments made by subsections (c), (d), and (e) shall apply with respect to such appointment. The officer serving in the office of Chief of the National Guard Bureau as of the date of the enactment of this Act may be recommended for appointment and appointed to that office to serve in the grade of general. SEC. 1612. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT ACTIVITY OF DEPARTMENT OF DEFENSE. (a) Joint Activity of the Department of Defense.-- Subsection (a) of section 10501 of title 10, United States Code, is amended by striking ``joint bureau of the Department of the Army and the Department of the Air Force'' and inserting ``joint activity of the Department of Defense''. (b) Joint Manpower Requirements.-- (1) In general.--Chapter 1011 of such title is amended by adding at the end the following new section: ``Sec. 10508. National Guard Bureau: general provisions ``The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``10508. National Guard Bureau: general provisions.''. SEC. 1613. ENHANCEMENT OF FUNCTIONS OF NATIONAL GUARD BUREAU. (a) Additional General Functions.--Section 10503 of title 10, United States Code, is amended-- (1) by predesignating paragraph (12), as paragraph (13); and (2) by inserting after paragraph (11) the following new paragraph (12): ``(12)(A) Facilitating and coordinating with the entities listed in subparagraph (B) the use of National Guard personnel and resources for operations conducted under title 32, or in support of State missions. ``(B) The entities listed in this subparagraph for purposes of subparagraph (A) are the following: ``(I) Other Federal agencies. ``(ii) The Adjutants General of the States. ``(iii) The United States Joint Forces Command. ``(iv) The combatant command the geographic area of responsibility of which includes the United States,''. (b) Charter Developed and Prescribed by Secretary of Defense.--Section 10503 of such title is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The Secretary of the Army and the Secretary of the Air Force shall jointly develop'' and inserting ``The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Secretary of the Army, and the Secretary of the Air Force, shall develop''; and (B) by striking ``cover'' in the second sentence and inserting ``reflect the full scope of the duties and activities of the Bureau, including'' ; and (2) in paragraph (12), by striking ``the Secretaries'' and inserting ``the Secretary of Defense''. SEC. 1614. 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. [[Page H5226]] (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: 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. SEC. 1615. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT REQUIREMENTS. (a) Determination of Requirements.--The Secretary of Defense shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities in an incident of national significance or a catastrophic incident. (b) Plan for Funding Capabilities.-- (1) Plan.--The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following: (A) The military-unique capabilities determined under subsection (a). (B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active components and the reserve components of the armed forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities. (2) Term of plan.--The plan required under paragraph (1) shall cover at least five years. (c) Budget.--The Secretary of Defense shall include in the materials accompanying the budget submitted for each fiscal year a request for funds necessary to carry out the plan required under subsection (b) during the fiscal year covered by the budget. The defense budget materials shall delineate and explain the budget treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency. (d) Implementation.--In carrying out this section, the Secretary of Defense, acting through the chairman of the Joint Chiefs of Staff, shall ensure the appropriate assignment of responsibilities, coordination of the efforts, and prioritization of renouncing by the appropriate combatant commands, the military departments, and the National Guard Bureau. (e) Definitions.--In this section: (1) The term ``military-unique capabilities'' means those capabilities that, in the view of the Secretary of Defense-- (A) cannot be provided by other Federal, State or local civilian agencies; and (B) are essential to provide support to civil authorities in an incident of national significance or a catastrophic incident. (2) The term ``defense budget materials'', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year. (f) Strategic Planning Guidance.--Section 113(g)(2) of title 10, United States Code, is amended by striking ``contingency plans'' at the end of the first sentence and inserting the following: ``contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities''. SEC. 1616. CONFORMING AND CLERICAL AMENDMENTS. (a) Conforming Amendment.--The heading of section 10503 of such title is amended to read as follows: ``Sec. 10503. Functions of National Guard Bureau: charter''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1011 of such title is amended by striking the item relating to section 10503 and inserting the following new item: ``10503. Functions of National Guard Bureau: charter.''. Subtitle B--Additional Reserve Component Enhancement SEC. 1621. UNITED STATES NORTHERN COMMAND. (a) Manpower Review.-- (1) Review by chairman of the joint chiefs of staff.--Not later than one year after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense a review of the civilian and military positions, job descriptions, and assignments within the United States Northern Command with the goal of significantly increasing the number of members of a reserve component assigned to, and civilians employed by, the United States Northern Command who have experience in the planning, training, and employment of forces for homeland defense missions, domestic emergency response, and providing military support to civil authorities. (2) Submission of results of review.--Not later than 90 days after the date on which the Secretary of Defense receives the results of the review under paragraph (1), the Secretary shall submit to Congress a copy of the results of the review, together with such recommendations as the Secretary considers appropriate to achieve the objectives of the review. (b) Command and Control of Mixed-Status Forces in Certain Missions.-- (1) Procedures required.--The Secretary of Defense shall establish procedures under which an officer who is on active duty or an officer who is on full-time National Guard duty may command mixed-status forces in connection with the training and use of mixed-status forces for homeland defense missions, domestic emergency responses, and providing military support to civil authorities. (2) Elements of procedures.--The procedures shall include measures to enable-- (A) the Commander of United States Northern Command and subordinate commanders within the United States Northern Command to exercise command of such mixed-status forces; and (B) the Adjutant General or other officers of the National Guard of a State to exercise command of such mixed-status forces. (3) Coordination.--The Secretary of Defense shall establish the procedures in coordination with the Chairman of the Joint Chiefs of Staff, the Chief of the National Guard Bureau, and the Governors of the States. (c) Definitions.--In this section: (1) The term ``United States Northern Command'' means the combatant command the geographic area of responsibility of which includes the United States. (2) the term ``mixed-status forces'' means units and members of the National Guard that are on full-time National Guard duty participating in an encampment, maneuver, training exercise, or operation with members of the armed forces on active duty. (3) The term ``State'' means the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (4) The term ``Governor'', with respect to the District of Columbia, means the commanding general of the District of Columbia National Guard. (5) The terms ``active duty'' and ``full-time National Guard duty'' have the meanings provided those terms by section 101 of title 10, United States Code. SEC. 1622. COUNCIL OF GOVERNORS. The President shall establish a bipartisan Council of Governors to advise the Secretary of Defense, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions. SEC. 1623. RESERVE COMPONENTS POLICY BOARD. (a) Reserve Components Policy Board.--Section 10301 of title 10, United States Code, is amended to read as follows: ``Sec. 10301. Reserve Components Policy Board ``(a) There is in the Office of the Secretary of Defense a Reserve Components Policy Board. The Board shall provide the Secretary of Defense, through the Deputy Secretary of Defense, independent advice and recommendations on strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the reserve components of the United States. ``(b) The Board shall consist of 15 members appointed from civilian life by the Secretary of Defense. The Secretary shall designate the chairman and a vice chairman of the Board. Members of the Board shall be appointed without regard to political affiliation, shall be appointed for two-year, renewable terms, and shall have a proven record of high-level achievement in a national security-related field that includes matters pertaining to the reserve components of the United States. ``(c) Members of the Board shall be selected on the basis of knowledge, expertise, or achievement in the following areas: ``(1) The reserve components of the United States. ``(2) The national security and national military strategies of the United States. ``(3) The roles and missions of the active and reserve components of the United States Armed Forces. ``(4) The organization, force structure, and force mix of the United States Armed Forces. ``(5) Acquisition; research and development; military operations; or personnel and compensation programs, policies, and activities of the Department of Defense. ``(6) Homeland defense and support to civil authorities. ``(d) The Chairman shall be selected on the basis of extensive knowledge, expertise, or achievement with respect to the reserve components of the United States, including the National Guard. ``(e) The Under Secretary of Defense for Personnel and Readiness shall provide an executive director and the necessary support staff to manage the activities of the Board in consultation with the Chairman. ``(f) The Board shall act on those matters referred to it by the Secretary of Defense or the Chairman and, in addition, on any matter raised by a member of the Board. As a part of its duties, the Board shall periodically meet with members of the reserve components of the United States.''. [[Page H5227]] (b) Clerical Amendment.--The item relating to section 10301 in the table of sections at the beginning of chapter 1009 of such title is amended to read as follows: ``10301. Reserve Components Policy Board.''. (c) Conforming Amendments.-- (1) Title 10, United States Code, is amended in the following provisions by striking ``Reserve Forces Policy Board'' and inserting ``Reserve Components Policy Board'': (A) Section 101(d)(6)(B)(i). (B) Section 113(c)(2) (both places). (C) Section 175. (2) The heading of section 175 of such title is amended to read as follows: ``Sec. 175. Reserve Components Policy Board''. (3) The item relating to section 175 in the table of sections for chapter 7 of such title is amended to read as follows: ``175. Reserve Components Policy Board.''. SEC. 1624. REQUIREMENTS FOR CERTAIN HIGH-LEVEL POSITIONS TO BE HELD BY RESERVE COMPONENT GENERAL OR FLAG OFFICERS. (a) Unified and Specified Combatant Command Positions.-- Subparagraph (A) of section 526(b)(2) of title 10, United States Code, is amended by striking ``10 general and flag officer positions on the staffs of the commanders of'' and inserting ``15 general and flag officer positions in''. (b) Designation of Lieutenant General or Vice Admiral Positions to Be Held Only by Reserve Component Officers.-- Such subparagraph is further amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by striking the last sentence; and (3) by adding at the end the following new clauses: ``(ii) The Chairman of the Joint Chiefs of Staff shall designate up to three general and flag officer positions in the grade of lieutenant general or vice admiral to be held only by reserve component officers. One of the positions designated under this clause shall be the deputy commander of the combatant command the geographic area of responsibility of which includes the United States, unless a reserve component officer is serving as commander of that combatant command. Each position designated under this clause shall be in addition to those positions that are required by law to be filled by an officer serving in the grade of lieutenant general or vice admiral. ``(iii) The positions designated under clauses (i) and (ii) shall be considered a joint duty assignment position for the purposes of chapter 38 of this title.''. SEC. 1625. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS. (a) Retirement for Age.-- (1) Inclusion of reserve generals and admirals.--Section 14511 of title 10, United States Code, is amended to read as follows: ``Sec. 14511. Separation at age 64: major generals and generals and rear admirals and admirals ``(a) Major Generals and Rear 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 major general and each reserve officer of the Navy in the grade of rear admiral, except an officer covered by section 14512 of this title, shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age. ``(b) Generals and Admirals.--(1) Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of general and each reserve officer of the Navy in the grade of admiral shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age. ``(2) The retirement of an officer under paragraph (1) may be deferred-- ``(A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or ``(B) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 1407 of such title is amended by striking the item relating to section 14511 and inserting the following new item: ``14511. Separation at age 64: major generals and generals and rear admirals and admirals.''. (b) Conforming Amendments and Reserve Officers Holding Certain Other Offices.--Section 14512 of such title is amended-- (1) in subsection (a)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (2) in subsection (b)-- (A) by inserting ``(1)'' before ``The Secretary''; and (B) by adding at the end the following new paragraph: ``(2) The President may defer the retirement of a reserve officer serving in the position of Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. A deferment under this paragraph shall not count toward the limitation on the total number of officers whose retirement may be deferred at any one time under paragraph (1).''; and (3) by adding at the end the following new subsection: ``(c) Designated Lieutenant General or Vice Admiral Positions Held by Reserve Component Officers.--Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, a reserve officer serving in one of the general and flag officer positions designated under section 526(b)(2)(A)(ii) of this title to be held by a reserve officer in the grade of lieutenant general or vice admiral shall, on the last day of the month in which the officer becomes 66 years of age, be separated in accordance with section 14515 of this title.''. (c) Imposition of Years of Service Limitation.-- (1) Imposition of limitation.--Section 14508 of such title is amended by inserting after subsection (c), as added by section 511, the following new subsection: ``(d) Forty Years of Service for Generals and Admirals.-- Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of general and each reserve officer of the Navy in the grade of admiral shall, 30 days after completion of 40 years of commissioned service, be separated in accordance with section 14514 of this title.''. (2) Conforming amendments.--Subsection (b) of section 10502 of such title, as amended by section 1611(e), is further amended-- (A) by inserting ``(1)'' before the first sentence; and (B) by striking ``While holding that office'' and inserting the following: ``(2) Except as provided in section 14508(d) of this title, while holding the office of Chief of the National Guard Bureau''. (d) Treatment of Current Chief of the National Guard Bureau.--Section 14512(a) 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 with respect to the officer serving in the office of Chief of the National Guard Bureau as of that date. However, if the officer serving in the office of Chief of the National Guard Bureau as of that date is subsequently appointed to that office to serve in the grade of general, subsection (b) of section 14511 of such title, as added by this section, shall apply. SEC. 1626. 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.''. TITLE XVII--DEFENSE READINESS PRODUCTION BOARD Sec. 1701. Purpose. Sec. 1702. Establishment of Defense Readiness Production Board. Sec. 1703. Defense Production Industry Advisory Council. Sec. 1704. Role of Chairman of Board in certain reporting processes. Sec. 1705. Authority to use multiyear contracts. Sec. 1706. Transfer authority. Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. Sec. 1708. Strategic Readiness Fund. SEC. 1701. PURPOSE. The purpose of this title is to establish a Defense Readiness Production Board to identify and designate critical readiness requirements, to improve the utilization of the defense industrial base, and to provide authorities to the Secretary of Defense and the Secretaries of the military departments to address critical readiness requirements. SEC. 1702. ESTABLISHMENT OF DEFENSE READINESS PRODUCTION BOARD. (a) Establishment.--The Secretary of Defense shall establish a Defense Readiness Production Board (in this subtitle referred to as the ``Board'') within the Office of the Secretary of Defense. (b) Membership.-- (1) In general.--The Board shall be composed of 16 members appointed by the Secretary of Defense in accordance with this subsection. (2) Chairman.--The Secretary shall appoint a Chairman from within the Office of the Secretary of Defense. (3) Military personnel.--The Secretary shall appoint members from among officers of the Armed Forces serving on the joint staff and each of the Armed Forces. In making appointments under this paragraph, the Secretary shall ensure that there is full representation of the reserve components of each of the Armed Forces, including at least two representatives of the National Guard and two individuals with responsibilities relating to a depot activity. (4) Civilian personnel.--The Secretary shall appoint members from among civilian employees of the Department of Defense serving in each of the military departments and in such other entities within the Department as the Secretary determines appropriate. [[Page H5228]] (5) Other agencies.--The Secretary may request such representatives from other Federal agencies to serve as members as the Secretary of Defense considers necessary, appropriate, and relevant to the work of the Board. (6) Terms; vacancies.--The Secretary shall determine the term of office of members of the Board and the manner of filling vacancies on the Board. (c) Functions.-- (1) Designation of critical readiness requirements.-- (A) The Board shall-- (i) monitor and assess the readiness of the Armed Forces; (ii) assist the Secretary of Defense and Congress in the identification of deficiencies in the readiness of the Armed Forces caused by shortfalls in weapons systems, equipment, and supplies; and (iii) identify and formally designate critical readiness requirements. (B) In this title, the term ``critical readiness requirements'' means shortfalls in equipment or supplies that materially reduce readiness of the Armed Forces and that-- (i) cannot be adequately addressed by identifying acceptable substitute capabilities or cross leveling of equipment that does not unacceptably reduce the readiness of other Armed Forces; and (ii) that are likely to persist for more than two years based on currently projected budgets and schedules for deliveries of equipment and supplies. (C) During the period beginning on the date of the enactment of this Act and ending on the date of the first meeting of the Board, the Secretary of Defense may identify and formally designate critical readiness requirements under subparagraph (A)(iii) in lieu of the Board. (2) Monitoring and assessment of industrial capacity.--The Board shall also monitor and assess the industrial capacity of all elements of the Department of Defense, the defense industrial base, and non-traditional suppliers to the Department of Defense-- (A) to determine where industrial capacity is being insufficiently used to meet the needs of the Department of Defense, particularly in addressing critical readiness requirements; and (B) to recommend ways to increase the use of the industrial base, including through encouraging the use of public-private partnerships for existing systems currently maintained outside the depot system as a means of promoting competition, attracting non-traditional suppliers, and expanding the business base of traditional suppliers. (3) Reports and notifications.-- (A) The Board shall submit to the Secretary of Defense and to the congressional defense committees reports to communicate its findings and the progress made by the Department of Defense in addressing critical readiness requirements, at such times as it considers necessary, but not less often than every six months. (B) The Board shall notify the Secretary of Defense and the congressional defense committees within 10 days after it designates a critical readiness requirement under paragraph (1). If the Secretary of Defense designates a critical readiness requirement under paragraph (1)(C) in lieu of the Board, the Secretary shall notify the congressional defense committees within 10 days after such designation. (d) Staff.--The Secretary of Defense shall assign staff, and request the Secretaries of the military departments to assign staff, as necessary to assist the Board in carrying out its duties. (e) Termination.--The Board shall terminate 5 years after the date of its establishment under subsection (a). SEC. 1703. DEFENSE PRODUCTION INDUSTRY ADVISORY COUNCIL. (a) Establishment.--The Secretary of Defense shall establish a Defense Production Industry Advisory Council (in this section referred to as the ``Council'') to advise and assist the Defense Readiness Production Board in fulfilling its duties and functions with respect to the industrial base. (b) Membership.--The Council shall be composed of 12 members, appointed by the Secretary of Defense in consultation with the Armed Services Committees of the Senate and the House of Representatives from among individuals with knowledge of the defense industrial base, including individuals who-- (1) represent major sectors of defense industry most relevant to the work of the Council; (2) represent non-traditional suppliers to the Department of Defense from industries most relevant to the work of the Council; (3) represent suppliers of essential materials most relevant to the work of the Council; and (4) represent the workforce in the defense industrial base most relevant to the work of the Council. (c) Functions.--The Council shall advise and assist the Defense Readiness Production Board in fulfilling its duties and functions with regard to the industrial base and on such other matters as the Secretary may direct. (d) Reimbursement.--The Secretary may provide reimbursement to members of the Council for purposes of attending meetings of the Council, in accordance with Federal guidelines. (e) Termination.--The Council shall terminate 5 years after the date of its establishment under subsection (a). SEC. 1704. ROLE OF CHAIRMAN OF BOARD IN CERTAIN REPORTING PROCESSES. (a) Readiness Reporting System.-- (1) Inclusion in joint readiness reviews.--The Chairman of the Board, or a representative of the Chairman, shall be included in the quarterly joint readiness reviews and monthly updates required under section 117(d) of title 10, United States Code. (2) Inclusion in reports.--The Chairman of the Board may submit views to the Secretary of Defense for inclusion in the report submitted to Congress by the Secretary under section 117(e) of such title. (b) Quarterly Reports on Military Readiness.--The Chairman of the Board shall be included in the process for preparing quarterly reports required under section 482 of title 10, United States Code. The Chairman may submit views to the Secretary of Defense for inclusion in such reports. (c) Reports on Fund Transfers.--The Chairman of the Board shall be included in the process of transferring any funds described in reports submitted under section 483 of title 10, United States Code. The Chairman may submit views to the Secretary of Defense for inclusion in such reports, and if the Chairman determines that any transfer described in a report would negatively affect a critical readiness requirement, shall submit views on such transfer. SEC. 1705. AUTHORITY TO USE MULTIYEAR CONTRACTS. (a) In General.--Notwithstanding section 2306b of title 10, United States Code, the Secretary of a military department may enter into a multiyear contract to procure an item if such item will fill, or substantially fill, a critical readiness requirement designated by the Board. (b) Limitation on Items.--The authority under subsection (a) may not be used unless the item to be procured-- (1) is the same or substantially the same as an item procured previously using a multiyear contract; (2) has been in full-rate production for at least 3 years; or (3) is a non-developmental commercial item with modifications that are de minimis in nature. (c) Additional Limitation.--The authority under subsection (a) may not be used unless the Secretary of the military department concerned-- (1) certifies that the pricing under the contract is fair and reasonable and that the Secretary has all the information necessary to make such certification; and (2) the congressional defense committees have been notified at least 30 days in advance of the award of the proposed contract, and the notification includes a statement of the cancellation ceiling for the contract. (d) Accounting for Costs.--For the purpose of accounting for the costs of contracts entered into under this section, the Department of Defense shall either-- (1) record obligations for the full cost of the contract at the time of contract award; or (2) record obligations for each fiscal year of the contract equal to the Government's total annual liability, which includes, for a fiscal year, the performance cost of the contract for the fiscal year plus any costs that would be incurred if the contract were cancelled at the end of the fiscal year. (e) Multiyear Contract Defined.--In this section, the term ``multiyear contract'' has the meaning provided in section 2306b(k) of this title. (f) Regulations.--The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall include provisions similar to the provisions required under section 2306b(e) of this title (relating to protection of existing authority). SEC. 1706. TRANSFER AUTHORITY. (a) In General.--The Secretary of Defense may transfer from amounts described in subsection (b) to other appropriations of the Department of Defense for fiscal year 2008 or any subsequent fiscal year such amounts as the Secretary determines necessary to address critical readiness requirements designated by the Board. Amounts so transferred shall be merged with and be available for the same purposes as the accounts to which transferred. The total amount that the Secretary may transfer under the authority of this section in any fiscal year is $1,000,000,000. (b) Amounts Subject to Transfer.--Transfers under this section may be made only from amounts appropriated to the Department of Defense for fiscal year 2008 or any subsequent fiscal year that remain available for obligation. (c) Additional Authority.--The authority provided by this section is in addition to any other authority provided by law authorizing the transfer of amounts available to the Department of Defense. SEC. 1707. SPECIAL AUTHORITY FOR USE OF WORKING CAPITAL FUNDS FOR CRITICAL READINESS REQUIREMENTS. (a) Notification to Secretary of Certain Expenses.--The Secretary of a military department shall notify the Secretary of Defense if the Secretary of the military department determines that costs will be incurred for work on a critical readiness program in excess of amounts available in the working capital fund of the military department. (b) Transfer of Funds.--The Secretary of Defense, after receiving a notification under subsection (a), may transfer funds from another working capital fund or other funds available to the Department of Defense for fiscal year 2008 or any subsequent fiscal year sufficient to cover the costs of the critical readiness program. The Secretary of the military department to which the funds are transferred shall notify the congressional defense committees of the transfer within 30 days after the transfer is made. (c) Requirement to Reimburse Working Capital Funds.--In the case of any working capital fund from which a transfer is made under subsection (b), the Secretary of Defense shall, within 12 months after the transfer, reimburse the fund from any of the following: (1) An appropriation of funds. (2) Other funds available to the Department of Defense. [[Page H5229]] (3) If the Secretary is unable to provide reimbursement pursuant to paragraph (1) or (2) within nine months after the transfer, advance billing (under section 2208(i) of title 10, United States Code) from the military department carrying out the critical readiness program. (d) Additional Transfer Authority.--The transfer authority under this section is in addition to any other transfer authority. (e) Critical Readiness Program.--In this section, the term ``critical readiness program'' means a program to address a critical readiness requirement designated by the Board. SEC. 1708. STRATEGIC READINESS FUND. (a) Establishment.--There is established on the books of the Treasury a fund to be known as the Department of Defense Strategic Readiness Fund (in this subsection referred to as the ``Fund''), which shall be administered by the Secretary of the Treasury. (b) Purposes.--The Fund shall be used to address critical readiness requirements designated under section 1701(c). (c) Assets of Fund.--There shall be deposited into the Fund any amount appropriated to the Fund, which shall constitute the assets of the Fund. (d) Transfer of Funds.-- (1) The Secretary of Defense may transfer amounts in the Fund to such appropriations accounts as the Secretary determines appropriate for addressing critical readiness requirements designated under section 1701(c). Amounts so transferred shall be merged with and available for the same purposes and for the same time period as the appropriation account to which transferred. (2) The transfer authority provided in paragraph (1) is in addition to any other transfer authority available to the Department of Defense. Upon a determination that all or part of the amounts transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund. (3) The Secretary of Defense shall notify the congressional defense committees within 30 days after the Secretary makes a transfer under this subsection. (e) Authorization.--There is hereby authorized to be appropriated to the Strategic Readiness Fund $1,000,000,000, to be derived from amounts for Operations and Maintenance under section 1508. 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. Sec. 2102. Family housing. Sec. 2103. Improvements to military family housing units. Sec. 2104. Authorization of appropriations, Army. Sec. 2105. Modification of authority to carry out certain fiscal year 2006 project. 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 Alaska............................ Fort Richardson..... $92,800,000 Fort Wainwright..... $105,600,000 Arizona........................... Fort Huachuca....... $129,600,000 California........................ Fort Irwin.......... $24,000,000 Presidio, Monterey.. $28,000,000 Colorado.......................... Fort Carson......... $157,200,000 Delaware.......................... Dover Air Force Base $17,500,000 Florida........................... Eglin Air Force Base $66,000,000 Southern Command $237,000,000 Headquarters, Miami. Georgia........................... Fort Benning........ $185,800,000 Fort Stewart/Hunter $123,500,000 Army Air Field. Hawaii............................ Fort Shafter........ $31,000,000 Kahuku Training Area $9,200,000 Schofield Barracks.. $88,000,000 Wheeler Army Air $51,000,000 Field. Kansas............................ Fort Leavenworth.... $90,800,000 Fort Riley.......... $140,200,000 Kentucky.......................... Fort Campbell....... $105,000,000 Fort Knox........... $6,700,000 Missouri.......................... Fort Leonard Wood... $129,050,000 Nevada............................ Hawthorne Army $11,800,000 Ammunition Plant. New Mexico........................ White Sands Missile $71,000,000 Range. New York.......................... Fort Drum........... $300,600,000 North Carolina.................... Fort Bragg.......... $270,800,000 Oklahoma.......................... Fort Sill........... $2,900,000 South Carolina.................... Fort Jackson........ $85,000,000 Texas............................. Camp Bullis......... $1,600,000 Corpus Christi...... $11,200,000 Fort Bliss.......... $111,900,000 Fort Hood........... $138,000,000 Fort Sam Houston.... $19,150,000 Red River Army Depot $9,200,000 Virginia.......................... Fort Belvoir........ $13,000,000 Fort Eustis......... $75,000,000 Fort Lee............ $22,600,000 Fort Myer........... $20,800,000 Washington........................ Fort Lewis.......... $167,900,000 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 ------------------------------------------------------------------------ Afghanistan....................... Afghanistan......... $13,800,000 Bulgaria.......................... Nevo Selo FOS....... $61,000,000 Germany........................... Grafenwoehr......... $62,000,000 Honduras.......................... Various locations... $2,550,000 Italy............................. Vicenza............. $173,000,000 Korea............................. Camp Humphreys...... $57,000,000 Romania........................... Various locations... $12,600,000 ------------------------------------------------------------------------ SEC. 2102. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table: Army: Family Housing ------------------------------------------------------------------------ Installation or State or Country Location Units Amount ------------------------------------------------------------------------ Utah......................... Dugway Proving 28...... $5,000,000 Grounds. 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 $5,382,917,000 as follows: (1) For military construction projects inside the United States authorized by section 2101(a), $3,222,500,000. (2) For military construction projects outside the United States authorized by section 2101(b), $381,950,000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $27,200,000. (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $329,547,000. (5) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $424,400,000. (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $731,920,000. (6) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2445), as amended by section 20814 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289), as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5; 121 Stat. 41), $102,000,000. (7) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3485), $47,400,000 (b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a). (2) $46,000,000 (the balance of the amount authorized under section 2201(a) for construction of an operations complex at Eglin Air Force Base, Florida). (3) $70,000,000 (the balance of the amount authorized under section 2201(a) for construction of the United States Southern Command Headquarters, Miami, Florida). [[Page H5230]] SEC. 2105. 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''. 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. Repeal of authorization for construction of Navy Outlying Landing Field, Washington County, North Carolina. SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. (a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ Alaska............................ Outlying Field $9,560,000 Evergreen. Arizona........................... Marine Corps Air $33,720,000 Station, Yuma. California........................ Marine Corps Air $26,760,000 Station, Miramar. Marine Corps Base, $282,450,000 Camp Pendleton. Marine Corps Base, $142,619,000 Twentynine Palms. Naval Station, San $23,630,000 Diego. Florida........................... Marine Corps $7,570,000 Logistics Base, Blount Island. ................................ Naval Surface $13,870,000 Warfare Center, Panama City. Naval Training $1,600,000 Center, Corry Field. Hawaii............................ Marine Corps Air $37,961,000 Station, Kaneohe. Naval Base, Pearl $99,860,000 Harbor. Naval Station Pearl $65,410,000 Harbor, Wahiawa. Illinois.......................... Naval Training $10,221,000 Center, Great Lakes. Maryland.......................... Naval Air Warfare $38,360,000 Center, Patuxent River. Naval Surface $9,500,000 Warfare Center, Indian Head. North Carolina.................... Marine Corps Air $28,610,000 Station, Cherry Point. Marine Corps Air $58,630,000 Station, New River. Marine Corps Base, $234,730,000 Camp Lejeune. South Carolina.................... Marine Corps Air $10,300,000 Station, Beaufort. Marine Corps Recruit $55,282,000 Depot, Parris Island. Texas............................. Naval Air Station, $14,290,000 Corpus Christi. Virginia.......................... Marine Corps Base, $50,519,000 Quantico. Naval Station, $65,360,000 Norfolk. Naval Support $8,450,000 Activity, Chesapeake. Naval Surface $10,000,000 Warfare Center, Dahlgren. Washington........................ Naval Air Station, $34,510,000 Whidbey Island. Naval Station, $119,760,000 Bremerton. ------------------------------------------------------------------------ (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........................... Southwest Asia...... $35,500,000 Diego Garcia...................... Naval Support $7,150,000 Facility, Diego Garcia. Djibouti.......................... Camp Lemonier....... $22,390,000 Guam.............................. Naval Activities, $278,818,000 Guam. ------------------------------------------------------------------------ (c) Unspecified Worldwide.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(3), the Secretary of the Navy may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table: Navy: Unspecified Worldwide ------------------------------------------------------------------------ Installation or Location Location Amount ------------------------------------------------------------------------ Worldwide Unspecified............. Wharf Utilities $8,900,000 Upgrade. Host Nation $2,700,000 Infrastructure. ------------------------------------------------------------------------ SEC. 2202. FAMILY HOUSING. (a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations, in the number of units, and in the amounts set forth in the following table: Navy: Family Housing ------------------------------------------------------------------------ Location Installation Units Amount ------------------------------------------------------------------------ Mariana Islands.............. Naval 73...... $57,167,000 Activities, Guam. ------------------------------------------------------------------------ (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $3,172,000. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $237,990,000. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. (a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,804,429,000, as follows: (1) For military construction projects inside the United States authorized by section 2201(a), $1,493,532,000. (2) For military construction projects outside the United States authorized by section 2201(b), $343,858,000. (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, $111,067,000. (6) For military family housing functions: (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $298,329,000. (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $371,404,000. (7) For the construction of increment 2 of the construction of an addition to the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2448), $52,069,000. (8) For the construction of increment 3 of recruit training barracks infrastructure upgrade at Recruit Training Command, Great Lakes, Illinois, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $16,650,000. (9) For the construction of increment 3 of wharf upgrades at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3490), $8,750,000. (10) For the construction of increment 2 of the Bachelor Enlisted Quarters Homeport Ashore Program at Bremerton, Washington (formerly referred to as a project at Naval Station, Everett), authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.3490), $47,240,000. (11) For the construction of increment 4 of the limited area production and storage complex at Naval Submarine Base, Kitsap, Bangor, Washington (formerly referred to as a project at the Strategic Weapons Facility Pacific, Bangor), authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), as amended by section 2206 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3493), $39,750,000. (b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a). (2) $50,000,000 (the balance of the amount authorized under section 2201(b) for construction of a wharf extension in Apra Harbor, Guam. [[Page H5231]] SEC. 2205. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY OUTLYING LANDING FIELD, WASHINGTON COUNTY, NORTH CAROLINA. (a) Repeal of Authorization.--The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704) is amended by striking the item relating to Navy Outlying Landing Field, Washington County, North Carolina, as added by section 2205(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2452). (b) Repeal of Incremental Funding Authority.--Section 2204(b) of that Act (117 Stat. 1706) is amended by striking paragraph (6). (c) Effect of Repeal.--The amendments made by this section do not affect the expenditure of funds obligated, before the effective date of this title, for the construction of the Navy Outlying Landing Field, Washington County, North Carolina, or the acquisition of real property to facilitate such construction. TITLE XXIII--AIR FORCE Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project. 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 $70,180,000 Base. Arizona........................... Davis-Monthan Air $11,200,000 Force Base. Kirtland Air Force $3,700,000 Base. Luke Air Force Base. $5,500,000 Arkansas.......................... Little Rock Air $9,800,000 Force Base. California........................ Edwards Air Force $8,500,000 Base. Travis Air Force $37,400,000 Base. Colorado.......................... Fort Carson......... $13,500,000 Schriever Air Force $24,500,000 Base. United States Air $15,000,000 Force Academy. District of Columbia.............. Bolling Air Force $2,500,000 Base. Florida........................... Eglin Air Force Base $158,300,000 MacDill Air Force $60,500,000 Base. Patrick Air Force $11,854,000 Base. Tyndall Air Force $44,114,000 Base. Georgia........................... Robins Air Force $19,700,000 Base. Hawaii............................ Hickam Air Force $31,971,000 Base. Illinois.......................... Scott Air Force Base $16,700,000 Kansas............................ Fort Riley.......... $12,515,000 Missouri.......................... Whiteman Air Force $11,400,000 Base. Nebraska.......................... Offutt Air Force $16,952,000 Base. New Mexico........................ Cannon Air Force $1,688,000 Base. North Dakota...................... Minot Air Force Base $18,200,000 Oklahoma.......................... Altus Air Force Base $2,000,000 Tinker Air Force $34,600,000 Base. South Carolina.................... Shaw Air Force Base. $9,300,000 Texas............................. Lackland Air Force $14,000,000 Base. Shepard Air Force $7,000,000 Base. Utah.............................. Hill Air Force Base. $16,799,000 Washington........................ Fairchild Air Force $6,200,000 Base. Wyoming........................... Francis E. Warren $14,600,000 Air Force Base. ------------------------------------------------------------------------ (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States ------------------------------------------------------------------------ Installation or Country Location Amount ------------------------------------------------------------------------ Germany........................... Ramstein Air Base... $48,209,000 Guam.............................. Andersen Air Force $15,800,000 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 amount 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 installations or locations, in the number of units, and in the amounts set forth in the following table: Air Force: Family Housing ------------------------------------------------------------------------ Installation or State or Country Location Units Amount ------------------------------------------------------------------------ Germany...................... Ramstein Air 117..... $56,275,000 Base. ------------------------------------------------------------------------ (b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $12,210,000. SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $294,262,000. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,120,191,000, as follows: (1) For military construction projects inside the United States authorized by section 2301(a), $770,173,000. (2) For military construction projects outside the United States authorized by section 2301(b), $146,409,000. (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, $62,087,000. (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. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECT. (a) Further Modification of Inside the United States Project.--The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3494), as amended by section 2305(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2456), is further amended 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 (division B of Public Law 109-163; 119 Stat. 3496), as amended by section 2305(b) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2456), is further amended is amended by striking ``$23,300,000'' and inserting ``$48,300,000''. TITLE XXIV--DEFENSE AGENCIES Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Energy conservation projects. Sec. 2403. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. Sec. 2404. Authorization of appropriations, Defense Agencies. [[Page H5232]] 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 2404(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following tables: Defense Education Activity ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ North Carolina.................... Marine Corps Base, $2,014,000 Camp Lejeune. ------------------------------------------------------------------------ Defense Intelligence Agency ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ District of Columbia.............. Bolling Air Force $1,012,000 Base. ------------------------------------------------------------------------ Defense Logistics Agency ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ California........................ Port Loma Annex..... $140,000,000 Florida........................... Naval Air Station, $1,874,000 Key West. Hawaii............................ Hickam Air Force $26,000,000 Base. New Mexico........................ Kirtland Air Force $1,800,000 Base. Ohio.............................. Defense Supply $4,000,000 Center Columbus. Pennsylvania...................... Defense Distribution $21,000,000 Depot, New Cumberland. Virginia.......................... Fort Belvoir........ $5,000,000 ------------------------------------------------------------------------ National Security Agency ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ Maryland.......................... Fort Meade.......... $11,901,000 ------------------------------------------------------------------------ Special Operations Command ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ California........................ Marine Corps Base, $20,030,000 Camp Pendleton. Naval Amphibious $12,000,000 Base, Coronodo. Florida........................... Hurlburt Field...... $29,111,000 MacDill Air Force $47,700,000 Base. Georgia........................... Fort Benning........ $35,000,000 Hunter Army Air $13,800,000 Field. Kentucky.......................... Fort Campbell....... $53,500,000 New Mexico........................ Cannon Air Force $7,500,000 Base. North Carolina.................... Fort Bragg.......... $47,250,000 Marine Corps Base, $28,210,000 Camp Lejeune. Virginia.......................... Dam Neck............ $113,800,000 Naval Amphibious $99,000,000 Base, Little Creek. Washington........................ Fort Lewis.......... $77,000,000 ------------------------------------------------------------------------ TRICARE Management Activity ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ Florida........................... MacDill Air Force $5,000,000 Base. Illinois.......................... Naval Hospital, $99,000,000 Great Lakes. New York.......................... Fort Drum........... $41,000,000 Texas............................. Camp Bullis......... $7,400,000 Virginia.......................... Naval Station, $6,450,000 Norfolk. Washington........................ Fort Lewis.......... $21,000,000 ------------------------------------------------------------------------ Washington Headquarters Services ------------------------------------------------------------------------ Installation or State Location Amount ------------------------------------------------------------------------ Virginia.......................... Pentagon Reservation $18,531,000 ------------------------------------------------------------------------ (b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2404(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 AB......... $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 2404(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 2404(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. 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 2404(a)(9), 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 $8,174,315,000. SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. (a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $10,436,164,000, as follows: (1) For military construction projects inside the United States authorized by section 2401(a), $996,883,000. (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, $147,328,000. (7) For energy conservation projects authorized by section 2402 of this Act, $70,000,000. (8) For base closure and realignment activities 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, $230,689,000. (9) For base closure and realignment activities authorized by section 2403 of this Act and funded through the Department of Defense Base Closure Account 2005 established by section 2906A of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $8,174,315,000. (10) 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. (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 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 Public Law 109-234 (120 Stat. 485), $100,000,000. (14) 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 Public Law 109-234 (120 Stat. 485), $136,318,000. (15) 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), $51,017,000. (16) 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 [[Page H5233]] 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. (b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the sum of the following: (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a). (2) $84,300,000 (the balance of the amount authorized for the Defense Logistics Agency under section 2401(a) for the replacement of fuel storage facilities, Point Loma Annex, California). TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $201,400,000. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. 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 reserve components, 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, $425,891,000; and (B) for the Army Reserve, $133,084,000. (2) For the Department of the Navy, for the Navy Reserve and Marine Corps Reserve, $59,950,000. (3) For the Department of the Air Force-- (A) for the Air National Guard of the United States, $111,717,000; and (B) for the Air Force Reserve, $27,559,000. TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS Sec. 2701. Expiration of authorizations and amounts required to be specified by law. Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. Sec. 2704. Effective date. SEC. 2701. 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 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. SEC. 2702. 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 tables in subsection (b), as provided in section 2101, 2302, 2401, or 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: Extension of 2005 Project Authorization ------------------------------------------------------------------------ Installation or Location Project Amount ------------------------------------------------------------------------ Schofield Barracks, Hawaii........ Training facility... $35,542,000 ------------------------------------------------------------------------ Air Force: Extension of 2005 Project Authorizations ------------------------------------------------------------------------ Installation or Location Project Amount ------------------------------------------------------------------------ Davis-Monthan Air Force Base, Family housing (250 $48,500,000 Arizona. units). Vandenberg Air Force Base, Family housing (120 $30,906,000 California. units). MacDill Air Force Base, Florida... Family housing (61 $21,723,000 units). ................................ Housing maintenance $1,250,000 facility. Whiteman Air Force Base, Missouri. Family housing (160 $37,087,000 units). Seymour Johnson Air Force Base, Family housing (167 $32,693,000 North Carolina. units). Goodfellow Air Force Base, Texas.. Family housing (127 $20,604,000 units). ------------------------------------------------------------------------ Defense Wide: Extension of 2005 Project Authorizations ------------------------------------------------------------------------ Installation or Location Agency and Project Amount ------------------------------------------------------------------------ Naval Air Station, Oceana, DLA bulk fuel $3,589,000 Virginia. storage tank. Naval Air Station, Jacksonville, TMA hospital project $28,438,000 Florida. ------------------------------------------------------------------------ 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), Texas.. Storage facility.... $9,038,000 ------------------------------------------------------------------------ SEC. 2703. 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 tables in subsection (b), as provided in section 2302 or 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) Tables.--The table referred to in subsection (a) is as follows: Air Force: Extension of 2004 Project Authorizations ------------------------------------------------------------------------ Installation or Location Project Amount ------------------------------------------------------------------------ Travis Air Force Base, California. Family housing (56 $12,723,000 units). Eglin Air Force Base, Florida..... Family housing (279 $32,166,000 units). ------------------------------------------------------------------------ Army National Guard: Extension of 2004 Project Authorizations ------------------------------------------------------------------------ Installation or Location Project Amount ------------------------------------------------------------------------ Albuquerque, New Mexico........... Readiness center.... $2,533,000 Fort Indiantown Gap, Pennsylvania. Multi-purpose $15,338,000 training range. ------------------------------------------------------------------------ SEC. 2704. EFFECTIVE DATE. Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act shall take effect on the later of-- (1) October 1, 2007; or (2) the date of the enactment of this Act. [[Page H5234]] TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A--Military Construction Program and Military Family Housing Changes Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. Sec. 2802. Increased threshold for congressional notification of leases for military family housing facilities in foreign countries. Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities. Sec. 2804. Expansion of authority to exchange reserve component facilities. Sec. 2805. Extension of authority to accept cash equalization payments for reserve component facility exchanges. Sec. 2806. Authority to use operation and maintenance funds for construction projects outside the United States. Subtitle B--Real Property and Facilities Administration Sec. 2811. Continued consolidation of real property provisions without substantive change. Sec. 2812. Cooperative agreement authority for management of cultural resources on certain sites outside military installations. Sec. 2813. Agreements to limit encroachments and other constraints on military training, testing, and operations. Sec. 2814. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations. Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard Base. Subtitle C--Base Closure and Realignment Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds. Subtitle D--Land Conveyances Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon Maneuver Site, Colorado. Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. Sec. 2834. Additional conditions on lease of property for headquarters facility for United States Southern Command, Florida. Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. Sec. 2836. Land Exchange, Fort Hood, Texas. Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, Virginia. Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. Subtitle E--Energy Security Sec. 2851. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts. Sec. 2852. Report on opportunities for leveraging funds of the Department of Defense and States to prevent disruption in event of electric grid or pipeline failures. Subtitle F--Other Matters Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of the Air Force. Sec. 2863. Establishment of national military working dog teams monument on suitable military installation. Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the Honorable Joel Hefley, a former member of the United States House of Representatives. Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives. Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives. Sec. 2867. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former member of the United States House of Representatives. Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. Subtitle A--Military Construction Program and Military Family Housing Changes SEC. 2801. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS. (a) Laboratory Revitalization.--Section 2805 of title 10, United States Code, is amended-- (1) by redesignation subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d) Laboratory Revitalization.--(1) For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend-- ``(A) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $2,000,000; or ``(B) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law, amounts necessary to carry out an unspecified minor military construction project costing not more than $5,000,000. ``(2) For an unspecified minor military construction project conducted pursuant to this subsection, $2,000,000 shall be deemed to be the amount specified in subsection (b)(1) regarding when advance approval of the project by the Secretary concerned and congressional notification is required. The Secretary of Defense shall establish procedures for the review and approval of requests from the Secretary of a military department to carry out a construction project under this subsection. ``(3) For purposes of this subsection, the total amount allowed to be applied in any one fiscal year to projects at any one laboratory shall be limited to the larger of the amounts applicable under paragraph (1). ``(4) Not later than February 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority provided by this subsection. The report shall include a list and description of the construction projects carried out under this subsection, including the location and cost of each project. ``(5) In this subsection, the term `laboratory' includes-- ``(A) a research, engineering, and development center; and ``(B) a test and evaluation activity. ``(6) The authority to carry out a project under this subsection expires on September 30, 2012.''. (b) Stylistic Amendments.--Such section is further amended-- (1) in subsection (a), by inserting ``Authority to Carry Out Unspecified Minor Military Construction Projects.--'' after ``(a)''; (2) in subsection (b), by inserting ``Approval and Congressional Notification.--'' after ``(b)''; (3) in subsection (c), by inserting ``Use of Operation and Maintenance Funds.--'' after ``(c)''; and (4) in subsection (e), as redesignated by subsection (a)(1), by inserting ``Prohibition on Use for New Housing Units.--'' after ``(e)''. SEC. 2802. INCREASED THRESHOLD FOR CONGRESSIONAL NOTIFICATION OF LEASES FOR MILITARY FAMILY HOUSING FACILITIES IN FOREIGN COUNTRIES. Section 2828(f) of title 10, United States Code, is amended by striking ``$500,000'' and inserting ``$1,000,000''. SEC. 2803. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING FOR PRIVATIZATION OF TEMPORARY LODGING FACILITIES. (a) Privatization Limited to Pilot Program.--Section 2878 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e) Limitation on Privatization of Temporary Lodging Facilities.--Notwithstanding any other provision of this subchapter, the privatization of temporary lodging facilities under this subchapter shall be limited to a pilot program to be conducted by the Secretary of the Army at the following military installations: ``(1) Redstone Arsenal, Alabama. ``(2) Fort Rucker, Alabama. ``(3) Yuma Proving Ground, Arizona. ``(4) Fort McNair, District of Columbia. ``(5) Fort Shafter, Hawaii. ``(6) Tripler Army Medical Center, Hawaii. ``(7) Fort Leavenworth, Kansas. ``(8) Fort Riley, Kansas. ``(9) Fort Polk, Louisiana. ``(10) Fort Sill, Oklahoma. ``(11) Fort Hood, Texas. ``(12) Fort Sam Houston, Texas. ``(13) Fort Myer, Virginia.''. (b) Reporting Requirements.-- (1) Report by secretary of the army.--Not later than June 1, 2009, the Secretary of the Army shall submit to the congressional defense committees and the Comptroller General a report that-- (A) describes the implementation of the pilot program authorized by subsection (e) of section 2878 of title 10, United States Code, as added by this section, at the military installations specified in such subsection; (B) evaluates the efficiency of the program; and (C) contains such recommendations as the Secretary considers appropriate regarding expansion of the program. (2) Report by comptroller general.--Not later than February 1, 2010, the Comptroller General shall submit to the congressional defense committees a review of the pilot program and of the report of the Secretary. SEC. 2804. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE COMPONENT FACILITIES. Section 18240(a) of title 10, United States Code is amended by striking ``with a State'' in the [[Page H5235]] first sentence and inserting ``with an Executive agency (as defined in section 105 of title 5), the United States Postal Service, a State''. SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT CASH EQUALIZATION PAYMENTS FOR RESERVE COMPONENT 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. 2126) is amended by striking ``September 30, 2007'' and inserting ``September 30, 2010''. SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES. (a) One-Year Extension of Authority.--Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1723), as amended by section 2810 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2128), section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), and section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109-364; 120 Stat. 2466), is further amended by striking ``2007'' and inserting ``2008''. (b) Repeal of Quarterly Reports; Advance Notice of Certain Projects.--Such section is further amended-- (1) in subsection (b), by striking ``Within seven days after'' and inserting ``Except with respect to a construction project described in subsection (d), within seven days after''; (2) by striking subsection (d) and inserting the following new subsection: ``(d) Advance Notice of Certain Construction Projects.-- When a decision is made to use appropriated funds available for operation and maintenance to carry out a construction project outside the United States that has an estimated cost in excess of the amounts authorized for unspecified minor military construction projects under section 2805(c) of title 10, United States Code, the Secretary of Defense shall notify the congressional committees specified in subsection (f) of that decision, including the information required by subsection (b). The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by the committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of title 10, United States Code. If notice is provided under this subsection with respect to a project, notice is not required under subsection (b) with respect to the same project.''; and (3) by striking subsection (g) and inserting the following new subsection: ``(g) Effect of Failure to Submit Project Notifications.-- If the notices regarding the obligation of the funds for a construction project required by subsection (b) or (d) is not submitted to the congressional committees specified in subsection (f) by the required date, appropriated funds available for operation and maintenance may not be obligated or expended after that date under the authority of this section to carry out construction projects outside the United States until the date on which the notice is finally submitted.''. Subtitle B--Real Property and Facilities Administration SEC. 2811. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT SUBSTANTIVE CHANGE. (a) Consolidation.--Section 2663 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Land Acquisition Options in Advance of Military Construction Projects.--(1) The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the military department under the jurisdiction of the Secretary. ``(2) As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the military department under the jurisdiction of the Secretary for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.''. (b) Repeal of Superseded Provision.-- (1) Repeal.--Section 2677 of such title is repealed. (2) Clerical amendment.--The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2677. SEC. 2812. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL RESOURCES ON CERTAIN SITES OUTSIDE MILITARY INSTALLATIONS. (a) Expanded Authority.--Section 2684 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``on a military installation'' and inserting ``located on a site authorized by subsection (b)''; (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (3) by inserting after subsection (a) the following new subsection (b): ``(b) Authorized Cultural Resources Sites.--To be covered by a cooperative agreement under subsection (a), cultural resources must be located-- ``(1) on a military installation; or ``(2) on a site outside of a military installation, but only if the cooperative agreement will directly relieve or eliminate current or anticipated restrictions that would or might restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on a military installation.''. (b) Cultural Resource Defined.--Subsection (d) of such section, as redesignated by subsection (a)(2), is amended by adding at the end the following new paragraph: ``(5) An Indian sacred site, as defined in section 1(b)(iii) of Executive Order 13007.''. SEC. 2813. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS. (a) Management of Natural Resources of Acquired Property.-- Subsection (d) of section 2684a of title 10, United States Code, is amended-- (1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) An agreement with an eligible entity under this section may provide for the management of natural resources on real property in which the Secretary concerned acquires any right, title, or interest in accordance with this subsection and for the payment by the United States of all or a portion of the costs of such natural resource management if the Secretary concerned determines that there is a demonstrated need to preserve or restore habitat for the purpose described in subsection (a)(2).''. (b) Limitation on Portion of Acquisition Costs Borne by United States.--Paragraph (4)(C) of such subsection, as redesignated by subsection (a)(1), is amended by striking ``equal to the fair market value'' and all that follows through the period at the end and inserting ``equal to, at the discretion of the Secretary concerned-- ``(i) the fair market value of any property or interest in property to be transferred to the United States upon the request of the Secretary concerned under paragraph (5); or ``(ii) the cumulative fair market value of all properties or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a).''. SEC. 2814. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR MILITARY INSTALLATIONS. (a) Expansion of Pilot Program.--Section 325 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 2461 note) is amended-- (1) in the section heading, by striking ``ARMY'' and inserting ``MILITARY''; (2) in subsection (a)-- (A) by striking ``Secretary of the Army'' and inserting ``Secretary of a military department''; and (B) by striking ``an Army installation'' and inserting ``a military installation under the jurisdiction of the Secretary''; and (3) in subsection (d), by striking ``The Secretary'' and inserting ``The Secretary of a military department''. (b) Participating Installations.--Subsection (c) of such section is amended by striking ``two Army installations'' and inserting ``three military installations of each branch of the Armed Forces''. (c) Extension of Duration of Program.--Such section is further amended by striking subsections (e) and (f) and inserting the following new subsection: ``(e) Termination of Pilot Program.--The pilot program shall terminate on September 30, 2012. Any contract entered into under the pilot program shall terminate not later than that date.''. SEC. 2815. RETENTION OF PROCEEDS FROM ENHANCED USE LEASES AT SELFRIDGE AIR NATIONAL GUARD BASE. Notwithstanding section 2667(e) of title 10, United States Code, or any other provision of law to the contrary, the proceeds derived from the execution of an enhanced use lease at Selfridge Air National Guard Base shall not be disbursed outside of that military installation. SEC. 2816. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE AIR NATIONAL GUARD BASE. The Secretary of Defense shall prohibit the use of Selfridge Air National Guard Base by commercial service aircraft. Subtitle C--Base Closure and Realignment SEC. 2821. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 TO DEPARTMENT OF DEFENSE HOUSING FUNDS. (a) Transfer Authority.--Subsection (c) of section 2883 of title 10, United States Code, is amended-- (1) in paragraph (1), by adding at the end the following new subparagraph: ``(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in the Department of Defense Base Closure Account 2005.''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in the Department of Defense Base Closure Account 2005.''. (b) Notification.--Subsection (f) of such section is amended by striking ``paragraph (1)(B) or (2)(B)'' and inserting ``subparagraph (B) or (G) of paragraph (1) or subparagraph (B) or (G) of paragraph (2)''. Subtitle D--Land Conveyances SEC. 2831. CONDITIONS ON ACQUISITION OF LAND FOR EXPANSION OF PINON CANYON MANEUVER SITE, COLORADO. (a) Imposition of Conditions.--After completion of the review required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et [[Page H5236]] seq.), if the Secretary of the Army decides to acquire real property or an interest in real property located near the Pinon Canyon Maneuver Site in the State of Colorado (in this section referred to as the ``Site'') for the purpose of expanding the Site, the acquisition of such real property shall be subject to the requirements of this section. (b) Limitation on Expansion Methods.--The Secretary of the Army shall not tender an offer for the acquisition of, or employ condemnation, eminent domain, or seizure of, real property, or interest in real property, for the purpose of expanding the Site until the Secretary has complied with the following: (1) NEPA review.--The Secretary of the Army shall complete the requisite reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Use of negotiation.--The Secretary of the Army shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et. seq.) by making every reasonable effort to acquire by negotiation the real property, or interest in real property, such as a lease or easement. (3) Arbitration.--Notwithstanding, and in lieu of, any other provision of law regarding arbitration or alternate dispute resolution, the Secretary of the Army shall notify the property owner or owners of their right to seek third party arbitration, as identified in this paragraph, and of the desire of the Secretary to conclude a negotiated agreement as to the value of the real property or interest in real property sought for acquisition by the Secretary. If the property owner or owners and the Army do not reach an agreement within 90 days after the Army has provided such notice, on the request of the property owner or owners to the Secretary, the matter shall be referred to third party arbitration for resolution within a period of 90 days from the date of referral. The decision of the arbitrator will be binding. (c) Conditions on Arbitration.-- (1) Conditions.--Arbitration under subsection (b)(3) shall be subject to the following conditions: (A) The cost of such arbitration shall be the responsibility of the Secretary of the Army. (B) The Secretary of the Army shall identify at least three neutral third parties with experience in conducting arbitrations as to real property values and shall make this information available to the property owner or owners. (C) The issue of property value shall be referred to an arbitrator selected by the property owner or owners from the neutral third parties identified by the Secretary of the Army pursuant to subparagraph (B). (D) The Army shall reimburse the property owner or owners for reasonable costs incurred in pursuing the arbitration as established by the arbitrator. (2) Arbitrator powers and immunities.--An arbitrator selected under paragraph (1)(C) to whom an action is referred under this section shall have the power within the acquisition process to conduct arbitration hearings, to administer oaths and affirmations, and to make decisions as to the value of the real property or interest in real property subject to arbitration. An individual serving as arbitrators pursuant to this section is entitled to the immunities and protections provided by law. (d) Community Planning Assistance.--A community adversely impacted by the acquisition by the Secretary of the Army of real property for the purpose of expanding the Site shall be deemed to be eligible for adjustment assistance under section 2391(b) of title 10, United States Code. The Secretary shall consult with the Governor of Colorado regarding other steps that may be taken to address impacts on local governments and affected communities. (e) Consultation Regarding Resulting Status of Acquired Land.--The Secretary of the Army shall consult with the Secretary of Interior regarding the status of any real property acquired for the purpose of expanding the Site for purposes of payments to local governments under section 6901 of title 31, United States Code. (f) Access.-- (1) Access to cultural and historic sites.--The Secretary of the Army shall ensure reasonable access to cultural and historic sites within the Site. (2) Grazing.--Where appropriate and under reasonable conditions, the Secretary of the Army shall allow the grazing of livestock within the Site. (g) Forest Service Lands.--If the Secretary of the Army seeks to use real property for military purposes in the area of interest, which as of the date of the enactment of this Act were managed by the Secretary of Agriculture, the Secretary of the Army shall-- (1) secure a special use permit, including terms and conditions for such use that are agreed to by the Secretary of the Army and the Secretary of Agriculture; or (2) upon agreement with the Secretary of Agriculture, enter into an interchange of lands under the authority of section 1 of the Act of July 26, 1956 (16 U.S.C. 505a). (h) State Lands.--The Secretary of the Army shall seek to reach agreement with the Governor of Colorado on terms, conditions, and reasonable compensation under which lands in the area of interest owned by the State of Colorado can be used for military purposes. SEC. 2832. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA. (a) Grant Required.--The Secretary of the Air Force shall use the authority provided by section 2668 of title 10, United States Code, to grant to the Mid Bay Bridge Authority an easement for a roadway right-of-way over such land at Eglin Air Force Base, Florida, as the Secretary determines necessary to facilitate the construction of a road connecting the northern landfall of the Mid Bay Bridge to Florida State Highway 85. (b) Consideration.--As consideration for the grant of the easement under subsection (a), the Mid Bay Bridge Authority shall pay to the Secretary an amount equal to the fair- market-value of the easement, as determined by the Secretary. (c) Costs of Project.--As a condition of the grant of the easement under subsection (a), the Mid Bay Bridge Authority shall be responsible for all costs associated with the highway project described in such subsection, including all costs the Secretary determines to be necessary to address any impacts that the project may have on the defense missions at Eglin Air Force Base. SEC. 2833. 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, 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 and their dependents 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) 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. (e) Additional Term 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. 2834. ADDITIONAL CONDITIONS ON LEASE OF PROPERTY FOR HEADQUARTERS FACILITY FOR UNITED STATES SOUTHERN COMMAND, FLORIDA. (a) Use of Property Authorized.--Subject to subsection (b), the Secretary of the Army may utilize the property of the State of Florida described in sublease number 4489-01, which was entered into between the State of Florida and the United States, for the purpose of construction of a consolidated headquarters facility for the United States Southern Command. (b) Negotiation for Additional Authorized Uses of Property.--Given the substantial investment to be made by the United States to construct a headquarters facility for the United States Southern Command on the property referred to in subsection (a), the Secretary shall enter into negotiations to secure, before the award of a contract for the construction of the facility, additional flexibility for the United States to use the property for general administrative purposes for any Federal agency, including in the event the property is no longer used for the United States Southern Command. (c) Acquisition of Additional Property.--The Secretary may obtain the use of additional State lands adjacent to the property referred to in subsection (a), if available by the terms of the lease referred to in such subsection and needed to complete the construction of the headquarters facility for the United States Southern Command. Subsection (b) shall apply with respect to any additional property secured under this subsection. SEC. 2835. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, GROSSE ISLE, MICHIGAN. (a) Transfer.--Administrative jurisdiction over the property described in subsection (b) is hereby transferred from the Administrator of the Environmental Protection Agency to the Secretary of the Interior. (b) Property Described.--The property referred to in subsection (a) is the former Nike missile site located at the southern end of Grosse Ile, Michigan, as depicted on the map entitled ``07-CE'' on file with the Environmental Protection Agency and dated May 16, 1984. (c) Administration of Property.--Subject to subsection (d), the Secretary of the Interior shall administer the property described in subsection (b)-- (1) acting through the United States Fish and Wildlife Service; (2) as part of the Detroit River International Wildlife Refuge; and [[Page H5237]] (3) for use as a habitat for fish and wildlife and as a recreational property for outdoor education and environmental appreciation. (d) Management of Remediation by Army Corps of Engineers.-- The Secretary of Defense, acting through the district office of the Army Corps of Engineers in Louisville, Kentucky, shall manage and carry out environmental remediation activities with respect to the property described in subsection (b) that, at a minimum, achieve the standard that the United States Fish and Wildlife Service determines sufficient to allow the property to be used as provided in subsection (c)(3). Such remediation activities, with the exception of long-term monitoring, shall be completed to achieve that standard not later than two years after the date of enactment of this Act. The Secretary of Defense may use amounts made available from the account established by section 2703(a)(5) of title 10, United States Code, to carry out such remediation. (e) Savings Provision.--Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). SEC. 2836. LAND EXCHANGE, FORT HOOD, TEXAS. (a) Exchange Authorized.--The Secretary of the Army may convey to the City of Copperas Cove, Texas (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 200 acres at Fort Hood, Texas, for the purpose of permitting the City to improve arterial transportation routes in the community. (b) Consideration.--As consideration for the conveyance under subsection (a), the City shall convey to the Secretary all right, title, and interest of the City in and to one or more parcels of real property that are acceptable to the Secretary. The fair market value of the real property acquired by the Secretary under this subsection shall be equal to the fair market value of the real property conveyed under subsection (a), as determined by appraisals acceptable to the Secretary. (c) Description of Property.--The exact acreage and legal description of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary. (d) Payment of Costs of Conveyances.-- (1) Payment required.--The Secretary shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyances under this section, including survey costs, related to the conveyances. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyances, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received.--Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyances under this section shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyances. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Additional Term and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. SEC. 2837. EXCHANGE OF JURISDICTION OVER REAL PROPERTY INVOLVING FORT BELVOIR, VIRGINIA. (a) Exchange.--Not later than September 30, 2008, the Administrator of General Services and the Secretary of the Army shall enter into an agreement providing for a property exchange under which-- (1) the Administrator transfers to the jurisdiction, custody, and control of the Secretary-- (A) the parcel of real property described in subsection (b), including any improvements thereon; or (B) subject to a boundary determination by the Administrator and concurrence by the Secretary, a portion of the parcel of real property described in subsection (b), including any improvements on that portion; and (2) the Secretary transfers to the jurisdiction, custody, and control of the Administrator a parcel of real property described in subsection (c). (b) GSA Property Description.--The property and improvements referred to in subsection (a)(1) is the approximately 72.23 acre site at 6999 Loisdale Road in Springfield, Virginia, known as the GSA Franconia Warehouse, identified in the land records of Fairfax County, Virginia, as Parcel ID # 0902-01-0057, Lee District tax district 4000. (c) Army Property Description.-- (1) In general.--The property referred to in subsection (a)(2) is a parcel of real property acceptable to the Administrator located at either-- (A) Fort Belvoir, Virginia; or (B) another installation under the jurisdiction of the Department of Army in the National Capital Region. (2) Improvements.--The parcel of real property selected for transfer may include improvements on the property made by the Army before the date of the enactment of this Act. (d) Negotiation.-- (1) Terms and conditions.--As a condition of the exchange of property under subsection (a), the agreement under such subsection shall provide that the fair market value of the properties to be exchanged shall be equal or equalized through the use of a cash equalization payment. (2) Determination of fair market value.--For purposes of paragraph (1), the fair market value of the property shall be determined-- (A) based on the highest and best use of the property, as determined by an independent appraisal jointly commissioned by the Administrator and the Secretary of the Army; and (B) using the definition of fair market value contained in the Uniform Appraisal Standards for Federal Land Acquisitions. (e) No Effect on Compliance With Environmental Laws.-- Nothing in this section may be construed to affect or limit the application of, or obligation to comply with, any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (f) Use of Property.--After completion of the exchange of property under subsection (a), the Secretary may relocate personnel to facilities to be constructed or leased (or a combination of both) on the property who otherwise would be located or relocated to Fort Belvoir. (g) Relocation of Personnel, Equipment, and Supplies.-- (1) In general.--Subject to paragraph (2), the Administrator may procure and provide space for the relocation of personnel, equipment, and supplies of the General Services Administration and its tenants on property transferred under subsection (a)(1). (2) Notice to committees.--Before undertaking an activity under paragraph (1) that otherwise would require approval of a prospectus under section 3307 of title 40, United States Code, the Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the congressional defense committees a written notice containing a description of the activity to be undertaken. (3) Relocation costs.--As a condition of the transfer of property under subsection (a), the Secretary shall agree-- (A) to advance funds to the Administrator to cover the costs projected to be incurred by the Administrator, based on an estimate of such costs prepared by the Administrator, for relocating personnel, equipment, and supplies of the General Services Administration and its tenants from the property; and (B) if the initial advance of funds is insufficient, to advance additional funds to the Administrator in accordance with a revised or supplemental estimate prepared by the Administrator. (4) Excess funds.--The Administrator shall return to the Secretary any funds received under paragraph (3) that are not used for the purposes described in such paragraph. (h) Additional Terms and Conditions.--The Administrator and the Secretary of the Army may require such additional terms and conditions in connection with the exchange under subsection (a) as the Administrator, in consultation with the Secretary, determines appropriate to protect the interests of the United States and further the purposes of this section. SEC. 2838. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA. Section 2851(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2219) is amended by striking ``, notwithstanding any provision of State law to the contrary,'', as added by section 2867 of Public Law 107-107 (115 Stat. 1334). Subtitle E--Energy Security SEC. 2851. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT REGARDING CANCELLATION CEILING FOR DEPARTMENT OF DEFENSE ENERGY SAVINGS PERFORMANCE CONTRACTS. Section 2913 of title 10, United States Code, is amended by striking subsection (e). SEC. 2852. REPORT ON OPPORTUNITIES FOR LEVERAGING FUNDS OF THE DEPARTMENT OF DEFENSE AND STATES TO PREVENT DISRUPTION IN EVENT OF ELECTRIC GRID OR PIPELINE FAILURES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall submit to the congressional defense committees a report on approaches by which the Department of Defense may contribute funds and other resources of the Department, which when combined with resources from other funding sources, such as State System Benefit Trust Funds, Clean Air Act State Implementation Funds, and State Homeland Security Critical Infrastructure Grants, will accelerate efforts to harden critical functions on and around military and security facilities to prevent disruption in the event of major electric grid or natural gas or petroleum pipeline failures. Subtitle F--Other Matters SEC. 2861. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL ANNEX TO ARLINGTON NATIONAL CEMETERY. Section 2881(h) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 880) is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: ``(1) January 1, 2013; ``(2) the date on which the Navy Annex property is no longer required (as determined by the Secretary of Defense) for use as temporary office space; or ``(3) one year after the date on which the Secretary of the Army notifies the Secretary of Defense that the Navy Annex property is needed [[Page H5238]] for the expansion of Arlington National Cemetery.''. SEC. 2862. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL TO DEPARTMENT OF THE AIR FORCE. (a) Transfer of Jurisdiction.--Notwithstanding section 2881 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 879) and section 2863 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1330; 40 U.S.C. 1003 note), administrative jurisdiction, custody, and control of the parcel of Federal land described in subsection (b)(1) of such section 2863 is hereby transferred to the Secretary of the Air Force. (b) Access and Management of Air Force Memorial.--In addition to authorities available to the Secretary of the Air Force under any other provision of law, the Secretary may enter into a cooperative agreement with the Air Force Memorial Foundation or other appropriate private organizations to provide management, maintenance, and repair of the Air Force Memorial and surrounding site and to facilitate public access to the memorial. SEC. 2863. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG TEAMS MONUMENT ON SUITABLE MILITARY INSTALLATION. (a) Authority to Establish Monument.--The Secretary of Defense may permit the National War Dogs Monument, Inc., to establish and maintain, at a suitable location at Fort Belvoir, Virginia, or another military installation in the United States, a national monument to honor the sacrifice and service of United States Armed Forces working dog teams that have participated in the military operations of the United States. (b) Location and Design of Monument.--The actual location and final design of the monument authorized by subsection (a) shall be subject to the approval of the Secretary. In selecting the military installation and site on such installation to serve as the location for the monument, the Secretary shall seek to maximize access to the resulting monument for both visitors and their dogs. (c) Maintenance.--The maintenance of the monument authorized by subsection (a) by the National War Dogs Monument, Inc., shall be subject to such conditions regarding access to the monument, and such other conditions, as the Secretary considers appropriate to protect the interests of the United States. (d) Limitation on Payment of Expenses.--The United States Government shall not pay any expense for the establishment or maintenance of the monument authorized by subsection (a). SEC. 2864. NAMING HOUSING FACILITY AT FORT CARSON, COLORADO, IN HONOR OF THE HONORABLE JOEL HEFLEY, A FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. (a) Findings.--Congress makes the following findings: (1) Representative Joel Hefley was elected to represent Colorado's 5th Congressional district in 1986 and served in the House of Representatives until the end of the 109th Congress in 2006 with distinction, class, integrity, and honor. (2) Representative Hefley served on the Committee on Armed Services of the House of Representatives for 18 years, including service as Chairman of the Subcommittee on Military Installations and Facilities from 1995 through 2000 and, from 2001 through 2006, as Chairman of the Subcommittee on Readiness. (3) Representative Hefley's colleagues know him to be a fair and effective lawmaker who worked for the national interest while never forgetting his Western roots. (4) Representative Hefley's efforts on the Committee on Armed Services were instrumental to the military value of, and quality of life at, installations in the State of Colorado, including Fort Carson, Cheyenne Mountain, Peterson Air Force Base, Schriever Air Force Base, Buckley Air Force Base, and the United States Air Force Academy. (5) Representative Hefley was a leader in efforts to retain and expand Fort Carson as an essential part of the national defense system during the Defense Base Closure and Realignment process. (6) Representative Hefley consistently advocated for providing members of the Armed Forces and their families with quality, safe, and affordable housing and supportive communities. (7) Representative Hefley spearheaded the Military Housing Privatization Initiative to eliminate inadequate housing on military installations, with the first pilot program located at Fort Carson. (8) Representative Hefley's leadership on the Military Housing Privatization Initiative allowed for the privatization of more than 121,000 units of military family housing, which brought meaningful improvements to living conditions for thousands of members of the Armed Forces and their spouses and children at installations throughout the United States. (9) It is fitting and proper that an appropriate military family housing area or structure at Fort Carson be designated in honor of Representative Hefley. (b) Designation.--Notwithstanding Army Regulation AR 1-33, the Secretary of the Army shall designate one of the military family housing areas or facilities constructed for Fort Carson, Colorado, using the authority provided by subchapter IV of chapter 169 of title 10, United States Code, as the ``Joel Hefley Village''. SEC. 2865. NAMING NAVY AND MARINE CORPS RESERVE CENTER AT ROCK ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE EVANS, A FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. (a) Findings.--Congress makes the following findings: (1) Representative Lane Evans was elected to the House of Representatives in 1982 and served in the House of Representatives until the end of the 109th Congress in 2006 representing the people of Illinois' 17th Congressional district. (2) As a member of the Committee on Armed Services of the House of Representatives, Representative Evans worked to bring common sense priorities to defense spending and strengthen the military's conventional readiness. (3) Representative Evans was a tireless advocate for military veterans, ensuring that veterans receive the medical care they need and advocating for individuals suffering from post-traumatic stress disorder and Gulf War Syndrome. (4) Representative Evans' efforts to improve the transition of individuals from military service to the care of the Department of Veterans Affairs will continue to benefit generations of veterans long into the future. (5) Representative Evans is credited with bringing new services to veterans living in his Congressional district, including outpatient clinics in the Quad Cities and Quincy and the Quad-Cities Vet Center. (6) Representative Evans worked with local leaders to promote the Rock Island Arsenal, and it earned new jobs and missions through his support. (7) In honor of his service in the Marine Corps and to his district and the United States, it is fitting and proper that the Navy and Marine Corps Reserve Center at Rock Island Arsenal be named in honor of Representative Evans. (b) Designation.--The Navy and Marine Corps Reserve Center at Rock Island Arsenal, Illinois, shall be known and designated as the ``Lane Evans Navy and Marine Corps Reserve Center''. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Navy and Marine Corps Reserve Center at Rock Island Arsenal shall be deemed to be a reference to the Lane Evans Navy and Marine Corps Reserve Center. SEC. 2866. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH SITE, ROME, NEW YORK, IN HONOR OF THE HONORABLE SHERWOOD L. BOEHLERT, A FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. The new laboratory building at the Air Force Rome Research Site, Rome, New York, shall be known and designated as the ``Sherwood Boehlert Center of Excellence for Information Science and Technology''. Any reference in a law, map, regulation, document, paper, or other record of the United States to such laboratory facility shall be deemed to be a reference to the Sherwood Boehlert Center of Excellence for Information Science and Technology. SEC. 2867. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF THE HONORABLE MICHAEL G. OXLEY, A FORMER MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. The administration building under construction at the Joint Systems Manufacturing Center in Lima, Ohio, shall be known and designated as the ``Michael G. Oxley Administration and Technology Center''. Any reference in a law, map, regulation, document, paper, or other record of the United States to such building shall be deemed to be a reference to the Michael G. Oxley Administration and Technology Center. SEC. 2868. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, ARMY QUARTERMASTER CENTER AND SCHOOL, FORT LEE, VIRGINIA, IN HONOR OF GENERAL RICHARD H. THOMPSON. Notwithstanding Army Regulation AR 1-33, the Logistics Automation Training Facility of the Army Quartermaster Center and School at Fort Lee, Virginia, shall be known and designated as the ``General Richard H. Thompson Logistics Automation Training Facility'' in honor of General Richard H. Thompson, the only quartermaster to have risen from private to full general. Any reference in a law, map, regulation, document, paper, or other record of the United States to such facility shall be deemed to be a reference to the General Richard H. Thompson Logistics Automation Training Facility. 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. Study on using existing pits for the Reliable Replacement Warhead program. Sec. 3112. National Nuclear Security Administration study on nuclear weapons complex protective forces. Sec. 3113. Report on retirement and dismantlement of nuclear warheads. Sec. 3114. Assessment of security risks posed to nuclear weapons complex. Sec. 3115. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. [[Page H5239]] Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. Subtitle A--National Security Programs Authorizations SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 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 $9,536,833,000, to be allocated as follows: (1) For weapons activities, $6,511,312,000. (2) For defense nuclear nonproliferation activities, $1,817,646,000. (3) For naval reactors, $808,219,000. (4) For the Office of the Administrator for Nuclear Security, $399,656,000. SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 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 $5,363,905,000. SEC. 3103. OTHER DEFENSE ACTIVITIES. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for other defense activities in carrying out programs necessary for national security in the amount of $763,974,000. SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $292,046,000. Subtitle B--Program Authorizations, Restrictions, and Limitations SEC. 3111. STUDY ON USING EXISTING PITS FOR THE RELIABLE REPLACEMENT WARHEAD PROGRAM. (a) Study Required.--The Administrator for Nuclear Security, in consultation with the Nuclear Weapons Council, shall carry out a study analyzing the feasibility of using existing pits to remanufacture warheads for the Reliable Replacement Warhead (RRW) program. (b) Report.-- (1) In general.--Not later than February 1, 2008, the Administrator shall submit to the congressional defense committees a report on the results of the study. The report shall be in unclassified form, but may include a classified annex. (2) Matters included.--The report shall contain the assessment of the Administrator of the results of the study, including-- (A) an assessment of-- (i) whether using existing pits to remanufacture warheads for the RRW program is technically feasible; (ii) whether remanufacturing warheads with existing pits is more desirable than remanufacturing warheads with newly manufactured pits; (iii) the number of existing pits suitable for such remanufacturing; (iv) whether proceeding to remanufacture warheads with existing pits before remanufacturing warheads with newly manufactured pits is desirable; and (v) the extent to which remanufacturing warheads with existing pits, as compared to remanufacturing warheads with newly manufactured pits, would reduce future requirements for new pit production, and how such use of existing pits would affect the schedule and scope for new pit production; and (B) a comparison of the requirements for certifying-- (i) warheads remanufactured with existing pits; (ii) warheads remanufactured with newly manufactured pits; and (iii) warheads maintained by the Stockpile Life Extension Programs. (c) Definitions.--For the purposes of this section, the terms ``remanufacturing'' and ``remanufacture'' mean the replacement of existing warheads with modern components that are designed to increase the reliability, safety, and surety of the warhead, but that do not alter the yield of the warhead or affect military characteristics of the warhead in any way. (d) Funding.--Of the amounts made available pursuant to the authorization of appropriations in section 3101(a)(1), such funds as may be necessary shall be available to carry out this section. SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRATION STUDY ON NUCLEAR WEAPONS COMPLEX PROTECTIVE FORCES. (a) Study Required.--The Administrator for Nuclear Security shall carry out a study on the composition of the workforce providing protective forces at the nuclear weapons complex. (b) Report.--Not later than March 1, 2008, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the results of the study. The report shall include the following: (1) An assessment of whether the incentives inherent in the use of contractors to provide protective forces increase or decrease the risk that such protective forces will be substandard. (2) Assessments of the feasibility, costs, benefits, and implications of having protective forces at the nuclear weapons complex be provided by a workforce comprised-- (A) only of contractor employees; (B) only of Federal employees; (C) of both contractor employees and Federal employees; and (D) in any other manner that the Administrator considers appropriate for assessment under this paragraph. SEC. 3113. REPORT ON RETIREMENT AND DISMANTLEMENT OF NUCLEAR WARHEADS. Not later than February 1, 2008, the Administrator for Nuclear Security, in consultation with the Nuclear Weapons Council, shall submit to the congressional defense committees a report on the retirement and dismantlement of the nuclear warheads that are not part of the enduring stockpile but that have not yet been retired or dismantled. The report shall include the following: (1) The existing plan and schedule for retiring and dismantling those warheads. (2) An assessment of the capacity of the Pantex and Y-12 plants to accommodate an accelerated schedule for retiring and dismantling those warheads. (3) An assessment of the feasibility of implementing such an accelerated schedule. SEC. 3114. ASSESSMENT OF SECURITY RISKS POSED TO NUCLEAR WEAPONS COMPLEX. (a) Assessments Required.--The Administrator for Nuclear Security shall conduct an assessment of-- (1) the physical security risks, and the cyber security risks, posed to the nuclear weapons complex; and (2) the security technologies employed within the nuclear weapons complex. (b) Report Required.--Not later than February 1, 2008, the Administrator shall submit to the congressional defense committees a report on the assessments conducted under subsection (a). The report shall include-- (1) for each site within the nuclear weapons complex, a description of the security technologies employed at the site and, for each such technology, the age and maintenance status of the technology; (2) a description of the methods used by the Department of Energy to establish priorities among investments in physical and cyber security programs and activities; and (3) a multi-year plan for the lifecycle maintenance (and replacement) of the security technologies employed within the nuclear weapons complex. SEC. 3115. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND INTERNATIONAL RADIOLOGICAL THREAT REDUCTION PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a report that sets forth a specific plan for strengthening and expanding the Department of Energy International Radiological Threat Reduction (IRTR) program within the Global Threat Reduction Initiative. The plan shall address concerns raised and recommendations made by the Government Accountability Office in its report of March 13, 2007, titled ``Focusing on the Highest Priority Radiological Sources Could Improve DOE's Efforts to Secure Sources in Foreign Countries'', and shall specifically include actions to-- (1) improve the Department's coordination with the Department of State and the Nuclear Regulatory Commission; (2) improve information-sharing between the Department and the International Atomic Energy Agency; (3) with respect to hospitals and clinics containing radiological sources that receive security upgrades, give highest priority to those determined to be the highest risk; (4) accelerate efforts to remove as many radioisotope thermoelectric generators (RTGs) in the Russian Federation as practicable; (5) develop a long-term sustainability plan for security upgrades that includes, among other things, future resources required to implement such a plan; and (6) develop a long-term operational plan that steadily increases funding for the IRTR program and ensures sufficient funding to identify, recover, and secure all vulnerable high- risk radiological sources worldwide as quickly and effectively as possible. SEC. 3116. DEPARTMENT OF ENERGY REPORT ON PLAN TO STRENGTHEN AND EXPAND MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Secretary of Energy shall submit to Congress a specific plan for strengthening and expanding the Department of Energy Materials Protection, Control, and Accounting (MPC&A) program. The plan shall address concerns raised and recommendations made by the Government Accountability Office in its report of February 2007, titled ``Progress Made in Improving Security at Russian Nuclear Sites, but the Long- Term Sustainability of U.S. Funded Security Upgrades is Uncertain'', and shall specifically include actions to-- (1) strengthen program management and the effectiveness of the Department's efforts to improve security at weapons- usable nuclear material and warhead sites in the Russian Federation and other countries by-- (A) revising the metrics used to measure MPC&A program progress to better reflect the level of security upgrade completion at buildings reported as ``secure''; (B) actively working with Russia and other countries, in coordination with and with the concurrence of the Secretary of State, to develop an access plan for each country; and (C) developing a management information system to track the Department's progress in providing Russia with a sustainable MPC&A system by 2013; and (2) develop a long-term operational plan that steadily increases funding for the MPC&A program, including for National Programs and Sustainability, and ensures sufficient funding to secure all weapons-usable nuclear material and [[Page H5240]] warhead sites as quickly and effectively as possible. SEC. 3117. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION. (a) Modification of Certification Requirement.--Section 3124 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended in subsection (a)-- (1) by striking ``the President may'' and inserting ``the Secretary of Energy may''; and (2) by striking ``if the President'' and inserting ``if the Secretary of Energy, with the concurrence of the Secretary of State,''. (b) Repeal of Funding Limitation.--Section 3124 of that Act is further amended by striking subsection (c). (c) Congressional Notice Requirement.--Section 3124 of that Act is further amended in subsection (d)-- (1) in pararaph (1)-- (A) by striking ``The President may not'' and inserting ``The Secretary of Energy may not''; and (B) by striking ``until the President'' and inserting ``until the Secretary of Energy''; (2) in paragraph (2)-- (A) by striking ``Not later than 10 days after'' and inserting ``Not later than 15 days prior to''; (B) by striking ``the President shall'' and inserting ``the Secretary of Energy shall''; and (C) by striking ``Congress'' and inserting ``the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and Committee on Foreign Relations of the Senate''; and (3) by adding at the end the following: ``(3) In the case of a situation that threatens human life or safety or where a delay would severely undermine the national security of the United States, notification under paragraph (2) shall be made not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity.''. SEC. 3118. INCREASED AUTHORITY FOR OMBUDSMAN UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended-- (1) by amending subsection (c) to read as follows: ``(c) Duties.--The duties of the Office shall be as follows: ``(1) To assist individuals in making claims under this title. ``(2) To provide information on the benefits available under this title and on the requirements and procedures applicable to the provision of such benefits. ``(3) To act as an advocate on behalf of individuals seeking benefits under this title. ``(4) To make recommendations to the Secretary regarding the location of centers (to be known as `resource centers') for the acceptance and development of claims for benefits under this title. ``(5) To carry out such other duties as the Secretary shall specify.''; and (2) by striking subsection (g) (establishing a sunset date) and inserting the following: ``(g) Contract Authority.--The Ombudsman shall have authority to contract for the services of individuals with expertise in relevant disciplines, including health physics, medicine, industrial hygiene, and toxicology, as the Ombudsman may from time to time consider appropriate. ``(h) Funding.--Effective for appropriations made for fiscal year 2008 and each fiscal year thereafter, and notwithstanding section 3684 or any other provision of this title, or section 151 of Division B of the Miscellaneous Appropriations Act, 2001 (as enacted into law by the Consolidated Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-251)), this section shall not be carried out with direct spending under this title. Instead, no funds shall be obligated for the purpose of carrying out this section except funds appropriated specifically for the purpose of carrying out this section in appropriations Acts enacted after the date of the enactment of this subsection. There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each fiscal year thereafter.''. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. SEC. 3201. AUTHORIZATION. There are authorized to be appropriated for fiscal year 2008, $22,499,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). TITLE XXXIII--NATIONAL DEFENSE STOCKPILE Sec. 3301. Authorized uses of National Defense Stockpile funds. Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS. (a) Obligation of Stockpile Funds.--During fiscal year 2008, the National Defense Stockpile Manager may obligate up to $44,825,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive. (b) Additional Obligations.--The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification. (c) Limitations.--The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts. SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE. (a) Fiscal Year 2000 Disposal Authority.--Section 3402(b) of the National Defense Authorization Act for Fiscal Year 2000 (50 U.S.C. 98d note), as amended by section 3302 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1788) and section 3302 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3545), is amended by striking ``$600,000,000 before'' in paragraph (5) and inserting ``$730,000,000 by''. (b) Fiscal Year 1999 Disposal Authority.--Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302 of the Ronald W. Reagan National Defense Authorization Act for Year 2005 (Public Law 108-375; 118 Stat. 2193), section 3302 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3545), and section 3302(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2513), is amended by striking ``$1,016,000,000 by the end of fiscal year 2014'' in paragraph (7) and inserting ``$1,469,102,000 by the end of fiscal year 2015''. TITLE XXXIV--NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. (a) Amount.--There are hereby authorized to be appropriated to the Secretary of Energy $17,301,000 for fiscal year 2008 for the purpose of carrying out activities under chapter 641 of title 10, United States Code, relating to the naval petroleum reserves. (b) Period of Availability.--Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended. TITLE XXXV--MARITIME ADMINISTRATION Sec. 3501. Authorization of appropriations for fiscal year 2008. Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for disposal. SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2008. Funds are hereby authorized to be appropriated for fiscal year 2008, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, $115,276,000, of which-- (A) $13,850,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; and (B) $8,218,000 shall remain available until expended for maintenance and repair of school ships at the State Maritime Academies. (2) For expenses to dispose of obsolete vessels in the National Defense Reserve Fleet, including provision of assistance under section 7 of Public Law 92-402, $20,000,000. SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT VESSELS TO NAVY FOR DISPOSAL. The Secretary of Transportation shall, subject to the availability of appropriations and consistent with section 1535 of title 31, United States Code, popularly known as the Economy Act, transfer to the Secretary of the Navy during fiscal year 2008 for disposal by the Navy, no fewer than 3 combatant vessels in the nonretention fleet of the Maritime Administration that are acceptable to the Secretary of the Navy. The Acting CHAIRMAN. No amendment to the amendment in the nature of a substitute is in order except those printed in House Report 110-151 and amendments en bloc described in section 3 of House Resolution 403. Each amendment printed in the report shall be offered only in the order printed, except as specified in section 4 of the Resolution; may be offered only by a Member designated in the report; shall be considered read; shall be debatable for the time specified in the report, equally divided and controlled by the proponent and an opponent; shall not be subject to amendment; and shall not be subject to a demand for division of the question. It shall be in order at any time for the chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in the report not earlier disposed of. Amendments en bloc shall be considered read; shall be debatable for 20 minutes, equally divided and controlled by the chairman and ranking minority member or their designees; shall not be [[Page H5241]] subject to amendment; and shall not be subject to a demand for division of the question. The original proponent of an amendment included in the amendments en bloc may insert a statement in the Congressional Record immediately before disposition of the amendments en bloc. The Chairman of the Committee of the Whole may recognize for consideration of any amendment out of the order printed, but not sooner than 30 minutes after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect. Such announcement has been made with regard to amendments 33, 29, 49, 8, 14, 21, and 38. Amendment No. 33 Offered by Ms. Schakowsky The Acting CHAIRMAN. It is now in order to consider amendment No. 33 printed in House Report 110-151. Ms. SCHAKOWSKY. Madam Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 33 offered by Ms. Schakowsky: Strike sections 831, 832, and 833, and insert the following: SEC. 831. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING. (a) Memorandum of Understanding Required.--The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan. (b) Restrictions on Contracting Until Memorandum Signed.-- (1) Restriction.--Except as provided in paragraph (2), on and after January 1, 2008, no contracts in Iraq or Afghanistan may be awarded by the Department of Defense, the Department of State, or the United States Agency for International Development (A) unless the memorandum required by subsection (a) has been signed by the Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development, respectively; and (B) the department or agency concerned has initiated use of the common database identified in such memorandum to track contracts in Iraq or Afghanistan. (2) Waiver.-- (A) The President may waive the restriction in paragraph (1) for a period of 45 days if the President determines in writing that, but for such a waiver, there would be substantial harm to critical national security objectives and submits the determination, including the reasons for such determination, to the relevant committees of Congress at least 15 days before issuing the waiver. (B) Such waiver may be renewed for one additional 45-day period if the President submits a determination in writing to the relevant committees of Congress that renewal of the waiver is necessary to avoid substantial harm to critical national security objectives. (c) Matters Covered.--The memorandum of understanding required by subsection (a) shall address, at a minimum, the following: (1) Identification of the major categories of contracts in Iraq or Afghanistan being awarded by the Department of Defense, the Department of State, or the United States Agency for International Development. (2) Identification of the roles and responsibilities of each department or agency for matters relating to contracting for contracts in Iraq or Afghanistan. (3) Responsibility for authorizing the carrying of weapons in performance of such contracts. (4) Responsibility for establishing minimum qualifications, including background checks, for personnel carrying weapons in performance of such contracts. (5) Responsibility for setting rules of engagement for personnel carrying weapons in performance of such contracts. (6) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan. (7) Identification of a common database that will serve as a repository of information on all contracts in Iraq or Afghanistan, and agreement on the elements to be included in the database, including, at a minimum, with respect to each contract-- (A) a brief description of the contract; (B) the value of the contract; (C) the amount of cost ascribed to overhead for the contract; (D) the amount of cost ascribed to security for the contract; (E) the total number of personnel employed on the contract; and (F) the total number of personnel employed on the contract who provide security in Iraq or Afghanistan. (8) Responsibility for maintaining and updating information in the common database identified under paragraph (7). (9) Responsibility for the collection and referral to the appropriate Government agency of any information relating to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) or chapter 212 of title 18, United States Code (commonly referred to as the Military Extraterritorial Jurisdiction Act), including a clarification of responsibilities under section 802(a)(10) of title 10, United States Code (article 2(a) of the Uniform Code of Military Justice), as amended by section 552 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). (10) Responsibility for the issuance of guidance, as appropriate, on equipment used by contractor personnel, including guidance on appropriate vehicles, uniforms, body armor, and weapons. (11) Responsibility for the collection and maintenance of information relating to casualties suffered by personnel working on contracts in Iraq or Afghanistan. (d) Copies Provided to Congress.-- (1) Memorandum of understanding.--Copies of the memorandum of understanding required by subsection (a) shall be provided to the relevant committees of Congress within 30 days after the memorandum is signed. (2) Database.--The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development shall provide access to the common database identified under subsection (c)(7) to the relevant committees of Congress. (3) Contracts.--Effective on the date of the enactment of this Act, copies of any contracts awarded in Iraq or Afghanistan shall be provided to any of the relevant committees of Congress within 15 days after the submission of a request for such contract or contracts from such committee to the department or agency managing the contract. SEC. 832. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN. (a) Reviews and Reports Required.-- (1) In general.--Every six months, the Comptroller General shall review contracts in Iraq or Afghanistan and submit to the relevant committees of Congress a report on such review. (2) Matters covered.--A report under this subsection shall cover the following with respect to the contracts in Iraq or Afghanistan reviewed for the report: (A) Total number of contracts awarded during the period covered by the report. (B) Total number of active contracts. (C) Total value of all contracts awarded during the reporting period. (D) Total value of active contracts. (E) Total number of contractor personnel working on contracts during the reporting period. (F) Total number of contractor personnel who have provided security in Iraq or Afghanistan for contracts during the reporting period. (G) Categories of activities undertaken in reviewed contracts. (H) The extent to which such contracts have used competitive procedures. (I) The extent to which such contracts have achieved the initial scope of requirements included in the contracts. (J) The effect of costs for security on such contracts and whether contracting for security on such contracts rather than government-provided security is more effective, efficient, and consistent with the United States policy goals. (K) Information on any specific contract or class of contracts that the Comptroller General determines raises issues of significant concern. (3) Submission of reports.--The Comptroller General shall submit an initial report under this subsection not later than March 1, 2008, and shall submit an updated report every six months thereafter until March 1, 2010. (b) Access to Database on Contracts.--The Secretary of Defense, the Secretary of State, and the Administrator for the United States Agency for International Development shall provide full access to the database described in section 831(c)(7) to the Comptroller General for purposes of the reviews carried out under this section. SEC. 833. DEFINITIONS. In this subtitle: (1) Matters relating to contracting.--The term ``matters relating to contracting'', with respect to contracts in Iraq and Afghanistan, means all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel. (2) Contracts in iraq or afghanistan.--The term ``contracts in Iraq or Afghanistan'' means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order at any tier issued under such a contract (including a contract, subcontract, or task order issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, or task order involves worked performed in Iraq or Afghanistan for a period longer than 14 days. (3) Relevant committees of congress.--The term ``relevant committees of Congress'' means each of the following committees: (A) The Committees on Armed Services of the Senate and the House of Representatives. [[Page H5242]] (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (D) For purposes of contracts relating to the National Foreign Intelligence Program, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentlewoman from Illinois (Ms. Schakowsky) and a Member opposed each will control 5 minutes. The Chair recognizes the gentlewoman from Illinois. {time} 1745 Madam Chairman, I'd like to yield myself 2 minutes. I'd like to thank Chairman Skelton and the Armed Services Committee staff for working with me to bring forth language to provide oversight for Iraq and Afghanistan contractors. There are now almost as many contractors in Iraq as soldiers. In fact, contractors compose the second largest force in Iraq after the U.S. military. The Washington Post has said that there may are approximately 100,000 government contractors, as many as 25,000 to 40,000 who are armed security contractors that seem to be entirely outside the reach of the law. Many of these private contractors are performing what are traditionally viewed as inherently governmental functions. The Schakowsky-Price amendment gives Congress access to a database created in the base bill that would collect the descriptions of the contracts, value of the contracts, amount of overhead on the contracts, total number of personnel employed on the contracts, and other general information. Currently, Congress can't provide oversight of the contracts for Iraq and Afghanistan because we don't know what's in them. This would give access to members of the relevant committees. To those on the other side of the aisle who may be concerned about a set date for a memorandum of understanding to be signed, we recognize that may need to be readjusted as the bill moves through committee. Congress and the American people need to evaluate the role of contractors. We need to know how many there are, how much they cost, and what they are doing. It's time we shine some light on the rapidly expanding use of contractors in the war zone. As the Iraq war experience makes clear, a more transparent framework for monitoring and regulation of contracts is urgently needed. So I strongly recommend my colleagues to support the amendment. Madam Chairman, I reserve the balance of my time. Mr. HUNTER. Madam Chair, I rise to speak about the amendment. I don't rise in opposition to the amendment, but I would like to take the time and address the issue. The Acting CHAIRMAN. Without objection, the gentleman from California is recognized for 5 minutes. There was no objection. Mr. HUNTER. Madam Chair, we've looked over the amendment. It's really an adjustment of a part of the base bill that we have that allows for this memorandum of understanding between these three primary entities, State, DOD and AID, to make sure that they have an understanding of authorization of the carrying of the weapons by contractors, the rules of engagement, coordinating movement of contractors, collecting information relating to offenses under UCMJ and also, additionally, what the gentlelady has offered in her amendment, the issuance of guidance on all equipment, including uniforms, body armor, weapons and the collection of information related to casualties suffered by contractors. And our only concern, of course, is that we have enough time for this memorandum of understanding to be put together after the bill becomes law, which in some cases is late December, hopefully long before then. And so what we do need is to have the ability of the administration, if they don't have that together. And one thing we all agree on is you've got to do this right when they do it, when they issue this memorandum of understanding. So they need to have time to do it; that we do have a waiver or an extension of time that would be allowed. And so I've talked this over with the gentlelady, who is the author of the amendment. She's amenable to extending the time period for this memorandum of understanding to be worked out, and the chairman has graciously agreed that he also supports that. And so just in a simple informal colloquy, I'd just ask the chairman if it's his agreement that, in conference, we would work to extend the time wherein the memorandum of understanding could be worked out if, in fact, it can't be done within 90 days of the first of January 2008. Would the gentleman agree to effect that in conference? Mr. SKELTON. Yes. If the gentleman would yield. Mr. HUNTER. Absolutely. Mr. SKELTON. I certainly do agree. I think that's a reasonable request, and I think the gentlelady from Illinois also would agree to it. Mr. HUNTER. I would further ask the gentlelady if that's fine with her, if she would be in accord with that. Ms. SCHAKOWSKY. Yes, it is. Mr. HUNTER. Thank you very much. In that case we support this amendment and would not object to its adoption. Madam Chairman, I yield back the balance of my time. Ms. SCHAKOWSKY. Madam Chairman, I yield 1\1/2\ minutes to Mr. Price of North Carolina. Mr. PRICE of North Carolina. Madam Chairman, I thank Ms. Schakowsky for yielding and for her good work on this amendment, the Schakowsky- Price amendment. I also want to thank Chairman Skelton for his significant steps he takes in this bill to address the vast challenges surrounding battlefield contracting. He generously worked with me to include key elements of H.R. 369, my bill regarding security contractors, and I appreciate his leadership. Very quickly, I want to highlight three additional improvements this amendment will make to language in the bill. First, it will require the departments doing the vast majority of contracting, DOD, State, USAID, to track contractor casualties. We believe over 800 contractors have been killed in Iraq and many more injured. But what's the exact toll? We do not know. Our amendment will change that. Secondly, the amendment will require these departments when appropriate to issue guidance on appropriate equipment and uniforms for contractors. And thirdly, it will require the departments to clarify how a provision inserted in last year's defense bill, which places certain contractors under the Uniform Code of Military Justice, will be implemented. These are three simple but important additions that make the bill's current language even stronger, ensuring that the agencies engaged in contracting on the battlefield will develop an effective framework for managing and overseeing contractors. Four years into the war in Iraq, and after all the stories of waste and abuse and criminal misconduct, I think we can agree that this is not too much to ask. I urge my colleagues to support the amendment. Mr. HUNTER. Will the gentlelady yield? Ms. SCHAKOWSKY. Yes, I would yield. Mr. HUNTER. I just wanted to thank the gentlelady for, respectfully, for her addition to this amendment and her concern about the contractors. And you know, just reflect for a second, that our contractors who go over to the warfighting theaters in Iraq and Afghanistan undertake enormous danger, and a large number of them have been killed and wounded. And many of them, the ones that I have met, are largely American veterans who have, they go for two reasons; one is they do make good money. It's a job, it's a worthwhile job. They feel like they're supporting our country. They also have a great, the ones I've talked to, have a great deal of concern for the troops. They have a feeling of partnership with the people that wear the uniform of the United States, and they are a great asset to this country. And I think it's appropriate that we follow, we carefully watch how they're treated and how they're protected. I think that's absolutely appropriate. I thank the chairman for embedding this base provision in the base bill, and [[Page H5243]] members on the Republican and Democrat side who've worked to put this together, and I thank the gentlelady for her thoughtful addition. Ms. SCHAKOWSKY. Madam Chairman, I yield my remaining time to Chairman Ike Skelton. Mr. SKELTON. Madam Chairman, let me take this opportunity to compliment the gentlelady, Ms. Schakowsky, and also Mr. Price, the gentleman from North Carolina, and thank the ranking member, Mr. Hunter, for working this out. It's a step in the right direction. It's also an example of bipartisanship, and we appreciate it. The Acting CHAIRMAN. The question is on the amendment offered by the gentlewoman from Illinois (Ms. Schakowsky). The amendment was agreed to. Amendment No. 29 Offered by Mr. Fossella The Acting CHAIRMAN. It is now in order to consider amendment No. 29 printed in House Report 110-151. Mr. FOSSELLA. Madam Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 29 offered by Mr. Fossella: At the end of title VI, insert the following new section: SEC. 674. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES SERVING IN IRAQ OR AFGHANISTAN. (a) Availability of Postal Benefits.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits are provided to qualified individuals in accordance with this section. (b) Qualified Individual.--In this section, the term ``qualified individual'' means a member of the Armed Forces on active duty (as defined in section 101 of title 10, United States Code) who-- (1) is serving in Iraq or Afghanistan; or (2) is hospitalized at a facility under the jurisdiction of the Department of Defense as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal Benefits Described.-- (1) Vouchers.--The postal benefits provided under the program shall consist of such coupons or other similar evidence of credit, whether in printed, electronic, or other format (in this section referred to as a ``voucher''), as the Secretary of Defense, in consultation with the Postal Service, shall determine, which entitle the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--In this section, the term ``qualified mailing'' means the mailing of a single mail piece which-- (A) is first-class mail (including any sound- or video- recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence or parcel post not exceeding 10 pounds in weight; (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Coordination rule.--Postal benefits under the program are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Number of Vouchers.--A member of the Armed Forces shall be eligible for one voucher for every second month in which the member is a qualified individual. (e) Limitations on Use; Duration.--A voucher may not be used-- (1) for more than a single qualified mailing; or (2) after the earlier of-- (A) the expiration date of the voucher, as designated by the Secretary of Defense; or (B) the end of the one-year period beginning on the date on which the regulations prescribed under subsection (f) take effect. (f) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe such regulations as may be necessary to carry out the program, including-- (1) procedures by which vouchers will be provided or made available in timely manner to qualified individuals; and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d). (g) Transfers to Postal Service.-- (1) Based on estimates.--The Secretary of Defense shall transfer to the Postal Service, out of amounts available to carry out the program and in advance of each calendar quarter during which postal benefits may be used under the program, an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Secretary finds that a determination under this section for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than six months after the end of the one-year period referred to in subsection (e)(2)(B). (3) Consultation required.--All estimates and determinations under this subsection of the amount of postal benefits under the program used in any period shall be made by the Secretary of Defense in consultation with the Postal Service. (h) Funding.-- (1) Authorization of appropriations.--Of the amounts authorized to be appropriated in section 421 for military personnel for fiscal year 2008, $10,000,000 shall be for postal benefits provided in this section. (2) Offsetting reduction.--Funds authorized to be appropriated in section 101(5) for the Army in fiscal year 2008 for other procurement are reduced by $10,000,000, to be derived from Joint High Speed Vessel. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from New York (Mr. Fossella) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from New York. Mr. FOSSELLA. Madam Chairman, I yield myself 3\1/2\ minutes. Madam Chairman, most people don't realize while our troops are in harm's way in Afghanistan and Iraq, that their family members back home, if they want to send them a care package, whatever that care package may consist of, from a young child's homework assignment or a drawing or an artist's rendering, to just something from home to help them in their time of trouble, right now those families must pay for it. And on average, it's not unusual for a family to incur about $1,500 a year in postage to mail those packages. My amendment would authorize free mailing privileges for family members of our servicemen and women serving in Iraq and Afghanistan. I believe the amendment offers tremendous opportunity to increase the morale of our troops overseas which, as we are well aware, is a necessary component to have a confident and fully prepared military. I would like to thank, of course, Chairman Skelton, Ranking Member Hunter, Personnel Subcommittee chairman, Mr. Snyder, and my good friend, John McHugh from New York, for helping to bring this amendment to fruition. I drafted the amendment in response to concerns expressed to me by many family members that it was becoming too costly to send those regular care packages to their loved ones overseas. I heard story after story of families that are already finding it hard to make ends meet now having to spend as much as $1,500 a year to mail care packages. These packages, as I mentioned, bring a touch of home to our servicemembers. Pictures, cards, school projects from kids, and I'm told there's not good pepperoni in Afghanistan yet, so that comes as well. But they also provide the military men and women with basic necessities like additional shampoo or powder or perhaps phone cards. In my district of Staten Island and Brooklyn, residents join together and raise money to help military families send these packages overseas. I was inspired by the outpouring of support for our servicemen and women, particularly in Dyker Heights, Brooklyn, where postal service employees raise money to cover the postage for every package sent to our troops. In Staten Island residents formed the Staten Island Project Home Front, Incorporated, a nonprofit organization dedicated to serving our deployed troops and their families by sending thousands of care packages. This month alone they sent over 230 packages to our soldiers overseas. It was with acts of generosity and patriotism such as these that prompted this amendment. The amendment has also received the support of organizations such as the VFW, American Legion, National Association of Uniformed Services. And to quote the VFW, ``Letters and packages from home do wonders in boosting morale of our men and women serving in harm's way, and high morale transfers to combat ready and effectiveness.'' Comments such as this I wholeheartedly agree with. It goes without saying that our servicemen and women are making enormous sacrifices fighting this war on [[Page H5244]] terrorism and defending freedom and liberty. They face great challenges under trying circumstances, and often without some necessities such as blankets or toothpaste. It falls upon their families back home to get them these supplies and to cover the cost of shipping them overseas. The amendment will make life a little easier for our soldiers and to ease the financial burden on those back home. It's a simple way of bringing a touch of home to America's heroes overseas. In short, what it would do would give each family member a voucher, the equivalent of sending a 10-pound package every 2 months, and would reduce that cost to those families. Madam Chairman, I'd also submit for the Record letters in support from the VFW and the American Legion. Veterans of Foreign Wars of the United States, Washington, DC, May 15, 2007. Hon. Vito Fossella, House of Representatives, Washington, DC. Dear Representative Fossella: On behalf of the 2.4 million members of the Veterans of Foreign Wars of the United States (VFW) and our Auxiliaries, I am pleased to offer our strong support for the ``Supply Our Soldiers Act of 2007'' (H.R. 1439), which provides for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan. As you are aware, letters and packages from home do wonders in boosting the moral of our men and women serving in harms way; and high moral translates to combat readiness and effectiveness. Unfortunately, too many military families are financially strained and cannot absorb the cost of postage to send parcels on a recurring basis. Your initiative goes a long way in eliminating that burden. Thank you for taking the lead and introducing this measure. We look forward to working with you to ensure it is enacted. Sincerely, Michael H. Wysong, Director, National Security and Foreign Affairs. ____ The American Legion, Washington, DC, May 17, 2007. Hon Vito Fosella, House of Representatives, Washington, DC. Dear Representative Fossella: As you and your colleagues consider the Defense Authorization bill for FY 2008. The American Legion wants you to know that we wholeheartedly support your amendment that benefits members of the Armed Services serving in Iraq and Afghanistan by allowing free mailing of packages to these troops. As the nation's largest wartime veterans' organization, The American Legion has long supported initiatives that impact the quality of life for our heroes serving overseas. This amendment would allow service members families to mail a package up to 10 pounds every two months to these war zones, free of charge. This is but one small way in which we can show the troops that we support them and what they do, and perhaps make life in a combat zone more bearable. Again, thank you for taking the initiative in sponsoring this amendment. Sincerely, Steve Robertson, Director, National Legislative Commission. Mr. HUNTER. Would the gentleman yield? Mr. FOSSELLA. I yield 30 seconds to the gentleman from California (Mr. Hunter). Mr. HUNTER. I thank the gentleman for yielding, and on our side we think this is an excellent amendment. And I want to thank the gentleman whom I've traveled with to the warfighting theaters, and thank him for his concern for our troops, and we support the amendment strongly. Mr. FOSSELLA. Madam Chairman, I reserve the balance of my time. Mr. SKELTON. Madam Chairman, I claim time in opposition, though I will not oppose this amendment. The Acting CHAIRMAN. Without objection, the gentleman from Missouri is recognized for 5 minutes. There was no objection. Mr. SKELTON. Madam Chairman, actually I thank the gentleman from New York for bringing this amendment forward. It would provide cost free vouchers to allow mailing of packages to members serving in Iraq and also in Afghanistan, and the committee has no objection and appreciates the thoughtfulness on this issue. Madam Chairman, I yield back. Mr. FOSSELLA. I yield the remaining time to the gentleman from Virginia (Mr. Tom Davis). (Mr. TOM DAVIS of Virginia asked and was given permission to revise and extend his remarks.) Mr. TOM DAVIS of Virginia. Madam Chairman, General Walter Boomer, the commander of the Marines in the first gulf war, once said, a soldier's best friend, next to his rifle, is the postman. This amendment, which is a scaled down version of H.R. 1439, the Supply Our Soldiers Act of 2007, sponsored by the gentleman from New York (Mr. Fossella) and myself, will help our soldiers, our sailors, our airmen and marines fighting in Iraq and Afghanistan receive letters and packages more regularly from their loved ones. We're not able to be with our heroes fighting in Iraq and Afghanistan, but we're able to send a little piece of home overseas to them. Whether it's mailing the basic essentials or a videotape and a letter, tangible items from loved ones are always appreciated. {time} 1800 Holding a son or daughter's art project or biting into a homemade cookie reminds them that they support what they are doing and the sacrifices they are making for our country. The cost of sending letters and packages overseas to Iraq and Afghanistan can be a burden for a family already making great sacrifices. I think that regular communication between soldiers and their families should not be inhibited by the cost of postage, and some things just can't be e-mailed. This amendment will help soldiers receive the necessary supplies and words of encouragement from loved ones more frequently, keeping morale raised while in the combat zone. I urge my colleagues to support this amendment. The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from New York (Mr. Fossella). The amendment was agreed to. Notice to Alter Order of Consideration of Amendment The Acting CHAIRMAN. It is now in order to consider amendment No. 49 printed in House report 110-151. Mr. SKELTON. Madam Chairman, may I make an inquiry? The Acting CHAIRMAN. The gentleman may inquire. Mr. SKELTON. Would it be possible, Madam Chairman, to bring forward the amendment of the gentleman from Pennsylvania at a later moment as opposed to what was announced earlier? The Acting CHAIRMAN. The Chair can reannounce in different order for that amendment. Does the gentleman make an announcement to that effect, sir? Mr. SKELTON. Yes. Amendments En Bloc Offered by Mr. Skelton Mr. SKELTON. Madam Chairman, I offer amendments en bloc. The Acting CHAIRMAN. The Clerk will designate the amendments en bloc. Amendments en bloc consisting of amendments numbered 5, 9, 10, 17, 18, 26, 27, 36, 37, 47, 48 and 50 printed in House Report 110-151 offered by Mr. Skelton: Amendment No. 5 Offered by Mr. Snyder The text of the amendment is as follows: At the end of section 516, relating to the National Guard yellow ribbon reintegration program, add the following new section: (f) Funding Increase and Offsetting Reduction.-- (1) Funding.--The amount otherwise provided by section 421 for the Army National Guard military personnel account is hereby increased by $50,000,000 to provide funds to carry out this section. (2) Offsetting reduction.--The amount otherwise provided by section 1507(4) for research, development, test, and evaluation for the Air Force is hereby reduced by $50,000,000, to be derived from the JSTARS program. Amendment No. 9 Offered by Mr. Turner The text of the amendment is as follows: At the end of subtitle H of title V, add the following new section: SEC. 577. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. (a) Child Custody Protection.--Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: ``SEC. 208. CHILD CUSTODY PROTECTION. ``(a) Restriction on Change of Custody.--If a motion for change of custody of a child of a servicemember is filed while the servicemember is deployed in support of a contingency operation, no court may enter an order modifying or amending any previous judgment or order, or issue a new order, that changes the custody arrangement for that child that existed as of the date of the deployment of the servicemember, except that a court may enter a temporary [[Page H5245]] custody order if there is clear and convincing evidence that it is in the best interest of the child. ``(b) Completion of Deployment.--In any preceding covered under subsection (a), a court shall require that, upon the return of the servicemember from deployment in support of a contingency operation, the custody order that was in effect immediately preceding the date of the deployment of the servicemember is reinstated. ``(c) Exclusion of Military Service From Determination of Child's Best Interest.--If a motion for the change of custody of the child of a servicemember who was deployed in support of a contingency operation is filed after the end of the deployment, no court may consider the absence of the servicemember by reason of that deployment in determining the best interest of the child. ``(d) Contingency Operation Defined.--In this section, the term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code, except that the term may include such other deployments as the Secretary may prescribe.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to title II the following new item: ``208. Child custody protection.''. Amendment No. 10 Offered by Mrs. Drake The text of the amendment is as follows: In section 606, strike subsection (b). Amendment No. 17 Offered by Mr. Holden The text of the amendment is as follows: At the end of subtitle D of title V, add the following new section: SEC. 557. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. (a) Army.-- (1) In general.--Chapter 357 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 3757. Combat Medevac Badge ``(a) The Secretary of the Army shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Army served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge. ``(b) The Secretary of the Army shall prescribe requirements for eligibility for the Combat Medevac Badge.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3757. Combat Medevac Badge''. (b) Navy and Marine Corps.-- (1) In general.--Chapter 567 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 6259. Combat Medevac Badge ``(a) The Secretary of the Navy shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Navy or Marine Corps served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge. ``(b) The Secretary of the Navy shall prescribe requirements for eligibility for the Combat Medevac Badge.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``6259. Combat Medevac Badge''. (c) Air Force.-- (1) In general.--Chapter 857 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8757. Combat Medevac Badge ``(a) The Secretary of the Air Force shall issue a badge of appropriate design, to be known as the Combat Medevac Badge, to each person who while a member of the Air Force served in combat on or after June 25, 1950, as a pilot or crew member of a helicopter medical evacuation ambulance and who meets the requirements for the award of that badge. ``(b) The Secretary of the Air Force shall prescribe requirements for eligibility for the Combat Medevac Badge.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``8757. Combat Medevac Badge''. (d) Award for Service Before Date of Enactment.--In the case of persons who, while a member of the Armed Forces, served in combat as a pilot or crew member of a helicopter medical evacuation ambulance during the period beginning on June 25, 1950, and ending on the date of enactment of this Act, the Secretary of the military department concerned shall issue the Combat Medevac Badge-- (1) to each such person who is known to the Secretary before the date of enactment of this Act; and (2) to each such person with respect to whom an application for the issuance of the badge is made to the Secretary after such date in such manner, and within such time period, as the Secretary may require. Amendment No. 18 Offered by Mr. Lincoln Diaz-Balart of Florida The text of the amendment is as follows: Title V, subtitle C, add at the end (page 223, after line 5) the following: SEC. 5__. NAVY SENIOR RESERVE OFFICERS' TRAINING CORPS PROGRAM AT UNIVERSITY OF MIAMI, CORAL GABLES, FLORIDA. The Secretary of the Navy may establish and maintain a Senior Reserve Officers' Training Corps program under section 2102 of title 10, United States Code, at the University of Miami, Coral Gables, Florida. Amendment No. 26 Offered by Mr. Kennedy The text of the amendment is as follows: At the end of subtitle B of title XIV, add the following new section: SEC. 1439. DEPARTMENT OF DEFENSE STUDY ON THE FEASIBILITY OF MEASURING FAMILY MEMBER SATISFACTION WITH HEALTH CARE SERVICES. The Secretary of Defense shall conduct a study on the feasibility of measuring family member satisfaction with the quality of health care services provided to patients, particularly those patients incapacitated by injuries that render them unable to respond completely to surveys on their own. Amendment No. 27 Offered by Mr. LaHood The text of the amendment is as follows: At the end of title V, add the following new section: SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS. In the case of a member of the Armed Forces with minor dependents who has a spouse who is also a member of the Armed Forces, and the spouse is deployed in an area for which imminent danger pay is authorized under section 310 of title 37, United States Code, the member may request a deferment of a deployment to such an area until the spouse returns from such deployment. Amendment No. 36 Offered by Mr. Thompson of California The text of the amendment is as follows: At the end of title V, add the following new section: SEC. 5__. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES PARTICIPATING IN CRIMINAL STREET GANGS. The Secretary of Defense shall revise section 3.5.8 of Department of Defense Directive 1325.6 to include membership in a criminal street gang among the list of prohibited activities by members of the Armed Forces. Amendment No. 37 Offered by Mrs. Capito The text of the amendment is as follows: At the end of title X, insert the following new section: SEC. __. SENSE OF CONGRESS REGARDING A MEMORIAL FOR MEMBERS OF THE ARMED FORCES WHO DIED IN AIR CRASH IN BAKERS CREEK, AUSTRALIA. (a) Findings.--Congress finds the following: (1) During the Second World War, the United States Army Air Corps established rest and recreation facilities in Mackay, Queensland, Australia. (2) From the end of January 1943 until early 1944, thousands of United States servicemen were ferried from jungle battlefields in New Guinea to Mackay. (3) These servicemen traveled by air transport to spend an average of 10 days on a rest and relaxation furlough. (4) They usually were carried by two B-17C Flying Fortresses converted for transport duty. (5) On Monday, June 14, 1943, at about 6 a.m., a B-17C, Serial Number 40-2072, took off from Mackay Airport for Port Moresby. (6) There were 6 crew members and 35 passengers aboard. (7) The aircraft took off into fog and soon made two left turns at low altitude. (8) A few minutes after takeoff, when it was five miles south of Mackay, the plane crashed at Bakers Creek, killing everyone on board except Corporal Foye Kenneth Roberts of Wichita Falls, Texas, the sole survivor of the accident. (9) The cause of the crash remains a mystery, and the incident remains relatively unknown outside of Australia. (10) United States officials, who were under orders not to reveal the presence of Allied troops in Australia, kept the crash a military secret during the war. (11) Due to wartime censorship, the news media did not report the crash. (12) Relatives of the victims received telegrams from the United States War Department stating little more than that the serviceman had been killed somewhere in the South West Pacific. (13) The remains of the 40 crash victims were flown to Townsville, Queensland, where they were buried in the Belgian Gardens United States military cemetery on June 19, 1943. (14) In early 1946, they were disinterred and shipped to Hawaii, where 13 were reburied in the National Memorial Cemetery of the Pacific, and the remainder were returned to the United States mainland for reburial. (15) 15 years ago, Robert S. Cutler was reading his father's wartime journal and found a reference to the tragic B-17C airplane accident. [[Page H5246]] (16) This discovery inspired Mr. Cutler to embark upon a research project that would consume more than a decade and take him to Australia. (17) Retired United States Air Force Chief Master Sergeant Teddy W. Hanks, of Wichita Falls, Texas, who lost four of his World War II buddies in the crash, compiled a list of the casualties from United States archives in 1993 and began searching for their families. (18) The Bakers Creek Memorial Association, in conjunction with the Washington Post and retired United States Army genealogy experts Charles Gailey and Arvon Staats, located 23 additional families of victims of the accident during the past two years. (19) Joy Shingleton, Donnie Tenney, Wendy Andrus, and Wilma Post, the family of Army Air Corps Corporal Edward J. Tenney, of Buckhannon, West Virginia, helped to bring this recently uncovered World War II tragedy to light. (20) The commander of the United States Fifth Air Force officially had notified the relatives of 36 of the 40 victims. (b) Sense of Congress.--It is the sense of Congress that an appropriate site in Arlington National Cemetery should be provided for a memorial marker to honor the memory of the 40 members of the Armed Forces of the United States who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943, provided that the Secretary of the Army have exclusive authority to approve the design and site for the memorial marker. Amendment No. 47 Offered by Mr. Braley of Iowa The text of the amendment is as follows: At the end of subtitle B of title V, add the following new sections SEC. 5__. STUDY OF FEASIBILITY OF ESTABLISHING A PILOT PROGRAM ON FAMILY-TO-FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVES UNDERGOING DEPLOYMENT. (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 members of the National Guard and Reserves undergoing deployment, including assessments of-- (1) the effectiveness of family-to-family support programs in-- (A) the early identification and prevention of family problems for families of members of the National Guard and Reserve who are deployed; (B) the provision of peer support for such families; (C) reducing adverse outcomes for children of such families, including poor academic performance, behavioral problems, and the adverse consequence of stress and anxiety; and (D) improving family readiness and post-deployment transition for such families; (2) the feasability and advisability of utilizing spouses of members of the Armed Forces to act as counselors for spouses and families of members of the National Guard and Reserve who are deployed in order to assist such spouses and families in coping with the deployment of such members throughout their deployment cycle; and (3) the best practices for training spouses of members of the Armed Forces to act as counselors for spouses and families of members of the National Guard and Reserve who are deployed. (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. 5__. STUDY REGARDING IMPROVING SUPPORT SERVICES FOR CHILDREN, INFANTS, AND TODDLERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVE 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 National Guard and Reserve 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 National Guard and Reserve 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). Amendment No. 48 Offered by Mr. Mitchell The text of the amendment is as follows: Page 627, strike lines 5 through 7 and insert the following: ``(3) Before transmittal of medical records of a member to the Department of Veterans Affairs, the Secretary of Defense shall ensure that the member (or an individual legally recognized to make medical decisions on behalf of that member) is presented with a written form, the voluntary signing of which shall authorize the transfer of the medical records of the member from the Department of Defense to the Department of Veterans Affairs pursuant to the Health Insurance Portability and Accountability Act of 1996. Nothing in this paragraph shall be construed as limiting or otherwise altering the applicability of the Health Insurance Portability and Accountability Act of 1996 to medical records maintained by the Department of Defense and the Department of Veterans Affairs. Amendment No. 50 Offered by Mr. Walz of Minnesota The text of the amendment is as follows: Section 523, add at the end the following: (g) Study.-- (1) In general.--The Secretary of Defense shall carry out a study on the tuition assistance program carried out under section 2007 of title 10, United States Code. The study shall-- (A) identify the number of service members eligible for assistance under the program, and the number who actually receive the assistance; (B) assess the extent to which the program affects retention rates; and (C) assess the extent to which State tuition assistance programs affects retention rates in those States. (2) Report.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of the study. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from Missouri (Mr. Skelton) and the gentleman from California (Mr. Hunter) each will control 10 minutes. The Chair recognizes the gentleman from Missouri. Mr. SKELTON. Madam Chairman, I urge the committee to adopt the amendments en bloc, all of which have been examined by both the majority and the minority. Madam Chairman, at this time I yield 1 minute to my friend, the gentleman from Rhode Island (Mr. Kennedy). Mr. KENNEDY. Madam Chairman, I thank the gentleman from Missouri and the gentleman from California. My amendment simply requires the Department of Defense to examine a process by which they would further add for the collection of data by which our servicemembers could rely on an apples-to-apples comparison of our military health care system, so that they could get a proper evaluation of the status of our health care system, so that we could avoid the kinds of anecdotal stories that we found out through the Walter Reed scandal. We shouldn't be finding this out through stories. We ought to be able to find this out through the garnering of data. And this is one of the ways that we seek to do so. By garnering this information just like we would through our regular health care system, we should do so through our military health care system, and that is what this amendment would do. Mr. SKELTON. Madam Chairman, I yield 1 minute to my friend from California (Mr. Thompson). Mr. THOMPSON of California. Madam Chairman, I thank the chairman for yielding and both him and the ranking member from California for accepting this amendment. This is an important amendment that is a first step in solving a very serious problem on our military bases both here in the States and abroad; and it is a problem that, unfortunately, spills over into our communities. And this is the issue of members of criminal street gangs joining the military and getting the training that they get in the military and now, unfortunately, [[Page H5247]] on the battlefield, and then bringing that back into the community and deploying those tactics on the streets in our neighborhoods. This is a serious problem. It is documented. The FBI has a report. This is a problem that we need to get ahead of and stop before we have more serious problems than we do already. I thank the chairman and ranking member for accepting this amendment. Mr. SKELTON. Madam Chairman, I yield 1 minute to the gentleman from Arizona (Mr. Mitchell). Mr. MITCHELL. Madam Chairman, I rise today in support of an amendment that will help improve the transfer of medical records from the Department of Defense to the Veterans Administration upon discharge. This amendment will help ensure that when a soldier, sailor, airman, or marine voluntarily authorizes the transfer of his or her medical information to the VA, the information will, in fact, be transferred. I want to thank Chairman Skelton for supporting this amendment. His dedication to our fighting men and women is legendary, and our Nation's veterans are lucky to have him on their side. I also want to thank Representatives Zach Space, Tim Walz, and Ciro Rodriguez. I am proud to serve with them on the Veterans' Affairs Subcommittee on Oversight and Investigations. They have been full partners in this endeavor, and as the chairman of our subcommittee, I am honored by their support. And, finally, I want to thank Chairman Filner. His leadership has been invaluable, and I am grateful for his help. Mr. HUNTER. Madam Chairman, I yield 2 minutes to the gentlewoman from West Virginia (Mrs. Capito). Mrs. CAPITO. Madam Chairman, I would like to thank the chairman and ranking member of the House Armed Services Committee for their hard work on this important legislation that will help provide our military with the resources they need to successfully execute their mission. I have a very simple amendment today expressing the sense of Congress that the Arlington National Cemetery shall provide a site for a memorial marker to honor the lives of United States Armed Forces members who died in an air crash at Bakers Creek, Australia, on June 14, 1943. The amendment provides that the Secretary of the Army shall have the exclusive authority over the design of the memorial and the selection of the site. This little-known tragedy occurred during World War II, a conflict that was fought and won by what has been called America's Greatest Generation. Unfortunately, the men who died in the Bakers Creek crash were never recognized as belonging to that group of great American heroes. During their service in the South Pacific, they were on a routine flight from Australia, returning from a week's leave for R&R. The plane crashed in Bakers Creek, Australia. Unfortunately, due to orders to keep the Allied presence in Australia a secret, the crash was kept a secret by the military. Thankfully, many of the families, some of whom live in my district, now know the true story of how their relatives died. My amendment would merely recognize their sacrifice by honoring their service with a memorial marker at Arlington National Cemetery. Mr. HUNTER. Madam Chairman, will the gentlewoman yield? Mrs. CAPITO. I yield to the gentleman from California. Mr. HUNTER. Madam Chairman, I just want to say that we on this side are in total agreement with her amendment. We thank her for bringing it in such a thoughtful way and we support it. Madam Chairman, I reserve the balance of my time. Mr. SKELTON. Madam Chairman, I yield 1 minute to my colleague, the gentleman from Minnesota (Mr. Walz). Mr. WALZ of Minnesota. Madam Chairman, I thank the chairman and the ranking member for their outstanding work on this incredibly important piece of legislation. I offer a simple amendment, and I rise in support, encouraging my colleagues to support the amendment. After spending 24 years in the Army National Guard, I know that members of our Armed Forces don't join the military simply for the benefits that are there. But I also know that benefits can help improve retention and aid servicemembers when they return to civilian life. One benefit that has given our servicemembers a problem over the years is the Federal Tuition Assistance program. This program is based on a first-come, first-serve benefit. Servicemembers join up thinking this is a guaranteed benefit only to find out that the funding has run out. While serving in the National Guard and now as a Member of Congress, I have heard numerous complaints weekly about this program. My amendment would direct DOD to report relevant information on this program by telling us how many servicemembers are eligible for this and how many receive the benefit. The study would examine the program's effect on retention as well as how it interacts with State tuition assistance programs. We owe our servicemembers the benefits they are promised. This amendment would give us the necessary information to improve the program, to maximize the use of our dollars, and get it directed at our soldiers who need it. I urge my colleagues to support it. Mr. HUNTER. Mr. Chairman, I just want to say, we appreciate the gentleman and his amendment on this side and thank him for bringing it to the floor. Mr. Chairman, at this point, I would like to yield 3 minutes to the gentleman from Ohio (Mr. Turner). Mr. TURNER. Mr. Chairman, I would like to thank Chairman Skelton and Ranking Member Hunter for including my amendment in this package. My amendment provides certainty to servicemembers deployed in a contingency operation that their child custody arrangements will be protected. In some cases, courts are overturning established custody arrangements while the custodial parent is serving our country in a contingency operation, such as Iraq or Afghanistan. States have become aware of this issue and are looking at what action they can take to support our men and women in uniform. The State of Michigan passed a law in 2005 to provide these protections to military personnel. The amendment offered today is modeled after the established Michigan law. Much is asked of our servicemembers, and mobilizations can disrupt and strain relationships at home. This additional protection is needed to provide them peace of mind that the courts will not take away their children because they answered the country's call to serve. This amendment protects them and it protects their children. Again, I thank Chairman Skelton and Ranking Member Hunter for supporting this important amendment. Mr. HUNTER. Mr. Chairman, will the gentleman yield? Mr. TURNER. I yield to the gentleman from California. Mr. HUNTER. Mr. Chairman, I just want to thank the gentleman. What an essential and important amendment this is. We recognized and have embedded in law the remedies for a service person who may be overseas and may lose his house or may have a judgment taken against him, a civil law liability judgment, and we have tried to protect him from that. And the idea of having a child taken from you while you are serving overseas can only have a demoralizing effect on members of the armed services. So this protection is very much needed, and I thank the gentleman from Ohio. We have total support on this side for his amendment. Mr. TURNER. Mr. Chairman, reclaiming my time, I thank Mr. Hunter and I want to thank Chairman Skelton again for this important amendment that will provide peace of mind for those who are serving. Mr. HUNTER. Mr. Chairman, at this time, I would like to yield 3 minutes to the gentleman from Indiana (Mr. Buyer) for the purposes of a colloquy with myself and Mr. Skelton. Mr. BUYER. Mr. Chairman, I thank Mr. Hunter and Chairman Skelton. I am deeply concerned about the unintended consequences that section 703 may have on the price of drugs for America's veterans. I rise today and [[Page H5248]] ask for your help to request the Government Accountability Office to conduct a study of the impact of the proposed provision to provide Federal pricing authority to the Department of Defense and the Department of Veterans Affairs. I ask the chairman if he would be willing to request the GAO to conduct such a study. I yield to Chairman Skelton. Mr. SKELTON. Mr. Chairman, I thank the gentleman for bringing the issue forward. And I assure the gentleman we do not want to raise the price of drugs for America's veterans and neither do we want to raise the price of drugs for men and women in uniform and their families. I will be pleased to work with the gentleman and my ranking member, Mr. Hunter, to request that the GAO conduct a study of the impact of Federal pricing on both the Department of Defense as well as the Department of Veterans Affairs and report back to Congress on its findings. Mr. HUNTER. Mr. Chairman, will the gentleman yield? Mr. BUYER. I yield to the gentleman from California. Mr. HUNTER. Mr. Chairman, I support the chairman and I will support the gentleman's request for a study by the GAO after 1 year to assess the impact to the Department of Veterans Affairs and the DOD of providing Federal pricing to DOD to purchase drugs in a retail pharmacy. {time} 1815 Mr. BUYER. Reclaiming my time, I want to thank Chairman Skelton for his support of this quest, and I believe that such a review will help alleviate any uncertainty with regard to this proposal, and I want to also thank Ranking Member Hunter. To my good friend, Chairman Skelton, you and I have had a great history together in this body for the last 15 years, and I consider you a personal friend. I apologize to you for when I let my passion get to the side of me. I am deeply sorry if in any manner you took my words directly personal to you because I would be offended if you felt that way. You are a genuine human being, and we all recognize that your passion and your support for the men and women who serve in the military is real and, more importantly, it is genuine; and equally, my passion with regard to the men and women in the military and our veterans. You and I will agree more than we ever disagree, and this is a moment where we may find ourselves in conflict. If I crossed the threshold to my good friend, I deeply apologize to you. I hope you accept my apology. Mr. SKELTON. Well, it is certainly kind of you to make mention of that, and I appreciate it very much. I thank you for your friendship, of course, through the years. I do agree that we have been good friends and we have worked together so well. So that, of course, is all behind us. Thank you very much. I do look forward to working with you and Mr. Hunter on the issue as we move forward to protect not only our Nation's veterans, but our military personnel as well. And I think we will get there in this matter. Mr. LINCOLN DIAZ-BALART of Florida. Mr. Chairman, I rise on behalf of my colleagues Alcee L. Hastings, Ileana Ros-Lehtinen and Mario Diaz- Balart to introduce an amendment to H.R. 1585, the Defense Authorization Act for Fiscal Year 2008. The amendment recommends that the Secretary of the Navy establish and maintain a Navy Senior Reserve Officers' Training Corps, ROTC, program at the University of Miami in Coral Gables, Florida. Mr. Chairman, the University of Miami is committed to assisting in the education of the armed services officer corps. The university currently houses Army and Air Force ROTC programs with great success. In fact, the university has recently committed to build a new ROTC-only facility should a Navy program be added. This would provide the best environment for college education and officer training for our Armed Forces. The south Florida community is an ideal place for a Navy ROTC program. The proximity to important military installations such as the Key West Naval Air Station and the United States Southern Command only serves to advance the real world training to which senior reserve officers are exposed during their military education. Mr. Chairman, a Navy ROTC program at the University of Miami will further the Navy's continued mission to diversify their officer corps through increased recruitment, retention, and career development in minority populations. With a 50 percent minority student body, the university is well-situated to help the Navy achieve its laudable goal. Miami is the ``gateway'' to the Americas. The diversity of our community and the knowledge of our hemisphere would greatly augment the quality of officer training for our military. Mr. Chairman, for these and other reasons, I am pleased to introduce this amendment with my colleagues and urge all members to support this important Navy ROTC program at the University of Miami. Mr. MITCHELL. Mr. Chairman, I rise today in support of an amendment that will help improve the transfer of medical records from the Department of Defense to the Veterans Administration upon a soldier, sailor, airman or marine's discharge. This amendment will help ensure that when one of our troops voluntarily authorizes the transfer of his or her medical information to the VA, that information will, in fact, be transferred. Sadly, the safe and efficient transfer of medical records to the VA has been, and continues to be, a persistent problem. Despite numerous attempts to design and implement a system for sharing vital medical information, the DOD and VA have been unable to do so. This information is essential to the well-being of our veterans. Without it, we cannot ensure that they receive the proper medical care from the VA. The Veterans' Affairs Subcommittee on Oversight and Investigations has held hearings on this issue, and we have heard a myriad of explanations for why this is the case. According to the Government Accountability Office, one of them is a technical, legal hurdle involving the law that protects the privacy of patients' medical records: the Health Insurance Portability and Accountability Act. According to the GAO, the DOD and VA have differing interpretations of HIPAA, and as a result, HIPAA has become a barrier against the sharing of medical information. And even worse, the HIPAA hurdle has persisted for years. In May 2005, the GAO reported, DOD and VA have been working on a data sharing agreement for over 2 years, but have not reached an agreement. DOD and VA differ in their understanding of HIPAA Privacy Rule provisions that govern the sharing of individually identifiable health data for servicemembers currently receiving that exchange. DOD's and VA's inability to resolve these differences has impeded coming to an agreement on exchanging seriously injured servicemembers' individually identifiable health data. At the time, the DOD and VA were attempting to draft a memorandum of understanding to enable them to begin sharing medical information. However, according to the GAO, even if they had completed the memorandum of understanding, HIPAA would have remained a barrier. Specifically, the GAO found, . . . the draft memorandum restates many of [the legal authorities contained in the I [``HIPAA''] Privacy Rule for the use and [disclosure of individually identifiable health data. As a result, even if the memorandum of understanding is finalized, DOD and VA will still have to agree on what types of individually identifiable health data can be exchanged and when the data can be shared. This just does not make any sense. HIPAA is supposed to ensure the privacy of a patient's medical records, not prevent their transfer, at the patient's request, to his or her doctor. If the DOD and the VA can't recognize this, then I believe it is time for Congress to clarify it for them. The Mitchell, Space, Walz, Rodriguez Amendment would require the DOD to provide every member of our Armed Forces a HIPAA authorization form, the voluntary signing of which would legally obligate the DOD to transfer that servicemember's medical records to the VA upon his or her discharge. I want to emphasize that participation in this process would be completely voluntary. No member would be forced to share his or her medical information because of this amendment. Rather, the amendment would merely ensure that when a servicemember unambiguously authorizes the transfer of his or her medical information to the VA, that information will, in fact, be transferred. I want to thank House Armed Services Committee Chairman Ike Skelton for supporting our amendment. His dedication to our fighting men and women is legendary, and our Nation's veterans are lucky to have him on their side. I also want to thank Representatives Zach Space, Tim Walz and Ciro Rodriguez. I am proud to serve with them on the Veterans' Affairs Subcommittee on Oversight and Investigations. They have been full partners in this endeavor, and as the subcommittee's chairman, I am grateful. Finally, I want to thank Chairman Filner. His leadership has been invaluable, and I am honored to have his support. [[Page H5249]] Mr. HUNTER. Mr. Chairman, I yield back the balance of my time. Mr. SKELTON. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN (Mr. Moran of Virginia). The question is on the amendments en bloc offered by the gentleman from Missouri. The amendments en bloc were agreed to. Amendment No. 8 Offered by Mr. Andrews The Acting CHAIRMAN. It is now in order to consider amendment No. 8 printed in House Report 110-151. Mr. ANDREWS. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 8 offered by Mr. Andrews: At the appropriate place in title XV of the bill (relating to authorization of additional appropriations for Operation Iraqi Freedom and Operation Enduring Freedom), insert the following new section: SEC. 15_. LIMITATION ON AVAILABILITY OF FUNDS FOR PLANNING MAJOR CONTINGENCY OPERATIONS IN IRAN. (a) Limitation.--No funds appropriated pursuant to an authorization of appropriations in this title may be obligated or expended to plan a major contingency operation in Iran. (b) Rule of Construction.--Nothing in this section shall be construed to prohibit the obligation or expenditure of funds appropriated pursuant to an authorization of appropriations in any title of this Act other than this title to plan a major contingency operation in Iran. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from New Jersey (Mr. Andrews) and a Member opposed each will control 10 minutes. The Chair recognizes the gentleman from New Jersey. Mr. ANDREWS. Mr. Chairman, I yield myself 3\1/2\ minutes. (Mr. ANDREWS asked and was given permission to revise and extend his remarks.) Mr. ANDREWS. Mr. Chairman, I believe that it is in the interest of freedom-loving people around the world to deny the present regime in Tehran access to a nuclear weapon. The amendment that I submit does not raise the issue of the propriety of Iran having a nuclear weapon. The amendment I submit raises the issue of the propriety of this coequal branch of our government asserting its proper constitutional authority. My amendment contemplates, Mr. Chairman, the following circumstances, and I want to be very clear about this. If our troops in Iraq become involved in a fight that requires them to in some way engage, in order to defend themselves, Iranian personnel in a given situation, they have the right and power and authority to do so. Mr. Chairman, if our planners on the military side, as part of their normal planning exercises, as they do throughout the world and around the globe, find it necessary to game out and analyze the circumstances under which we would prepare for conflict with Iran, they have the authority to do so. Any American soldier or servicemember under any circumstances has the authority to defend himself or herself, and the President has the authority to act under emergency or self-defense circumstances. However, in those circumstances under which the President would wish to initiate a major contingency operation in Iran, this amendment says he may not use funds which we have authorized and appropriated to fight the wars in Iraq and Afghanistan. The amendment asserts the proper constitutional authority of this coequal branch of government. The Constitution vests us, as the duly elected representatives of the people, with the authority and responsibility to decide when this country will initiate hostilities in order to serve our national interest absent an emergency or a self- defense situation. This amendment preserves that emergency authority of the President. It preserves the self-defense authority of the President. But it properly asserts the duly assigned constitutional role of this branch to decide the circumstances under which we should go forward with a major contingency operation. Mr. Chairman, whether Members believe that we should be more aggressive or less aggressive with Iran, they should support this amendment. Whether Members believe that we should pursue more active diplomacy or a different kind of diplomacy, they should pursue and support this amendment. The question here is not the proper policy with respect to Iran. The question here is the proper allocation of constitutional authorities between and among the branches. I would urge both Republican and Democratic Members to vote ``yes'' on this amendment. Mr. Chairman, I reserve the balance of my time. Mr. SKELTON. Mr. Chairman, I rise in support of this amendment. The Acting CHAIRMAN. Without objection, the gentleman from Missouri is recognized for 10 minutes. There was no objection. Mr. SKELTON. Mr. Chairman, if you are a young man or young woman in either Iraq or Afghanistan in American uniform, you would like to know that monies authorized and appropriated from this body for Iraq or Afghanistan will not be diverted to planning any operations elsewhere. That's what this is. This simply ensures that funds that Congress approved for other purposes are not diverted to planning operations against Iran. It's that simple. It increases the ability of Congress to provide oversight for planning of military operations, and it would not restrict the Department of Defense from planning any necessary contingencies regarding Iran using the base defense budget. This is a good amendment, and I compliment the gentleman from New Jersey (Mr. Andrews) for offering it. Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment. The Acting CHAIRMAN. The Chair allocated the time, because there was no objection, to the gentleman from Missouri. If there is unanimous consent, perhaps the gentleman from Missouri could allocate 5 minutes to the gentleman from California. Mr. SKELTON. I certainly do. The Acting CHAIRMAN. Without objection, the gentleman from California is recognized for 5 minutes. There was no objection. Mr. HUNTER. Mr. Chairman, I have enormous respect for my great friend from New Jersey, who has shared and fought on common ground with this Member for many years on items of interest and national defense that we shared support of. In this case, I must oppose this amendment strongly for this reason. The nation that he's talking about, Iran, borders obviously one of our important warfighting theaters, that is, Iraq. We have seen evidence, it has been reported by our warfighting commanders that Iran has participated in moving instruments of death; that is, extremely effective IEDs that have been used against American troops and will prospectively be used against American troops, into Iraq from Iran. The idea that we are saying that in this piece of the budget we cannot plan for interdiction of those items, of those weapons that are moving across the border, that we can't plan, for example, for Special Forces operations that we might need to implement or to move into action, to preempt this movement of deadly devices across the border, that we can't plan to extract hostages if they should be taken by Iranian militia or Iranian members of the armed forces is just not practical and it's not reasonable. You have an Iranian military and intelligence body which has decided to become involved in the war in Iraq. They have moved across the border, and they have moved effective weapons across the border that are being used against American troops. I think it is not wise for us to advertise to our adversaries and to the world that we are establishing a policy that we will not even use money to contemplate or to plan for a reaction against us. I think we have to let them know that we have license, as Americans, to take any actions that might be necessary to protect American troops. I would object very strongly to this amendment. Mr. Chairman, I reserve the balance of my time. Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume. I reciprocate the respect expressed by my friend, the ranking member from California, and respectfully disagree with his interpretation of the amendment. In a situation where we would want to interdict IEDs, there are two ways [[Page H5250]] that this bill makes it clear we could do so. The first is, under all of the other titles of this bill that fund all the other operations of our Armed Forces we would have the authority to do so. And second, such an example is not a major contingency operation in Iran under the contemplation of the bill. So we would absolutely have the ability to interdict the creation or transport of IEDs. Second, with respect to a hostage situation, rescuing hostages is not planning a major contingency operation in Iran. Nothing would preclude our military personnel from executing such a mission should the need arise, either under this title or under the other titles of the bill. So as I said in my opening remarks, it is clear to me that under emergency or self-defense circumstances, there are no limitations whatsoever. What this amendment does is to properly assert the constitutional authority of this coequal branch of government that if this country is to initiate hostilities, is to conduct a major contingency operation in Iran, the President must come to this body and ask for our permission. Mr. Chairman, I would yield to my friend from Rhode Island. Mr. KENNEDY. I support the gentleman's amendment, and I would just point out if this country has learned anything from the last 6 years, it has learned that there must be checks and balances in our government. We have a war that has been proclaimed based upon lies. We have had a war that has been proclaimed based upon faulty intelligence. And we have had a war that has been proclaimed upon intelligence that has been manufactured. Now we have a public that has repeatedly felt that it has been lied to, and that they want to be heard by their Congress. All we are asking in this amendment is that their Congress have a chance to voice their own through the Representative's opinion before a Commander in Chief throws this country back into another war headlong without the American people having a voice in it. Mr. ANDREWS. Mr. Chairman, I would yield to the gentleman from Missouri, the chairman of the committee. Mr. SKELTON. I understand that the gentleman from California requires additional time; is that correct? Mr. HUNTER. Would the gentleman yield an additional 3 minutes? Mr. SKELTON. I yield to the gentleman. Mr. HUNTER. I thank my friend for yielding. Mr. Chairman, I would just respond to my friend from New Jersey in this way: It says that you can't plan for a major contingency. I am looking at scenarios, and if you have a scenario where you have convoys of IED material being moved from Iran into Iraq and you want to send a team over and make a strike and close a canyon or close a mountain pass or hit that convoy with a major strike, I think many people would classify that as a major action, a major contingency. {time} 1830 So I think that we blurred the line here in that we may have to take what I would consider and many Members here would consider to be major contingencies. The problem is, you have to take those things very quickly. This war against terror is an era when time is truly of the essence, when hours are important, when minutes are important, when days are important. The idea we have to come back, if you have got to close a pass to keep IEDs that are killing Americans in Iraq from going across that line, we have to come back and get permission from Congress to do that, I think that is not a good advertisement or a good statement of impunity to communicate to the other side, where they think they now have an insulation between an immediate reaction by American Armed Forces. That is the essence of our resistance to this amendment, and I think it is still very solid. Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from Rhode Island (Mr. Kennedy). Mr. KENNEDY. Mr. Chairman, I think this amendment ought to be called the ``George W. Bush Amendment,'' because if it were any other President, I don't think we would have to worry about this. But this President has so undermined the confidence of the institution of the Presidency, it has brought this amendment to the floor; because I think this President has so jeopardized the confidence in the Presidency of the United States that the people, after the experience of this President, have become so distrustful that this President is going to drag them into another war under unwarranted circumstances that they would support an amendment like the one of the gentleman from New Jersey. And that is why I would call it the ``George W. Bush Amendment,'' for no other reason than it is because of George W. Bush that this amendment seems to be necessary. Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me just say to my friend, I just reviewed it the other day, and I don't need to look at any statements by George W. Bush about whether or not we should have gone into Iraq, because the most damning statements about Saddam Hussein and his weapons of mass destruction, the most conclusive statements that indeed he must have them and that he must be brought to justice quickly, were not made by George W. Bush. They were made by people with the last name of Clinton, of Gore, of Kerry. I reviewed all of the videotapes of their speeches in which they absolutely laid out a case against Saddam Hussein. So I hope we don't replow the ground of who shot John here in terms of statements with respect to the state of Iraq and its weapons of mass destruction. I think we need to get back to the substance of this debate, and that is, are we foreclosing an immediate response if it is necessary. Mr. SKELTON. Mr. Chairman, will the gentleman yield? Mr. HUNTER. I yield to the gentleman from Missouri. Mr. SKELTON. All you have to do, Mr. Chairman, is read the amendment. This amendment does not preclude any effort of expending funds from the base Defense authorization appropriation. This merely makes sure that the moneys meant for Afghanistan, meant for Iraq, go to those soldiers, marines, sailors and airmen there. It is that simple. As my old law school professor once said: read it. What does it say? Mr. HUNTER. Mr. Chairman, I yield myself 30 seconds to explain again why I think it is impractical to put this dividing line between this funding. If there has to be a strike, if there has to be preemption because IED material is moving across the border that could injure our soldiers, our sailors, our airmen, our marines, probably the reactive force is going to be led by one of the combatant commanders who is in the Iraqi theater and who is being funded by money under OEF or OIF. It is probably not going to come. And the idea you can't have uniformed personnel expending his time and his staff's time planning what it is going to take to defend his soldiers, sailors, airmen or marines from interference from the Iranian side of the border, is, in my estimation, not practical. Those are the forces that are going to be responding, and I think we have to let them put together that contingency plan. Notice to Alter Order of Consideration of Amendments Mr. SKELTON. Mr. Chairman, pursuant to sections 3 and 4 of House Resolution 403, and as the chairman of the Committee on Armed Services, I request that during further consideration of H.R. 1585 in the Committee of the Whole and following consideration of amendment No. 38, the following amendments be considered in this order: amendments en bloc No. 2 and amendments numbered 20, 49, 31, 15 and 32. The Acting CHAIRMAN. The gentleman from New Jersey (Mr. Andrews) has 3 minutes remaining. Mr. ANDREWS. Mr. Chairman, I yield 2 minutes to the gentleman from Washington (Mr. McDermott). Mr. McDERMOTT. Mr. Chairman, this President has used the resolution that we passed some years ago as a blank check to take us into a disastrous situation in Iraq, leaving Afghanistan half done. What we are trying to do with this amendment is simply say to the President, you have to stay where we put the money. If you want to come out and go after Iran in a preemptive way, as you did against Iraq when you had no evidence, when you came to this floor and presented evidence that [[Page H5251]] turned out not to be true, and use that as a pretext for going into war, we are heading for in Iran, in my view, another Gulf of Tonkin kind of situation, where you cook up a situation. This administration took down the border between Iran and Iraq and now complains to us everywhere that we are getting all kinds of weapons coming in from Iran. Using that as a pretext, the Arab press yesterday reports that the Vice President was in the Middle East telling people that war is coming, telling them that the problems in Iraq don't keep us out of anything. They won't be any hindrance to us going into Iran. This amendment is simply an attempt to put a minor block in the way of this administration's desire to widen this war, probably to get people's minds off how bad it is in Iraq. This is supposed to be winding down in Iraq because of the escalation. But in fact that is not what is happening. We are losing more soldiers every day. We have had the bloodiest months in this war. This amendment is simply to say the United States Congress will decide where this country goes to war, not the President, who wants to go out and create whatever situation he wants in the world. I urge the adoption of this amendment. Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think we have had a healthy, robust debate on this question, and I urge a ``yes'' vote. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from New Jersey. The question was taken; and the Acting Chairman announced that the ayes appeared to have it. Mr. HUNTER. Mr. Chairman, I demand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from New Jersey will be postponed. Amendment No. 14 Offered by Mr. DeFazio The Acting CHAIRMAN. It is now in order to consider amendment No. 14 printed in House Report 110-151. Mr. DeFAZIO. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 14 offered by Mr. DeFazio: At the appropriate place in title XII of the bill (relating to matters relating to foreign nations), insert the following new section: SEC. 12_. REQUIREMENTS CONCERNING THE USE OF MILITARY FORCE AGAINST IRAN. (a) Rule of Construction.--No provision of law enacted before the date of the enactment of this Act shall be construed to authorize the use of military force by the United States against Iran. (b) Requirements.--Absent a national emergency created by attack by Iran upon the United States, its territories or possessions, or its armed forces, no funds appropriated pursuant to an authorization of appropriations in this Act or any other Act may be obligated or expended to initiate the use of military force against Iran unless the President receives authorization from Congress prior to initiating the use of military force against Iran. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from Oregon and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Oregon. Mr. DeFAZIO. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, to address criticisms raised on the first amendment, this would not prevent retaliation for an attack upon U.S. troops. It would not prevent going into Iran to retrieve captured troops. But what it would do is say that we have not authorized, as some in this administration allege, a preemptive war against Iran because of the Iraq resolution or the 9/11 resolution. That simply is not true. They were not that all encompassing. Further, it would also challenge a letter I had on April 18, 2002, from then-White House counsel, the esteemed Mr. Gonzales, who claims that the President has unilateral war-making authority under the Constitution. No. This simply restates the Constitution of the United States and the War Powers Act. It is law, 93-148, and article I, section 8, of the Constitution. This is not about whether or not military action against Iran is wise or necessary. Regardless of how you come down on that question, I urge you to support the amendment. It is not about binding the President's hands so he couldn't retaliate if they are involved in attacking our troops or capturing our troops in the area. It allows, as does the War Powers Act, in the event of any attack by Iran on the United States, its territories or possessions or Armed Forces, it is fully within the President's purview to respond. There are many who are concerned about the growing nuclear capability of Iran, and I share those concerns. But the question that some day possibly in the future they might have a missile that could work, they might have nuclear weapons, does not dictate that we should have a preemptive war now; and if the President wants to make the case that that warrants a preemptive war, he should come to the war-making body, the Congress of the United States, make that case, present his evidence and have a lawful vote. Plain and simple, that is all this amendment does, although I am certain other allegations will be made. Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment. The Acting CHAIRMAN. The gentleman from California is recognized for 5 minutes. Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in strong opposition to this amendment. We have been at war with the radical Islamic jihadists ever since they supported and fomented that storming of our embassy in 1979. They held Americans hostage and they held them for 444 days, and every President since President Carter has renewed the national emergency with respect to Iran, most recently on March 8 of this year. If you look at the War Powers Act, Mr. Chairman, it states that a national emergency does justify the President utilizing his constitutional powers as Commander in Chief. My reading of this amendment is that this proposal, this amendment, changes the War Powers Act and extracts that power from the President of the United States. We have had Democrat and Republican Presidents renewing that finding and that national emergency status with respect to Iran. Just to say further, Mr. Chairman, we all know, and I just talked about this, we know that Iran through its proxies helped and aided in the attack against Americans at Khobar Towers, which killed 19 Americans and injured 372 other Americans and other people who were in that area. We know that the Iranian-backed insurgents are killing American troops with IEDs, and some of that IED expertise and the materials themselves are being transferred from Iran. We know that they are assisting in attacks against Americans in Afghanistan. A couple of weeks ago the Chairman of the Joint Chiefs, General Pace, said, ``We have intercepted weapons in Afghanistan headed for the Taliban that were made in Iran. The arms included mortars and C-4 plastic explosives.'' {time} 1845 So, Mr. Chairman, every Member of this body should be strongly opposed to this particular amendment. Mr. Chairman, I would like to yield 1\1/2\ minutes to the gentlewoman from Nevada (Ms. Berkley). Ms. BERKLEY. Mr. Chairman, I rise in opposition to this amendment. There is no denying that Iran's bloodthirsty regime would gladly destroy the United States, annihilate Israel and destabilize Iraq. Iran's hand in terrorist activities around the Middle East is clear. Iran's President continues to threaten Israel. I believe he stated he would wipe Israel off the map. And he continues to pursue nuclear weapons so he can dominate the Middle East and threaten his neighbors. We have tried to stop Iran from obtaining those weapons. We have increased sanctions on firms that do business with this dangerous regime. We have worked with our allies and the United Nations. And yet with all of these efforts, just yesterday, we learned that the sanctions have done precious little to impede Iran's march towards obtaining nuclear weapons. [[Page H5252]] According to the IAEA, and by Iran's own bravado, Iran is now beginning to enrich uranium on a far larger scale than ever before. Mr. Chairman, this is not the time to be tying our hands on Iran. We all seek a peaceful solution. No one wants another war. But if we don't take a tough stance on Iran and maintain the threat of military action, Iran will get the message that we don't care if it gets nuclear weapons. It will allow the most dangerous regime in the world to continue its quest for regional and world domination, and destroy the only democratic country and the United States' most reliable ally in the region, Israel. I urge opposition to this amendment. Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Lee). Ms. LEE. Mr. Chairman, I thank the gentleman from Oregon for yielding, and also for your leadership on this issue. I am very concerned with Iran's efforts to acquire nuclear weapons, like I am concerned about any country's efforts to acquire nuclear weapons. Preventing this, though, will not happen through military action. Unfortunately, the President's saber rattling against Iran is only increasing and is eerily similar to the march to war with Iraq. We must act to prevent another war of preemption, this time against Iran. That is why this amendment is so important. It would clarify that no previous authorization constitutes an authorization to use force against Iran. Secondly, this amendment would make certain that no funds would be used to take military action against Iran in the absence of specific congressional authority or a direct attack as defined by the War Powers Act. Beyond this, we must make certain that the United States is not funding covert action intended to cause regime change in Iran. Unfortunately, the Rules Committee did not rule in order an amendment that I would have that allowed for this sort of debate. I urge my colleagues to support this amendment and also to recognize that this is a critical first step this body can take in preventing war with Iran. Mr. DeFAZIO. Mr. Chairman, I yield 1 minute to the gentleman from New York (Mr. Hinchey). Mr. HINCHEY. Mr. Chairman, we all realize that it is the responsibility of every Congress to ensure that the current administration adheres to the Constitution and the rule of law. Most of us understand how this administration used the policy office within the Pentagon to falsify intelligence and to provide the Congress with false information in an attempt to justify the illegal invasion of Iraq and the subsequent disastrous military occupation which has been going on there now for more than 4 years. This amendment makes perfect sense. It simply ensures that kind of behavior by this administration is not extended now into another country in the Middle East, Iran, based upon the same falsification of information and failure to adhere to its obligations under the Constitution. This amendment must be passed. It makes perfect sense, and it ensures the security of our country and makes sure that our military personnel are not exposed to the kinds of danger that they have been exposed to as a result of the falsification of intelligence by this administration. Let's pass this amendment. Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time. I would just offer to my colleague who just spoke and my other colleagues that there are the strongest statements for invasion of Iraq that took place before President Bush came into office, and those were the now famous speeches that were made by three Senators by the name of Kerry, Clinton, and Gore. Mr. Chairman, the War Powers Act clearly calls for the ability of the Commander in Chief to introduce American military force where an emergency with respect to a nation has been declared. That emergency with respect to Iran has been declared by every American President since President Carter in 1979. This is not extra-constitutional. The law as it presently exists is consistent with the Constitution. This would infringe. In fact, this would roll back the War Powers Act. Every Member should vote against this amendment. Mr. DeFAZIO. Mr. Chairman, I yield myself the balance of my time. The President is not reading in full the War Powers Act. It says the President's constitutional powers ``are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.'' My amendment actually allows that exact language. If our troops are attacked, if we are attacked, if our territories are attacked, then the President could retaliate. So I am restating the war powers. In this case we also heard about a declaration of war from the gentlewoman from Nevada. The Congress has the authority to take up a declaration of war tonight, tomorrow, anytime it deems fit against Iran. Nothing in this amendment would prevent a Congress from declaring war. It is just saying if you want to have a preemptive war under the Constitution of the United States, a preventive war, then you need to come to Congress under article I, section 8. If you believe in the Constitution of the United States and the powers of this branch, vote for this amendment. The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from Oregon (Mr. DeFazio). The question was taken; and the Acting Chairman announced that the ayes appeared to have it. Mr. HUNTER. Mr. Chairman, I demand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Oregon will be postponed. Amendment No. 21 Offered by Ms. Woolsey The Acting CHAIRMAN. It is now in order to consider amendment No. 21 printed in House Report 110-151. Ms. WOOLSEY. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 21 offered by Ms. Woolsey: At the end of title I, insert the following: SEC. 1__. STUDY ON NEED FOR WEAPONS SYSTEMS THAT WERE ORIGINALLY DESIGNED TO FIGHT THE COLD WAR AND THE FORMER SOVIET UNION. (a) Study Required.--The Secretary of Defense shall carry out a study on the weapons systems being produced for the Department of Defense that were originally designed to fight the Cold War and the former Soviet Union. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, and to the Committee on the Budget of the House of Representatives and the Committee on the Budget of the Senate a report on the results of the study carried out under subsection (a). The report shall identify the weapons systems covered by the study and, for each such weapons system, shall-- (1) describe whether the weapons system meets current needs; (2) specify, and compare, the cost of fitting the weapons system to meet current needs and the cost of developing and procuring a new weapons system to meet current needs; (3) explain the reasons why the weapons system continues to be produced for the Department; and (4) quantify and describe the savings achieved by decommissioning and dismantling weapon systems no longer needed as a result of the demise of the former Soviet Union the threats it posed to national security. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentlewoman from California (Ms. Woolsey) and a Member opposed each will control 5 minutes. The Chair recognizes the gentlewoman from California. Ms. WOOLSEY. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, it is our job in Congress to make tough decisions. So given the quagmire in Iraq which is costing $273 million every day, and our troops still don't have the training and equipment they need, and given we have critical needs at home that aren't being fully funded, needs like children's health care, rebuilding the gulf coast, keeping our promise to veterans, repairing tornado-ravaged towns and collapsed bridges, and I could go on and on, and you know it. Sadly, we are still spending at least $60 billion every year to build and [[Page H5253]] maintain weapons that were specifically designed to fight the Soviet Union. It is not exactly the threat we need to worry about in the year 2007. That's why I am offering this amendment to H.R. 1585, an amendment that would require the DOD to identify all weapon systems that are currently being produced that were designed to fight the Cold War, identify their usefulness, and evaluate the cost of savings for eliminating these programs. My amendment wouldn't eliminate a single program. Rather, it is simply asking the Department of Defense to take an inventory of what they are building that was designed to fight the Cold War and report back to Congress. This December will mark the 18th anniversary of a meeting in Malta where the first President Bush and Soviet President Mikhail Gorbachev declared an end to the Cold War. From there, it was another couple of years before the Soviet Union was disbanded, the Berlin Wall came down, and the Iron Curtain collapsed. The Cold War is over. It is time that the Department of Defense realized this and made the proper adjustments in their procurement programs. Mr. Chairman, I reserve the balance of my time. Mr. HUNTER. Mr. Chairman, I rise in opposition to the amendment. The Acting CHAIRMAN. The gentleman from California (Mr. Hunter) is recognized for 5 minutes. Mr. HUNTER. Mr. Chairman, we are in strong opposition to this amendment. In fact, the Armed Services Committee under the very able chairmanship of the gentleman from Missouri has finished a number of oversight hearings. The subcommittees that are involved in the Armed Services Committee and in Defense Appropriations Subcommittee have undertaken extensive hearings and analysis of every weapons system that we have. And, of course, you have many weapons systems that were built 20-30 years ago that were highly relevant, like the C-130s that Members fly on, that are the backbone of the transportation system, the intratheater transportation system in Iraq and Afghanistan, the Bradley fighting vehicles, M-1 tanks. There is no weapon system that comes out of a production line with the word ``Cold War'' on it, so the relevance and the importance and the use of weapons has been carefully and closely analyzed by the important committees, the oversight committees, and we are aided in that by the Quadrennial Defense Review that is done by the administration where they make their case for what they think that we need, and the President makes that proposition which is manifested in his budget. And after hearings, the members of this committee and the full body, this House of Representatives, respond with our cut on what we think we should do with respect to arming and maintaining and equipping our military forces. So I would just strongly oppose the gentlelady's amendment, and say I have great respect for the gentlelady. Mr. Chairman, I yield 1 minute to the gentleman from Oklahoma (Mr. Boren). Mr. BOREN. Mr. Chairman, I rise in opposition to this amendment. The Department of Defense can and should review its weapon systems to ensure they are relevant to current threats. But by arbitrarily singling out Cold War systems, this amendment sends DOD the wrong signal. The House Armed Services Committee has provided thorough and aggressive oversight in considering DOD's budget request. While fully funding the Department, the committee cuts billions of dollars from major programs we found to be outdated or irrelevant to current and future threats, shifting those funds to more urgent priorities such as the Mine Resistant Ambush Protected vehicle, MRAP vehicle. Every one of the weapons systems covered by the amendment has been reviewed during the three Quadrennial Defense Reviews held since the Cold War ended. {time} 1900 Many Cold War systems, like the Abrams tank, Bradley Fighting Vehicle and the B-52 bomber, have proven tremendously useful and effective in current operations. This bill reflects responsible weapons priorities for current and future conflicts. I oppose this amendment because it puts DOD priorities in the wrong place, and I thank the gentleman from California and our chairman. Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from California (Ms. Lee). Ms. LEE. Mr. Chairman, let me thank my friend and colleague, a great leader, Congresswoman Woolsey, for her leadership once again on a very, very important issue. It has been 16 years since the collapse of the Soviet Union. Yet I find it mind-boggling that in the last decade-and-a-half the Pentagon has continued to waste tens of millions, and billions really, of dollars buying outdated Cold War-era weaponry for a national security threat that does not exist. Mr. Chairman, our spending on security should address the current threat that we face. That's why this amendment is so important. By identifying and evaluating the usefulness of Cold War weapons systems, the report from the Pentagon that this amendment would require will give us a good starting point for eliminating wasteful programs. Contrary to what has been said, this is not arbitrary. In fact, military experts have identified at least $60 million in these weapons systems. By getting rid of these outdated programs, we'd not only make the much-needed investment in ensuring health care for all of our children, improving our public schools, ending our dependence on foreign oil, but also improving our homeland security. When you think about it, really, domestic security is national security. We don't need to sacrifice our domestic needs to ensure that our Nation remains safe. This amendment will take steps towards making this balance possible. So I urge my colleagues to look at this amendment. It is very practical. It is very rational. It is very reasonable. And I want to thank my colleague from California for bringing this forward again so that we can really begin to have a full debate with regard to the taxpayer dollars. We need to look at where our tax dollars are going in terms of the real threat that exists now in this 21st century. Certainly it has nothing to do with the Soviet Union. Certainly it has nothing to do with the Cold War era. Mr. HUNTER. Mr. Chairman, I would just say we strongly oppose this amendment, and I yield back the balance of our time. Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from New York (Mr. Hinchey). Mr. HINCHEY. Mr. Chairman, I thank my friend and colleague from California for raising this issue, which I think is very important. We are now confronting a situation in Iraq where the number of our military personnel who have been killed is approaching 3,400. Tens of thousands of others have been physically wounded, many of them very seriously. A good number of those deaths and wounds may be attributed to the lack of proper equipment. We went into that situation, this administration sent our military forces into that circumstance there, without properly preparing for what they had to confront. In fact, they didn't have any idea what they were likely to confront. Many of the issues are that we have not developed the kinds of protection, the kinds of equipment, including transportation equipment and personal protection equipment, a whole host of things that are relevant to this situation, while we spend billions of dollars on materials that may have been necessary during the Cold War but which are no longer necessary now. We need what this amendment calls for, a re-evaluation of those military activities and equipment, and this is a very simple thing, and it should be done. The Acting CHAIRMAN. The question is on the amendment offered by the gentlewoman from California (Ms. Woolsey). The question was taken; and the Acting Chairman announced that the ayes appeared to have it. Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentlewoman from California will be postponed. [[Page H5254]] Amendment No. 38 Offered by Mr. Israel The Acting CHAIRMAN. It is now in order to consider amendment No. 38 printed in House Report 110-151. Mr. ISRAEL. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 38 offered by Mr. Israel: At the appropriate place in title XII of the bill (relating to matters relating to foreign nations), insert the following new section: SEC. 12_. REPORT ON OPERATIONAL STATUS OF THE AIRFIELD LOCATED IN ABECHE, CHAD. (a) Findings.--Congress finds the following: (1) Sudan has been ravaged by civil war for four decades. (2) More than two million people have died in Southern Sudan over the past two decades due to war-related causes and famine and millions have been displaced from their homes. (3) The airfield located in Abeche, Chad is near the border between Chad and Sudan. (4) Although the Abeche airfield is currently used for military transportation and humanitarian missions, it may be in need of upgrades to allow for increased air traffic, including upgrades to the airstrip and hangers. (b) Sense of Congress.--It is the sense of Congress that the United States, with the concurrence of the Government of Chad, should help provide for the necessary upgrades to the airfield located in Abeche, Chad in order to support potential North Atlantic Treaty Organization operations, facilitate a possible United Nations deployment to Chad and the Darfur region of Sudan, and support humanitarian operations. (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 the current operational status of the airfield located in Abeche, Chad and recommendations for upgrades to the Abeche airfield to support enhanced operations and a large increase in air traffic, including a cost-estimate for such upgrades. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from New York (Mr. Israel) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from New York. Mr. ISRAEL. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I have drafted this amendment with the gentlewoman from California (Ms. Lee) to send a clear and unequivocal message to the Government of Sudan that we will proactively explore every option and bear the burdens necessary to help stop the genocide in Darfur. 400,000 innocent people have been murdered in Darfur, 2 million refugees, and through it all, the Government of Sudan tests the will and the patience of the United States, the United Nations and the entire world. This amendment says that we have the will and we are running out of patience. One hundred miles from Darfur in Chad is the Abeche Air Base. If diplomacy fails, if Sudan continues to defy the world and perpetuate this genocide, that air base can be used for potential NATO operations. It can be used for a possible U.N. peacekeeping force. It can be used for humanitarian missions. Our amendment expresses the will of Congress to make the upgrades necessary to that air base and requires the Department of Defense to report within 90 days on specifically what upgrades may be necessary and what the costs will be. It says to Sudan, we will not turn our backs, we will not close our eyes, we will prepare. I urge passage of this amendment. Mr. Chairman, I reserve the balance of my time. Mr. HUNTER. Mr. Chairman, I'm not in opposition to the amendment, but I ask unanimous consent to claim the time in opposition. The Acting CHAIRMAN. Without objection, the gentleman from California is recognized for 5 minutes. There was no objection. Mr. HUNTER. Mr. Chairman, if Mr. Israel had additional speakers, I'd be happy to defer to him and then take my time afterwards, if he has somebody ready to talk. Mr. ISRAEL. I very much thank the gentleman, and I yield 2 minutes to the gentlewoman from California (Ms. Lee). Ms. LEE. Mr. Chairman, first, I want to thank the gentleman from New York for your leadership and for your commitment to ending this horrific genocide. This is an issue that we have worked on together for a while. This issue has been bipartisan, and once again, this is one step forward to hopefully end the carnage that's taking place in Darfur. So I thank Mr. Israel again for your commitment to end this. This amendment is really very simple. It seeks to expand the delivery of humanitarian assistance and to speed the deployment of peacekeepers to the Darfur region of Sudan by exploring the possibility of upgrading a nearby airfield in Abeche, Chad. The amendment expresses the sense of Congress that we should work with the Government of Chad to upgrade this airfield. It also requests that the Pentagon provide Congress with a report on the current operational status of the airfield, including recommendations and cost estimates for upgrading it to accommodate the enhanced operations and increased air traffic. We have spoken out repeatedly on this floor in condemnation of the ongoing genocide in Darfur, but it bears repeating that nearly 3 years ago, on July 22, 2004, under the leadership of a great leader, Congressman Don Payne, Congress declared that genocide was taking place in Darfur. To date, estimates indicate that nearly 450,000 people have been killed, and 2.5 million innocent civilians have been displaced. Quite simply, genocide is happening on our watch, and we have a responsibility to utilize every tool at our disposal to put a stop to it. This is another effort in that direction, and so I want to thank Mr. Israel for your leadership. Not only must we do this. We must pursue divestment for companies doing business in Khartoum. We must lean on China to leverage their influence with Sudan to help stop the violence, and we must continue to urge all parties, the rebels and the government, to lay down their arms and come to the table to negotiate a political situation, but we cannot and we should not hold a cease-fire declaration hostage to a peace agreement or vice versa. So please support this amendment. I thank Mr. Israel again for your leadership. Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I want to thank Mr. Israel and Ms. Lee for bringing this amendment. We all have our eyes focused on the warfighting theaters in Iraq and Afghanistan, and if we turn our focus to Darfur and look at the history and the number of deaths which number, and the estimates I have seen are between 250,000 and 400,000, many of them inflicted by this so-called janjaweed militia which comes into villages in Darfur and ravages the village, burns them, we have seen the pictures that have been circulated by our own Member, Mr. Wolf, and by Senator Brownback from their recent trips, which show burned-out villages with the women abused, with many of the villagers killed, some of them killed by strafings, by helicopter gunships which have been purchased from China and from Russia, with small arms sales taking place specifically from the Chinese and the Russians. And we see a situation in which the Free World and the civilized world has not been able to have much of an effect. I'd ask Mr. Israel, my colleague, of your take on this very difficult situation. Mr. ISRAEL. Mr. Chairman, will the gentleman yield? Mr. HUNTER. I yield to the gentleman from New York. Mr. ISRAEL. Mr. Chairman, I appreciate it. The gentleman is correct. That is, in fact, exactly what we are trying to get at, and that is embodied in this resolution, and I want to thank the gentleman. This is an example of where Republicans and Democrats can agree. We argue about a lot on this floor, but let there be no mistake. When there is genocide, when there are massacres, Republicans and Democrats will stand together in opposition to that genocide. Talking about it is not enough. We need to prepare for all contingencies, and that's what this resolution does. Mr. HUNTER. I thank the gentleman, and let me make an offer to this gentleman. You have got this great idea of using this airfield, which is about 100 miles from the border, to bring in nongovernmental organizations which can bring [[Page H5255]] in food, bring in medicine to the displaced villagers. We work in my office with a number of groups, one of them called Rescue Task Force, which has built medical centers around the world and brought in food and medicine in many very difficult situations. I'd like to offer to work with the gentleman with this nongovernmental organization, Rescue Task Force, and others to bring in food and medicine to that particular location. Let's see if we can't maybe help lead out by getting some NGOs to start using this particular airfield. And I'll be happy to join the gentleman; I know Mr. Saxton will be happy to join in this, Mr. Wolf and others. Let's get a letter, maybe a meeting with the State Department, with the administration, see if we can't get this review of this airfield immediately and start getting some supplies into it, and maybe we can lead the world, the humanitarian world, as Americans, as we do so often, in moving supplies into the airfield that you have identified. So I support this very, very strongly. And I didn't know if Mr. Saxton wanted to involve himself in this discussion, but I know he wants to help here, too. If the gentleman would take me up on that offer, and if he's got a nongovernmental organization in mind, let's move out on this one. It looks like an excellent, excellent opportunity for cooperating and helping. Mr. Chairman, I yield back my time. Mr. ISRAEL. Mr. Chairman, I yield 2 minutes to the distinguished gentlewoman from Texas (Ms. Jackson-Lee). Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished gentleman from New York (Mr. Israel) for yielding and thank you for the leadership given. We join you and we thank Congresswoman Barbara Lee as well. We have been working, Congressman Payne, members of the Congressional Black Caucus, and this entire caucus have been working on this issue, and want to thank you for, I think, what is a holistic, bipartisan approach. I would call it an undiscovered airfield, but it is not. Obviously, it is an airfield that represents a strategic location for the goals of your amendment. I think it's important to note that the slaughter still continues in Darfur; the slaughter still continues in Sudan. And I was told just recently, and I appreciate the Save Darfur Coalition that we have all worked with that repeatedly come to your offices and tell you that the slaughter still goes on, that humanitarian workers have also been put in jeopardy. Women who are trying to get firewood, and isn't it a simple task? And many of us don't understand, they are still getting firewood, and that is, women who are leaving villages, even in Chad, where I have gone to the refugee camps, women will leave those refugee camps to get, if you will, the firewood for their income, for their survival, and will be raped and sometimes beaten as they go to do that. {time} 1915 To have a place for the humanitarian workers and the airlift that is necessary, both in Darfur and also in other regions of Sudan, can be lifesaving. I hope, as the ranking member of the full committee indicated his interest of collaboration, that we too can collaborate and work with you and work with this final solution. I like to call it final, because, as you well know, the deaths are peaking. I want to say to the ranking member, Mr. Hunter, as I also thank the chairman of the full committee, because this is a unique amendment. Both of you, of course, had to agree on the uniqueness of this amendment. But the idea of it is that humanitarian workers are not safe. Therefore, it is important for those humanitarian workers to be safe. I simply say this is an excellent amendment. I thank you, and I encourage everyone to support and vote for this amendment in order to save lives in the Sudan. Mr. ISRAEL. Mr. Chairman, I will wrap up. We have heard this evening that this resolution enjoys bipartisan support and support with Members with different ideologies. The cosponsor of this amendment, the gentlewoman from California (Ms. Lee), and I have different ideologies. I tend to lean to the right on national security issues, she tends to lean to the left. But we are united in sending a message around the world that we will not allow genocide to occur. After the Holocaust, the world embraced the slogan, ``Never Again.'' What this resolution does is say that we will explore every option to keep our promise to that slogan so that it is not just words. I also want to point out that the resolution, in addition to having the support of the distinguished ranking member of the House Armed Services Committee, Republicans and Democrats, also was supported by Citizens for Global Slogans, Enough, the Project to Abolish Genocide and Mass Atrocities, the Genocide Intervention Network, the Save Darfur Coalition and the Truman National Security Project. This is something that we can all agree on. I am grateful to the chairman of the Armed Services Committee. Mr. HUNTER. Would the gentleman yield? Mr. ISRAEL. I will yield to my friend. Mr. HUNTER. I thank the gentleman for yielding. Let me offer we have these great nongovernmental organizations, we have a lot of people who have been displaced and abused in Darfur. They desperately need food and medicine. I will commit to the gentleman that we will try to work with these NGOs that we know of and let's try to work together in a partnership and try to get a plane load of supplies into that airfield or another one by the first of July. That's a little more than a month from now. Let's work together. We will start working today to try to get this done. Let's prod the good old State Department and DOD to get out there and survey that airfield. Mr. ISRAEL. Reclaiming my time, I appreciate the gentleman's exuberance. I certainly will work with him and with the chairman of the Armed Services Committee to work on a truly bipartisan effort that genocide will not be tolerated, and we will explore every option and push every button we need to. I thank the gentleman. We will work with him. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The question is on the amendment of the gentleman from New York (Mr. Israel). The amendment was agreed to. Amendments En Bloc No. 2 Offered by Mr. Skelton Mr. SKELTON. Mr. Chairman, I offer amendments en bloc. The Acting CHAIRMAN. The Clerk will designate the amendments en bloc. Amendments en bloc consisting of amendments numbered 2, 3, 6, 12, 13, 22, 23, 24, 25, 39, 44, 45 and 46 printed in House Report 110-151 offered by Mr. Skelton: Amendment No. 2 Offered by Mr. Saxton The text of the amendment is as follows: At the end of title X, add the following new section (and conform the table of contents accordingly): SEC. 1055. BACKGROUND INVESTIGATIONS REQUIRED FOR CIVILIANS ENTERING MILITARY FACILITIES AND INSTALLATIONS. (a) Background Investigations.-- (1) In general.--Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1567. Civilian entry to military installations or facilities: background investigation required ``(a) In General.--Any unescorted civilian seeking access to a military installation or facility, or any civilian who is an employee of a contractor or vendor of a military installation or facility, may not be allowed to enter the installation or facility unless a background investigation has been conducted on such individual in accordance with subsection (b). ``(b) Background Investigation.--A background investigation required under this section-- ``(1) shall be conducted by the Department of Defense through the National Crime Information Center of the Federal Bureau of Investigation; ``(2) shall verify the citizenship of the individual and make every effort to verify the individual's true identity; and ``(3) shall determine whether there is an outstanding warrant for the individual's arrest and whether the individual is on a terrorist watch list. ``(c) Exemption for Department of Defense Identification Card Holders.--The requirement for a background investigation under this section shall not apply to individuals possessing a valid Department of Defense identification card. ``(d) Waiver for Community Events.--The base commander of a military installation or facility may waive the requirement for a [[Page H5256]] background investigation under this section for persons attending base-sponsored community activities.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1567. Civilian entry to military installations or facilities: background investigation required.''. (b) Effective Date.--Section 1567 of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act. Amendment No. 3 Offered by Mr. Ortiz The text of the amendment is as follows: At the end of title XXXV add the following: SEC. __. REPORT OF VESSEL DISPOSAL PROGRAM. Not later than October 1, 2007, the Secretary of Transportation shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning the current plan for the disposal of non-retention vessels in the National Defense Reserve Fleet. The report shall include a listing of the vessels that the Maritime Administrator determines have the highest risk for environmental damage to the local estuary if further deterioration continues, an explanation of the classification system used to make such determination, and a detailed plan for the disposal of those vessels identified as significant environmental risks. Amendment No. 6 Offered by Mr. Smith of Washington The text of the amendment is as follows: Strike section 233 and insert the following: SEC. 233. REDUCTION OF AMOUNTS FOR ARMY VENTURE CAPITAL FUND DEMONSTRATION. The amount in section 201(1), research, development, test, and evaluation, Army, is hereby reduced by $10,000,000, to be derived from the Army Venture Capital Fund demonstration. Amendment No. 12 Offered by Mr. Johnson of Georgia The text of the amendment is as follows: At the end of title XXIV, add the following new section: SEC. 2405. WOUNDED WARRIOR FACILITY SUPPORT. (a) Authorization of Additional Projects.--Using amounts appropriated pursuant to the authorization of appropriations in section 2404(a)(9), the Secretary of Defense is authorized to carry out the following additional projects (in the following amounts): (1) National Naval Medical Center, Bethesda, Maryland Enhanced Warrior Care Center, $33,000,000. (2) DeWitte Army Medical Center, Fort Belvoir, Virginia: (A) Enhanced Fort Belvoir Capability, $43,000,000. (B) Fort Belvoir Price Inflation/Scope Adjustment $93,000,000. (b) Offsets.--To offset the funds needed for the projects referred to in subsection (a), an undistributed reduction to the authorization of appropriations in section 2404(a)(9) is provided in the amount of $169,000,000. Amendment No. 13 Offered by Ms. Slaughter The text of the amendment is as follows: At the end of subtitle B of title XXVIII, add the following new section: SEC. 2817. 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. Amendment No. 22 Offered by Mr. Moran of Virginia The text of the amendment is as follows: At the end of subtitle C of title XXVIII, add the following new section: SEC. 2822. CONDITIONS ON TRANSFER OF MILITARY PERSONNEL AND CIVILIAN EMPLOYEES TO FORT BELVOIR, VIRGINIA, AS PART OF REALIGNMENT OF THE INSTALLATION. Notwithstanding section 2904(a)(5) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), members of the Armed Forces and civilian employees of the Department of Defense who are scheduled to be relocated to Fort Belvoir, Virginia, as a result of the closure of leased-office space in Arlington, Virginia, pursuant to the recommendations contained in the report transmitted to Congress on September 15, 2005, under section 2903(e) of such Act may not be relocated to Fort Belvoir, until-- (1) the Secretary of the Army submits to Congress written certification that the necessary transportation infrastructure, as identified by the environmental impact statement prepared by the Department of the Army for the Fort Belvoir realignment, to accommodate the total number of members and civilian employees to be assigned to Fort Belvior and their dependents, is substantially completed; and (2) the 60-day period beginning on the date on which the certification is submitted under paragraph (1) expires. Amendment No. 23 Offered by Ms. Jackson-Lee of Texas The text of the amendment is as follows: At the end of subtitle D of title X, add the following new section: SEC. 1034. REPORT ON IMPACT ON FAMILIES OF MILITARY PERSONNEL SERVING MULTIPLE OVERSEAS DEPLOYMENTS. Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the impact, including the financial and emotional effects, of multiple overseas deployments on the families of members of the Armed Forces serving those multiple deployments as part of Operation Iraqi Freedom and Operation Enduring Freedom. Amendment No. 24 Offered by Ms. Jackson-Lee of Texas The text of the amendment is as follows: Title V, subtitle C, add at the end the following: SEC. 5__. INTENSIFIED EFFORTS TO PUBLICIZE AND AWARD SCHOLARSHIPS TO STUDENTS ATTENDING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND HISPANIC- SERVING INSTITUTIONS. The Secretary of Defense shall take due care to ensure that the Army National Guard and Reserve ROTC scholarships provided in this title are available to students attending Historically Black Colleges and Universities that are part B institutions as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) and minority institutions (as defined in section 365(3) of that Act (20 U.S.C. 1067k(3))) and Hispanic-serving institutions as that term is used in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). Amendment No. 25 Offered by Mr. Tom Davis of Virginia The text of the amendment is as follows: At the end of title XI, add the following: SEC. 1112. EXTENSION OF INFORMATION TECHNOLOGY EXCHANGE PROGRAM WITH RESPECT TO THE DEPARTMENT OF DEFENSE. Section 3702(d) of title 5, United States Code, is amended by striking all that follows ``may commence after'' and inserting the following: ``the end of-- ``(1) the 5-year period beginning on the date of the enactment of this chapter, except as provided in paragraph (2); or ``(2) in the case of the Department of Defense, the 8-year period beginning on the date of the enactment of this chapter.''. Amendment No. 39 Offered by Mr. Israel The text of the amendment is as follows: At the end of subtitle D of title X, add the following new section (and conform the table of contents accordingly): SEC. 1034. COMMERCIAL AVIATION TECHNOLOGIES. (a) Study.--The Secretary of Defense shall conduct a study to examine the methods by which United States air carriers and aviation technology companies research, develop, and deploy commercial aviation technologies, including processes and products, and to determine the applicability of the technologies to military use. (b) Contents.--In conducting the study, the Secretary shall determine whether technologies developed for commercial air carriers in any of the following areas are well-suited for technology transition programs: (1) Flight planning. (2) Flight operations and tracking. (3) Aircraft maintenance, repair, and overhaul. (4) Increasing fuel efficiency. (5) Optimizing labor productivity. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report on the results of the study, together with recommendations on whether the Department of Defense would benefit from commercial aviation technology solutions and, if so, which types of solutions would best support the mission of the Department. Amendment No. 44 Offered by Mr. Boren The text of the amendment is as follows: At the end of subtitle H of title V insert the following new section: SEC. 577. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF MEMBERS OF THE ARMED FORCES. (a) Prohibition.--Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 988. Unauthorized use of names and images of members of the armed forces ``(a) Prohibition.--Except with the permission of the individual or individuals designated under subsection (d), no person may knowingly use the name or image of a protected individual in connection with any [[Page H5257]] merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to connect the protected individual with that individual's service in the armed forces. ``(b) Authority to Enjoin Violations.--Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. ``(c) Protected Individual.--For purposes of this section, a protected individual is any person who-- ``(1) is a member of the armed forces; or ``(2) was a member of the armed forces at any time after April 5, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling. ``(d) Designated Individual or Individuals.--(1) The individual or individuals designated under this subsection, with respect to a protected individual-- ``(A) is the protected individual, if living; and ``(B) otherwise is the living survivor or survivors of the protected individual highest on the following list: ``(i) The surviving spouse. ``(ii) The children. ``(iii) The parents. ``(iv) The grandparents. ``(v) The siblings. ``(2) In the case of a protected individual for whom more than one individual is designated under clause (ii), (iii), (iv), or (v) of paragraph (1)(B), the prohibition under subsection (a) shall apply unless permission is obtained from each designated individual.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``988. Unauthorized use of names and images of members of the armed forces.''. Amendment No. 45 Offered by Mr. Lipinski The text of the amendment is as follows: At the end of subtitle E of title XXVIII, add the following new section: SEC. 28__. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND BULBS IN DEPARTMENT OF DEFENSE FACILITIES. (a) Construction and Alteration of Buildings.--Each building constructed or significantly altered by the Secretary of Defense or the Secretary of a military department shall be equipped, to the maximum extent feasible as determined by the Secretary concerned, with lighting fixtures and bulbs that are energy efficient. (b) Maintenance of Buildings.--Each lighting fixture or bulb that is replaced in the normal course of maintenance of buildings under the jurisdiction of the Secretary of Defense or the Secretary of a military department shall be replaced, to the maximum extent feasible as determined by the Secretary concerned, with a lighting fixture or bulb that is energy efficient. (c) Considerations.--In making a determination under this section concerning the feasibility of installing a lighting fixture or bulb that is energy efficient, the Secretary of Defense or the Secretary of a military department shall consider-- (1) the life cycle cost effectiveness of the fixture or bulb; (2) the compatibility of the fixture or bulb with existing equipment; (3) whether use of the fixture or bulb could result in interference with productivity; (4) the aesthetics relating to use of the fixture or bulb; and (5) such other factors as the Secretary concerned determines appropriate. (d) Energy Star.--A lighting fixture or bulb shall be treated as being energy efficient for purposes of this section if-- (1) the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or (2) the Secretary of Defense or the Secretary of a military department has otherwise determined that the fixture or bulb is energy efficient. (e) Significant Alterations.--A building shall be treated as being significantly altered for purposes of subsection (a) if the alteration is subject to congressional authorization under section 2802 of title 10, United States Code. (f) Waiver Authority.--The Secretary of Defense may waive the requirements of this section if the Secretary determines that such a waiver is necessary to protect the national security interests of the United States. (g) Effective Date.--The requirements of subsections (a) and (b) shall take effect one year after the date of the enactment of this Act. Amendment No. 46 Offered by Mr. Altmire The text of the amendment is as follows: At the end of subtitle G of title VI insert the following: SEC. 674. LEAVE FOR MILITARY FAMILIES. (a) Entitlement to Leave.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following new subparagraph: ``(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.''. (b) Intermittent or Reduced Leave Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following new sentence: ``Subject to subsection (e)(3) and section 103(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by striking ``or (C)'' and inserting ``(C), or (E)''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(3) Notice for leave due to active duty of family member.--In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable based on notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reasonable and practicable.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following new subsection: ``(f) Certification for Leave Due to Active Duty of Family Member.--An employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.''. (f) Definition.--Section 101 of such Act (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Contingency operation.--The term `contingency operation' has the same meaning given such term in section 101(a)(13) of title 10, United States Code.''. In the table of contents in section 2(b), after the item relating to section 673 insert the following new item: Sec. 674. Leave for military families. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from Missouri (Mr. Skelton) and the gentleman from California (Mr. Hunter) each will control 10 minutes. The Chair recognizes the gentleman from Missouri. Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Georgia (Mr. Johnson), a member of the Armed Services Committee. Mr. JOHNSON of Georgia. Mr. Chairman, I would like to begin by thanking Chairman Skelton and Ranking Member Hunter for constructing such an impressive bill. We in Congress have no greater duty than that of taking care of our soldiers, marines, sailors and airmen when they are serving both abroad and at home. Our wounded heroes face a system which, while it provided extraordinary service to many, has undergone serious challenges in the proper treatment of some who have given us so much. This amendment would provide necessary facility improvements at both the National Naval Medical Center, Bethesda, and DeWitt Army Medical Center to support commercial medical standards. Furthermore, this would provide the necessary consolidation of medical activities to ensure high standards of care, or to ensure that high standards of care are available to our wounded soldiers. It would also renovate existing semi-private bedrooms to create additional single-occupant rooms, which ensure greater privacy, improved infection control, and space for families to room in. Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from New Jersey (Mr. Saxton). Mr. SAXTON. Thank you very much, Mr. Hunter, for yielding. Mr. Chairman, one of the provisions that is contained in this en bloc amendment is a provision that will help provide a higher level of security for our military personnel in the continental United States. As most of you probably read in the newspaper, a terrorist cell was apprehended in Cherry Hill, New Jersey, a short time ago. They had been planning a small arms attack on soldiers, Reservists, actually, who were preparing to be deployed to Iraq and Afghanistan at Fort Dix. One of the elements of this planning involved a pizza delivery man. The pizza delivery man would access the base to deliver pizza to soldiers in the [[Page H5258]] evening who had completed their day's training. As the apprehension was made, it was disclosed that this individual had actually entered onto the base, memorized the roads and the buildings on the base, and had actually drawn a map to provide to the other members of the cell who would take part in the attack. This provision that's in this en bloc amendment would provide some extra tools for base commanders to be sure that people who enter onto Federal installations would have a background check done through the FBI, as well as through the Department of Homeland Security where immigration records are kept. I want to thank Mr. Andrews for his high level of cooperation on this, and also to express my thanks to the chairman for agreeing to make this provision part of this en bloc amendment. I understand there are some questions about it. Mr. Andrews and I, I won't speak for him, as we work through this, between now and the time we get a conference report, there may be some changes that are necessary. The last thing we want to do is to unduly restrict civilian activities, legitimate civilian activities on and around military bases. So I look forward to working with the chairman, the ranking member and Mr. Andrews and others who may be interested to make sure that we do not do something that is harmful to morale or stymies activities on or around military bases. Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from Louisiana (Mr. Boustany). Mr. BOUSTANY. I thank the ranking member. Mr. Chairman, the purpose of the amendment that we have is plain and simple. It's to protect the privacy of America's fallen heroes and their families. Along with my colleague and friend from Oklahoma, Congressman Boren, I introduced this measure at the request of mothers of Marine Private David Burridge and Army Corporal Joseph Thibodeaux, both of Lafayette, Louisiana, who lost their lives in Iraq in September of 2004. While still recovering from the shock and the loss of their children, these mothers were appalled to discover the names of their sons had been printed on the back of T-shirts and sold for profit. This amendment before us today requires that our military men and women, or their surviving relatives, be the sole decisionmaker in consenting to use their name or image for commercial purposes. While there is no way to ever express in words the significance of their sacrifice, we have a duty to honor and protect their memories and, most importantly, their rights. No one can dispute that Americans, and particularly Members of this body, have fundamental differences over the war in Iraq. All Americans certainly have a right to express these views in public, but Americans, and particularly our fallen heroes and their families, also have a right to protect their names and images from commercial exploitation. This amendment accomplishes just that. I want to thank Chairman Skelton, our Ranking Member Hunter, as well as the Rules Committee for allowing this amendment to come to the floor. I urge our colleagues to support this nonpartisan legislation. Mr. SKELTON. Mr. Chairman, I yield 1 minute to a member of the Armed Services Committee, my friend from Oklahoma (Mr. Boren). Mr. BOREN. Thank you, Mr. Skelton. I also want to thank our colleague from Louisiana (Mr. Boustany) and our ranking member, Mr. Duncan Hunter. Mr. Chairman, this amendment prohibits the commercial use of our troops' names and images without permission. The need for this protection was first brought to my attention by Judy Vincent, a constituent who lost her son, Marine Corporal Scott Vincent, to a suicide bomber in Fallujah in April of 2004. Since that time, Judy has found Internet vendors using the name and likeness of her son and other fallen soldiers on their merchandise. Bills were signed into law in Oklahoma and Louisiana last year to address this abuse, but Judy's story made it clear that there were hundreds, perhaps thousands of American families out there facing the same problem, and only a Federal law will offer the protection that they deserve. This amendment isn't about financial restitution, stifling debate on the war, even putting people in prison. It's about respecting the privacy of our soldiers and their families. I urge my colleagues to support this amendment. Mr. SKELTON. Mr. Chairman, I yield 1 minute to my colleague and friend, the gentleman from Pennsylvania (Mr. Altmire). Mr. ALTMIRE. Mr. Chairman, ongoing military engagements and extended deployments impact not only our troops, but also the families of our brave men and women in uniform. Military families are struggling to balance everything from their financial obligations to child care responsibilities. I offer this amendment to address this and provide military families with some relief. This amendment allows the immediate family of military personnel to use Family Medical Leave Act time for issues directly arising from deployment and extended deployments. The wife of a recently deployed military servicemember could use the Family Medical Leave Act to arrange for child care. The husband of a servicemember could use the Family Medical Leave Act to attend predeployment briefings and family support sessions. The parents of a deployed servicemember could take Family Medical Leave Act time to see their raised child off or welcome them back home. This amendment does not expand eligibility to employees not already covered by the Family Medical Leave Act. I urge my colleagues to support this amendment. Mr. HUNTER. Mr. Chairman, how much time do we have on this? The Acting CHAIRMAN. The gentleman from California has 5 remaining minutes, and the gentleman from Missouri has 6\1/2\ minutes remaining. Mr. HUNTER. Thank you. I just wanted to say that we strongly support this amendment on this side. We think it's an excellent amendment. We thank both of the authors, the gentleman from Louisiana and the gentleman from Oklahoma, for bringing this amendment to us. We support it very strongly. Mr. Chairman, I yield back the balance of our time. Mrs. TAUSCHER. Mr. Chairman, I yield 1 minute to my friend and colleague, the gentleman from Illinois (Mr. Lipinski). {time} 1930 Mr. LIPINSKI. Mr. Chairman, I would like to thank Chairman Skelton and Ranking Member Hunter for placing this amendment en bloc. It is a bipartisan amendment that I offered along with Mr. Inglis, Mr. Markey, and Mr. Kirk. This amendment simply requires the Department of Defense, where feasible, to begin using high-efficiency light bulbs whenever a light bulb is installed. Currently, compact fluorescent light bulbs, known as CFLs, are the most energy efficient. CFLs use about 75 percent less energy than standard bulbs, last 8 to 10 times longer and can save over $74 over the lifetime of a single bulb. When you consider that the DOD has over 240,000 buildings in the U.S. alone, it is clear that this requirement is a practical way to make significant progress in lowering energy consumption, reducing greenhouse gas emissions, and promoting energy independence while at the same time saving millions of taxpayer dollars. At a time when we struggle with a new energy plan, this is a rare win-win-win opportunity, and I ask for your support. Mr. HUNTER. Mr. Chairman, I rise to claim the time in opposition to this, although I do not oppose the amendment. The Acting CHAIRMAN. Without objection, the gentleman from California reclaims the time that he yielded back. There was no objection. Mr. HUNTER. Thank you, Mr. Chairman. That's exactly what I wanted to do. I just wanted to get on the record that I support this amendment very strongly, the idea of saving energy. I would hope that the gentleman would agree that, wherever possible, the energy-saving devices, these light bulbs, should be made in the United States. [[Page H5259]] They are paid for with Department of Defense funds. The average American worker spends over $1,000 a year out of his or her paycheck to support the defense function of government, and it is appropriate that American workers be allowed to make the new, innovative, energy-saving devices that we are using at bases throughout the country. I yield to the gentleman to ask him if he wouldn't agree with me that, wherever it is practical, that American-made bulbs should be used in this replacement program. I yield to the gentleman. Mr. LIPINSKI. I certainly agree with the gentleman, and I think we need to do more to make sure we are enforcing our Buy America provisions that we currently have in law, and certainly we need to do it here. Mr. HUNTER. I thank the gentleman. Mr. Chairman, I yield back the balance of my time. Mrs. TAUSCHER. Mr. Chairman, I yield 2 minutes to my friend and colleague, the gentlewoman from Texas (Ms. Jackson-Lee). (Ms. JACKSON-LEE asked and was given permission to revise and extend her remarks.) Ms. JACKSON-LEE of Texas. I thank the distinguished speaker, chairman, and gentlelady from California. I rise to offer and to support the en bloc amendments, and to speak particularly to amendment No. 23 which regards the emotional and financial impact of multiple deployments. This amendment is simple. It requires the Secretary of Defense to study and report back to Congress the financial and emotional impact of multiple deployments on the families of those soldiers who serve multiple tours. We all are concerned about our soldiers and, likewise, their families. In a report by Dr. Hoge, a study indicated that 94 percent of soldiers in Iraq reported receiving small arms fire, 86 percent of soldiers in Iraq reported knowing someone who has been seriously injured or killed, and 68 percent reported seeing dead or seriously injured Americans; 51 percent reported handling or uncovering human remains; and the majority, 77 percent of soldiers deployed to Iraq, reported shooting or directing fire at the enemy. All of this impacts their families, and we found anxiety, fatigue, stress, and other aspects that impact the wives and children as well. The National Military Families have indicated a series of recommendations for the Department of Defense. I believe this study will help the entire entity of the military make us stronger and certainly respond to the needs of our military and their families. My amendment No. 24 recognizes that in 1948 the military was desegregated; integration had increased the percentage of African Americans in the enlisted ranks. We see high numbers of Hispanics and Asians and others. This amendment simply acknowledges the existence of the ROTC scholarship and asks that there be an outreach to ensure that this information be given to Hispanic-serving institutions and African American-serving institutions, historically black colleges. The importance of this amendment is to ensure the outreach and the opportunities for our young people who are placed around the Nation. Patriotism is certainly not guided by region or colleges to which you go. I ask my colleagues to support these amendments, one to take a holistic view of the redeployment and the impact on our families, and, two, to outreach to our young people no matter where they attend college and where they live for the established ROTC and other military scholarships. I thank the chairman and ranking member for allowing me to explain my amendments to H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008. There is no greater champion of our men and women in uniform than my good friend Mr. Skelton, the gentleman from Missouri, and distinguished chair of the Armed Services Committee. That is why I appreciate the chairman's support for my amendments. Mr. Chairman, in light of the fact that our Nation is in the midst of an ugly war, and in the context of the ongoing fight against terrorism, this piece of legislation is probably the most important piece of legislation that the 110th Congress will pass. It is in that spirit that I offer my amendments today. Each of my amendments plays a vital role in ensuring that our courageous troops maintain their status as the best in the world. Accordingly my amendments also reinforce the message to our troops that they are our most precious resource, and we do not take their efforts for granted. Amendment No. 24--Scholarships for HBCU students This amendment requires the Secretary of Defense to take the necessary steps to ensure that Army National Guard and Reserve ROTC scholarships are available to students attending historically black colleges and universities, and Hispanic serving institutions. The military is the American institution that has done more than any other to recognize that it does not have a person to waste. It is therefore no surprise that the Armed Forces of the United States, which were completely segregated 60 years ago and riven by racial strife 30 years ago during the Vietnam war, is today the finest fighting force in the history of the world and enjoys more racial peace, harmony, and integration than any other major institution, including higher education and organized religion. After being desegregated in 1948, by the 1970s, integration had increased the percentage of African-Americans in the enlisted ranks, but the percentage of minorities comprised less than 3 percent of the officer corps and perceptions of discrimination were pervasive. The deficiency in the officer corps and the discrimination perceived to be its cause led to low morale and heightened racial tension. The danger this created was not theoretical. As the Vietnam war continued, the Armed Forces suffered racial polarization, severe disciplinary problems, and racially motivated incidents in Vietnam and on posts around the world. In Vietnam, racial tensions reached a point where there was an inability to fight and the lack of minority officers substantially exacerbated the problem. The absence of minority officers seriously threatened the military's ability to function effectively and fulfill its mission to defend the Nation. To eliminate that threat, the armed services moved aggressively to increase the number of minority officers and to train officers in diverse educational environments. The Pentagon set recruitment goals for the service academies and the ROTC programs and worked hard to expand the pool of highly qualified minority candidates in a variety of explicitly race-conscious ways. They also employ race as a factor in recruiting and admissions policies and decisions. These efforts have substantially increased the percentage of minority officers. Today, among active duty officers, 81 percent are white, and the remaining 19 percent are minority, including 8.8 percent African- American, 4 percent Hispanic, 3.2 percent Asian-American, and .6 percent Native American. The military recognizes that its officer corps must continue to be diverse or the cohesiveness essential to the military mission will be critically undermined. After all, for people who fight wars to preserve the peace, it can be a matter of life and death. Presently the military, unlike any other industry including corporate America and the entertainment industry, offers a realistic opportunity for young people of color and women to make career advancements. In an industry that truly judges you on merit and not the color of your skin, the military is a leader in the practice of diversity. This amendment ensures that people of color and women continue their great legacy in the greatest military in the world. Amendment No. 23--Emotional and Financial Impact of Multiple Deployments This amendment requires the Secretary of Defense to study and report back to Congress the financial and emotional impact of multiple deployments on the families of those soldiers who serve multiple tours overseas. Words cannot explain the pain and the sense of pride that some families feel when they say good-bye to a loved one. Behind those brave smiles, hugs, and kisses is an undying and unnerving uncertainty about what can happen to a spouse, child, father, or mother. Depending on the extent of that soldier's injury, a family can suffer serious economic consequences as a result, not to mention the emotional impact of seeing a loved one in that state. Even under the best of circumstances, where a soldier serves multiple terms and returns with no major injuries, valuable time is lost between a parent and child and between spouses that can never be returned. The mental health of our soldiers will have a lasting effect on not only these soldiers but their families as well. The current conflicts in Afghanistan and Iraq are the most continuous combat operations since Vietnam. Only one comprehensive study has examined the mental health impact of the wars in Afghanistan and Iraq, and that was performed by Charles W. Hoge, MD. This study looked at the experience of soldiers in the war zone and symptoms of psychological distress. Soldiers in Iraq are at risk for being killed or wounded themselves, are likely to have witnessed the suffering of others, and may have participated in [[Page H5260]] killing or wounding others as part of combat operations. All of these activities have a demonstrated association with the development of PTSD. Dr. Hoge's study indicated that 94 percent of soldiers in Iraq reported receiving small-arms fire. In addition, 86 percent of soldiers in Iraq reported knowing someone who was seriously injured or killed, 68 percent reported seeing dead or seriously injured Americans, and 51 percent reported handling or uncovering human remains. The majority, 77 percent, of soldiers deployed to Iraq reported shooting or directing fire at the enemy, 48 percent reported being responsible for the death of an enemy combatant, and 28 percent reported being responsible for the death of a noncombatant. Despite the extensive training and resilience that our soldiers are known for they are still human, and these traumatic events will have an impact on their lives. As my colleague from Arizona, Gabrielle Giffords, mentioned this morning, one in five soldiers is suffering from depression, anxiety or stress. Likewise 20 percent face marital problems including divorce or legal separation from their spouse. Military families need greater psychological, emotional, and organizational assistance according to the results of a new survey released March 28 of this year by the National Military Family Association, NMFA. The study, ``Cycles of Deployment Report,'' which focused on the needs of military families, shows service members and military families are experiencing increased levels of anxiety, fatigue, and stress. In response, NMFA outlined recommendations for meeting these challenges amid multiple and extended deployments, increased rates at which service members are called upon for service, and the heavy reliance on National Guard and Reserve forces. This report clearly shows the range of support programs for families has expanded since the start of the war on terror. However, multiple deployments and a high operations tempo mean different types of support are needed for families' continued success before, during, and after deployment. The survey results provide the Department of Defense a detailed roadmap for making sure families are taken care of during this important time. Let me share with you some of the key findings from this study about the impact of deployment includes. Almost half of respondents reported they have used or would use counseling services such as anger management classes and family counseling. Three quarters of those who stated they were better able to deal with subsequent deployments found counseling services to be helpful. Two-thirds of military families surveyed did not have contact with their unit or unit network volunteer during the critical pre-deployment stage. Less than one-half reported a consistent level of family support through the pre-deployment, deployment, and post-deployment phases. Seventeen percent reported no support was available. Many respondents are concerned that volunteers who help families adjust to life during deployment and what to expect after the reunion are becoming fatigued and subject to ``burn-out.'' They stated that the leaders of unit family groups should be paid or have paid professional support personnel assigned. Military family members with civilian jobs face pressure to avoid taking time off before, during, or after deployment. Sixty percent of military spouses are employed outside the home and many have either quit their jobs or are considering it. Military families are worried about how the reunion will go with their deployed family member even as they are worrying about their service member's safety in the field. Unfortunately, many families are not taking advantage of specific return and reunion briefings and activities. Many respondents expressed that when entering a second or third deployment, they carry unresolved anxieties and expectations from the last deployments. While they may have gained knowledge of resources available to them, respondents whose service member deployed multiple times reported being more fatigued and increasingly concerned about their family relationships. Although challenged by the demands of deployment, families noted they are proud of their service member and their service to our country. They understand that family support is primarily their personal responsibility, but they expect ``The Military'' to provide support as well. RECOMMENDATIONS TO DEAL WITH STRESS OF MULTIPLE DEPLOYMENTS The National Military Families Association has developed a series of recommendations for how the Department of Defense, DOD, can better train and support military staff and civilian volunteers to assist military families. Let me discuss some of them. Expand program and information outreach. Create formats for families to access support services and maintain touch with their commands and unit family group that live too far from either the unit or from other military families. Assist families in developing realistic expectations, and then meet them. Educate military families about what to expect before, during, and after deployments. Direct more resources to support family volunteers. Increase the level of resources and paid professionals, both counselors and administrative, to support the logistics of family support and conducting family readiness activities. Address return and reunion challenges throughout the deployment cycle. Help with the reintegration of a service member with the family after deployment. Recognize that family time is important. Encourage service leaders to give family time a higher priority when planning operational activities, especially for service members who have only been back from deployment for a few months. Continue deployment briefings throughout the year. Never assume families have all the information they need. Ongoing deployment briefings can especially help new spouses or the parents of new recruits. Experienced family members also may find new challenges during a subsequent deployment or find the accumulated stress from multiple deployments creates the need for re-engagement with the family readiness/support group or for accessing different support personnel. By requiring the Secretary of Defense to conduct this study we are taking a crucial step in ensuring that future troops are adequately taken care of physically, mentally, and emotionally. Allow me to conclude by stating that I rise in strong support of the underlying legislation H.R. 1585. This legislation addresses several critical issues such as troop readiness, troop safety, troop family needs, and a comprehensive internal review of the Department of Defense. With regards to troop readiness this bill authorizes $1 billion for the Strategic Readiness Fund to fix equipment shortfalls, $1 billion to provide the National Guard and Reserves equipment from their unfunded requirements list, $250 million to improve training, and the establishment of a Defense Readiness Production Board to mobilize the defense industrial base to speed up the production of military equipment. With regards to troop safety this bill provides $1.2 billion for body armor, $2.5 billion for up-armored humvees, $1.2 billion for vehicle add-on armor, $509.7 million for the Armored Security Vehicle, ASV, and requires comprehensive testing of all helmet pad systems. With regards to meeting the needs of the families of our troops this bill authorizes a 3.5 percent across-the-board pay raise for all service members. This bill restores approximately 490 medical personnel positions and recommends the establishment of a Military Mental Health Initiative that would coordinate all mental health research and development for the Department. Also this bill directs the establishment of a Traumatic Brain Injury Initiative to provide the opportunity for emerging technologies and treatments to compete for funding. Finally this bill requires a much needed internal review of the Department of Defense. This bill requires a review of the roles and missions of the Department of Defense every 4 years; identifies the core competencies of the military departments, the Office of the Secretary of Defense, each defense agency, and each defense field activity; directs a review of the capabilities that each of the military departments, the Office of the Secretary of Defense, each defense agency, and each defense field activity is maintaining or developing; and requires the Joint Requirements Oversight Council, JROC, to organize its review of requirements according to the core mission areas, provide the military services with clear guidance on the priority assigned to each requirement, and make clear the expected resources allocated to fulfill each requirement. Notice to Alter Order of Consideration of Amendments Mrs. TAUSCHER. Mr. Chairman, pursuant to section 3 and 4 of House Resolution 403, and as the designee of the chairman of the Committee on Armed Services, I request that during further consideration of H.R. 1585 in the Committee of the Whole, and following consideration of amendment 49, the following amendments be considered in the following order: amendment No. 30; amendment No. 11; amendment No. 31; amendment No. 41; amendment No. 15; amendment No. 42; amendment No. 43; en bloc No. 3. Mr. Chairman, it is my pleasure to yield 3 minutes to my friend and colleague, the gentleman from New Jersey (Mr. Andrews). [[Page H5261]] (Mr. ANDREWS asked and was given permission to revise and extend his remarks.) Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding, and I rise in strong support of the amendment offered by my friend and neighbor from New Jersey (Mr. Saxton), and I thank him for his decisive and quick action in dealing with the problem of protecting our servicemembers and employees and visitors to our military bases. I am proud to join with him in this amendment. At this time, I yield to the gentlewoman from Arizona for the purpose of a colloquy. Ms. GIFFORDS. I thank the gentleman. I rise today to raise serious concerns about the amendment to H.R. 1585 that would require background checks for all civilians entering military installations. I certainly appreciate the need to secure our installations, especially considering the recent events in your home State of New Jersey. But I would like to bring a unique situation to your attention. My southern Arizona district is home to Fort Huachuca, a critical national asset that is home to Army Intelligence and Electronic Testing and was recently designated the Joint Center of Excellence for Human Intelligence Training. Fort Huachuca occupies over 73,000 acres of rugged desert terrain. The geography of the area forces the citizens of Elgin and Canelo, along with the surrounding communities, to rely on access through the fort to get to their ranches and homes. This amendment would cause significant hardship to the surrounding community that has had access to the installation for decades. I believe that this is not a unique situation, and there may be other circumstances where the restrictions placed on military installations could be onerous. Mr. ANDREWS. I thank the gentlewoman for raising this important issue. I assure the gentlelady that I recognize her concerns about the specific military installation in her district and do not want this legislation to cause hardship on its surrounding communities. Ms. GIFFORDS. I would like to ask that the gentleman work with me to address the unique circumstances of the Army installations in southern Arizona. Mr. ANDREWS. I am aware of the extraordinary burden that this requirement could impose on residents of rural and remote areas of southern Arizona. I look forward to working with the gentlelady to find an appropriate accommodation. Ms. GIFFORDS. I thank the gentleman for his support. Mr. ANDREWS. Reclaiming my time, I again thank Mr. Skelton, Mr. Hunter, and Mr. Saxton for this, I think, excellent effort to improve upon a very real problem that we saw in acute relief last week in New Jersey. I would urge adoption of the amendment. Mr. TOM DAVIS of Virginia. Mr. Chairman, my amendment to extend for three years the Information Technology Exchange Program--also known as the Digital Tech Corps--has been included in this en bloc amendment, and I thank the Chairman and Ranking Member for accepting this amendment. In 2002, I included language in the Electronic Government Act of 2002 creating the Digital Tech Corps program. The program gives mid-level federal IT managers the opportunity for intensive, on-the-job training in how the private sector manages complex IT projects. Too many complex federal IT procurements fail because of improper management. The Tech Corps gives employees insight and experience in how the best companies in the world are successfully managing IT so they can bring this knowledge back to government. The Tech Corps works in reverse as well, giving private sector IT employees the opportunity to volunteer for rewarding public service. In tackling some of the world's toughest IT problems, they can return to their companies understanding the challenges facing the world's largest employer. The Tech Corps program is a relatively new vision for public service in this century, enabling broader public-private sector exchanges of talented IT professionals. It builds on the successes of other successful personnel exchanges, such as the 1970 Intergovernmental Personnel Act (IPA). All Tech Corps participants must adhere to strict federal employee ethics rules, and they must abide by the laws and rules of the agency and Federal Government. Participants do not receive any special privileges, pay, or incentives--all participants retain pay and benefits from their respective employers while participating in the program. The Electronic Government Act of 2002 required the Office of Personnel Management to issue guidance for agencies engaging in the Tech Corps program. Agencies had 5 years from the date of enactment in December 2002 to implement the program. OPM issued its guidance in 2005, making it difficult for agencies to receive the full benefits of implementing the program. Since the issuance of OPM's guidelines in 2005 and the approval of DOD's Tech Corps policy in 2006, the agency has worked aggressively to get its Tech Corps program off the ground. Nearly a dozen DOD components have expressed interest in participating in the program. My amendment would extend the authorization period of the Information Technology Exchange Program (ITEP) by 3 years for the Department of Defense (DOD) so it can achieve the intended benefits of the program. In particular, the benefits of the Tech Corps program include: (1) participants learn new job skills; (2) the private sector employees can learn about government procedures and processes; (3) the public and private sectors can share best practices; (4) participating organizations are infused with new ideas; and (5) participants gain perspective from others, improve personal competencies and skills, and close skill gaps within the government organizations. I urge my colleagues to support this amendment. I also express my support for language included in this en bloc amendment offered by my colleague, Mr. Moran, which would require that the transportation infrastructure necessary to accommodate the large influx of military personnel and civilian employees to be assigned to Fort Belvoir, VA, as part of the BRAC realignment of the installation, be substantially completed before the relocation of these employees. The 2005 BRAC Commission recommended relocating 22,000 Department of Defense personnel to Fort Belvoir by 2011. That is a workforce equal to that of the Pentagon. Due to the magnitude of the BRAC realignment, the existing congestion in the Springfield area, and the potential impact on the surrounding community--and indeed all of Northern Virginia--BRAC implementation has to be done right. I voted against the BRAC recommendations for several reasons, including my belief DoD had not adequately considered the ramifications of transferring 22,000 new personnel to Fort Belvoir within a 6-year timeframe. Since the recommendations were approved, I have worked diligently with my colleagues to ensure the Army is sensitive to the concerns of my constituents and devotes adequate time and resources to mitigate the impact of BRAC to the extent possible. I would like to commend my colleague for this amendment, because it gets to the heart of the matter: it ensures the necessary transportation infrastructure will be in place before personnel begin to relocate to Fort Belvoir. This only makes sense. Without sufficient infrastructure, daily commutes could last for hours. In fact, it might simply be impossible for DoD personnel to even get to and from work, thereby preventing agencies from being able to accomplish their missions. It surely would mark a drastic reduction in quality of life for those employees stuck in what could be a traffic nightmare, and I would submit could easily lead to significant turnover. I would also like to take this opportunity to thank Chairman Skelton and Ranking Member Hunter for including language in the bill to require the Army and GSA to work out an agreement to allow the Army to use the GSA warehouse property in Springfield. This facility is located adjacent to an existing Metro and Virginia Railway Express station, yet it currently is used for warehouse space. I have long thought this federal property could be put to much better use than warehouses. With this language, we will put this property to much better use, promote transit options, and take cars off the road. Again, I am most grateful this provision has been included. In closing, I would like to thank Mr. Moran for this amendment and for his continued hard work on behalf of Northern Virginians. I urge my colleagues to support this language and the en bloc amendment. Mr. SMITH of New Jersey. Mr. Chairman, after scouting possible targets in New Jersey and Pennsylvania, the six members of a terrorist cell arrested in New Jersey last week chose to attack Fort Dix due to the access one member had to that installation. As a pizza delivery man, he was able to get on the base, survey the infrastructure and personnel, draw maps, and determine the best locations for the highest kill rate. [[Page H5262]] If not for a citizen's tip and a thorough and aggressive law enforcement team led by U.S. Attorney Chris Christie, who through a 16- month surveillance effort dotted every ``i'' and crossed every ``t,'' terrorists could have infiltrated the base with the sole intent of killing as many people as possible. Mr. Chairman, my South Jersey colleagues and I have been arguing for years that easy civilian access to our military bases--across the Nation--could leave them vulnerable to those wishing to do us harm. In 2004, we passed a modified version of my bill, the Military Bases Security Act, H.R. 3695, and mandated a pilot program in which the Department of Defense could test and increase the vetting of civilians who worked on our bases as employees of private contractors. Because the greatest vulnerability exists when contractors are brought in to complete major construction and facility maintenance jobs, my bill also instructed DOD to use the pilot program to test and implement the best value contracting process instead of the lowest bidder process. In the best value process, contractors are given points for their staffing plans and employee training programs--two effective means for vetting and eliminating unqualified and even undocumented workers from construction jobs. The thought is that by rewarding contractors who vet, train, and hire experienced workers, another layer of protection would be put in place as we attempt to secure our bases. Regrettably, DOD has yet to issue its final analysis on the pilot program and an interim report indicates that their implementation of the program has been feckless at best. And despite the insistence by the Department of Defense that they are doing everything possible to ensure our bases are employing qualified and legal workers, we consistently learn of Immigration and Customs Enforcement personnel arresting dozens of illegal aliens ``working'' on military bases around the country. In January of this year, the International Herald Tribune ran a story that stated nearly 40 illegal aliens were arrested on military installations in Georgia, Virginia and Nevada. And one arrested in Nevada was a member of MS-13, one of the most dangerous gangs in the U.S. I remain convinced that through best value contracting we can and will do a better job of ensuring that those who obtain contracts on our bases are employing legal and qualified workers. And I am committed to ensuring that DOD gives more than lip service to the pilot program and its provisions to vet unqualified workers and attain the best workmanship and better security at our bases. The amendment offered today by my colleague Jim Saxton also seeks to vet civilians who enter or conduct business on our bases. Specifically, the Saxton amendment, which is part of an en bloc amendment, requires FBI criminal background checks and clearance from the Department of Homeland Security for any ``unescorted civilian seeking access to a military installation or facility or any civilian who is an employee of a contractor or vendor of a military installation.'' Without the background check, these civilians will be blocked from entering a base. Mr. Chairman, we cannot hermetically seal our military bases--many of which have great activities for the general public--but we can and must make every effort to provide greater protection. The Saxton amendment is another positive step in this direction and I urge my colleagues to support it. Mrs. TAUSCHER. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The question is on the amendments en bloc offered by the gentleman from Missouri (Mr. Skelton). The amendments en bloc were agreed to. Amendment No. 20 Offered by Mr. Stupak The Acting CHAIRMAN. It is now in order to consider amendment No. 20 printed in House Report 110-151. Mr. STUPAK. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 20 offered by Mr. Stupak: At the end of title XIV, add the following new section: SEC. 1454. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED FORCES AND CERTAIN OTHER PERSONS. (a) Short Title.--This section may be cited as the ``Sergeant First Class James Priestap and Private First Class Alan Blohm Fallen Servicemember Respectful Return Act''. (b) Findings.--Congress makes the following findings: (1) Members of the Armed Forces who die under the circumstances described in section 1481 of title 10, United States Code, have made the ultimate sacrifice for the United States, and their remains should be treated with the utmost reverence and respect. (2) The family and friends of a deceased member of the Armed Forces should be able to greet the remains of their loved one at an airport near the place designated for the disposition of the remains and provide for the burial of their loved one with proper honors and without undue delay or complication. (3) Rural areas are frequently served by smaller regional airports and are often a significant distance from a major airport, and the practice of the Department of Defense to finish the aircraft portion of the transportation of the remains of a deceased member of the Armed Forces at a major airport imposes undue burdens on the family and friends of the deceased member. (c) Transportation of Remains of Deceased Members of the Armed Forces and Certain Other Persons.--Section 1482(a)(8) of title 10, United States Code, is amended by adding at the end the following new sentence: ``When transportation of the remains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.''. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from Michigan (Mr. Stupak) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Michigan. Modification to Amendment No. 20 Offered by Mr. Stupak Mr. STUPAK. Mr. Chairman, first I ask unanimous consent to modify my amendment by striking the sections entitled ``short title'' and ``findings.'' The Acting CHAIRMAN. Is there objection to the request of the gentleman from Michigan? There was no objection. The Acting CHAIRMAN. The amendment is modified. The text of the amendment, as modified, is as follows: At the end of title XIV, add the following new section: SEC. 1454. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED FORCES AND CERTAIN OTHER PERSONS. (c) Transportation of Remains of Deceased Members of the Armed Forces and Certain Other Persons.--Section 1482(a)(8) of title 10, United States Code, is amended by adding at the end the following new sentence: ``When transportation of the remains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.''. Mr. STUPAK. Mr. Chairman, communities across our Nation have felt the effects of the ongoing wars in Iraq and Afghanistan, but rural communities have been hit especially hard. A recent Associated Press story reported that nearly half the casualties in Iraq have come from towns of fewer than 25,000 people, and one in five come from towns of 5,000 or less. Rural States have had some of the highest per capita loss rates. I have certainly seen this in my own district. Each loss from a small town affects not only the family but the entire community. In light of these facts, we need to make sure that we are taking care of all the families who have lost loved ones in military service, whether those families live in cities or in small rural communities. In the past year, I have encountered several disturbing cases in my own district in which families had to fight to have the remains of their loved one flown to an airport near the intended place of burial. The military advised the families that the bodies of their loved one would be flown to the nearest major urban airport, which in some cases, as in my district, are hundreds of miles away. In order to meet the remains at the airport, one of the families would have been required to drive over 4 hours each way through a snowstorm. There is no reason to impose these kinds of burdens on a family that has already made the ultimate sacrifice. This kind of treatment is disrespectful and unfair. Families should not have to bargain with the military in order to have the remains of their loved ones flown to a location where they can meet their fallen hero. In many cases, veterans organizations and other community groups want to show their respect when a fallen soldier arrives at an airport. We [[Page H5263]] should encourage these demonstrations of respect, instead of discouraging them by forcing community members to drive to urban airports hours away from home. Last year, as part of the fiscal year 2007 Defense authorization, the House passed a similar provision that would have required the military to fly the remains of a fallen soldier to the military airfield nearest the place of burial. Unfortunately, this provision was not included in the final conference version of the bill; however, I think it was a good provision, and Members of the House were right to support it. My amendment would provide greater flexibility. It would require that, whenever possible, the Department of Defense fly the remains to the nearest military or civilian airport. The amendment would allow the military to use any of the numerous small airports that exist in rural districts, so long as the remains are delivered to a place that is acceptable to the family of the fallen soldier. Mr. Chairman, the problems I speak of are not only in my district, but we have seen reports from New York to California where this has occurred in the smaller rural districts. As Americans, we owe a tremendous debt to those families who have given up a loved one in war to protect our freedom. This amendment will eliminate an unfair situation that those families have faced and will help to show our respect and gratitude for the sacrifice they have made. I ask Members to support my amendment. Mr. Chairman, I reserve the balance of my time. Mr. HUNTER. Mr. Chairman, although I don't oppose the amendment, I ask unanimous consent to claim the time. The Acting CHAIRMAN. Without objection, the gentleman from California is recognized for 5 minutes. There was no objection. Mr. HUNTER. Thank you, Mr. Chairman. I want to thank the gentleman for his amendment. I think it is absolutely appropriate. We support it. Mr. Chairman, this is the provision that we put into the law last year when we saw that American fallen service personnel were being transported in what we thought was a less than dignified manner and escorted in a less than dignified manner to their final resting places. Of course, I went to the Department of Defense initially and had them involved in discussions with the committee with respect to effecting informally a policy that would have dedicated aircraft and would have a dedicated honor guard and military escort that would complete the transport of fallen American service personnel from Dover to their final resting places. We couldn't work something out, so we ended up putting that in law, and having the full support of the other body, that, indeed, is the practice. I have been around the country now to various places where American heroes have come home, and there has been an outpouring of gratitude from a number of communities and families that in fact the system is working well now with dedicated military aircraft, with the appropriate honor guard escorting the fallen American heroes, and the families now feel much better about the process. {time} 1945 Now, I would hope that, in practice, the U.S. military is not, as a rule, taking people to a home of record when in fact their final resting place may be hundreds of miles away, but I understand that the gentleman has two cases where that, in fact, would have taken place if they hadn't made contact with the DOD and the DOD hadn't sorted that out. And so I think this is absolutely appropriate to put into statute what, essentially, they've been doing, as I understand, as a matter of practice in carrying out the mandate that we gave them last year with the new law that came from this committee. So I support the gentleman. I thank him for offering this amendment, and we certainly support it on this side. Mr. Chairman, I yield back. Mr. STUPAK. Mr. Chairman, I appreciate the words of the ranking member, Mr. Hunter. The difference between what I'm doing here tonight and an amendment we did last year, last year was the closest military airfield. There are no military airfields in my district. My district is 600 miles from one end to the other, and when they want to bring the remains of our soldiers to Detroit or Milwaukee, it is 4, 5, 6 hours for people, for my constituents to go to greet this fallen hero back on U.S. soil. And you have your local groups, your American Legions, your veterans who'd like to welcome that fallen soldier back home, but to drive 4, 5, 6 hours, and one we had last winter was through a terrible snowstorm. We have had to intervene. We have worked with DOD and others, and they've been pretty good about trying to accommodate everyone. We realize it's hard and it's difficult. So the only difference is this amendment goes a little farther, not just military airfield but civilian airfields. We have plenty of civilian airfields throughout my district and rural America that can accommodate the planes necessary to bring home our fallen soldiers. So I would like to thank Mr. Skelton, Mrs. Tauscher, Mr. Hunter and Mr. Saxton for their help and support. This is an amendment that we're glad we can do to honor those service men and women and also their families and the local communities when they've fallen in service in honor to their country. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from Michigan (Mr. Stupak), as modified. The amendment, as modified, was agreed to. Amendment No. 49 Offered by Mr. Carney The Acting CHAIRMAN. It is now in order to consider amendment No. 49 printed in House Report 110-151. Mr. CARNEY. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 49 offered by Mr. Carney: At the end of subtitle C of title V, add the following new section: SEC. 528. SENSE OF CONGRESS WITH RESPECT TO EXTENSION OF TIME LIMITATION FOR USE OF ENTITLEMENT TO EDUCATION BENEFITS BY MEMBERS OF SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENT SUPPORTING CONTINGENCY OPERATIONS. It is the sense of Congress that the time limitation for the use of entitlement to educational assistance under each of subchapters I and II of chapter 33 of title 38, United States Code, should be extended to allow an individual entitled to such assistance to use that individual's entitlement during the ten-year period beginning on the date on which the individual is separated from the Ready Reserve or the Selected Reserve of the Ready Reserve, as the case may be. The Acting CHAIRMAN. Pursuant to House Resolution 403, the gentleman from Pennsylvania (Mr. Carney) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Pennsylvania. Mr. CARNEY. Mr. Chairman, I yield myself 3 minutes. Mr. Chairman, I am here today in support of our Nation's veterans. As a lieutenant commander in the Navy Reserve, I know how important our veterans are. I know how critical our National Guard and Reserve are to the Nation's security. The Montgomery GI bill has provided education to many of our Nation's fine and honorable men and women. After World War II, the GI bill was signed into law and paved the way for many returning soldiers to attain their degrees. In fact, my father earned both his bachelor's and his master's degrees using the GI bill. However, for our National Guard and Reserve, this is not the case. There's a provision which excludes our National Guard and Reserve from receiving their GI bill after they have left the military. This amendment, which I am proud to introduce, will express the sense of Congress that we need to lengthen the period of time that Guard and Reserve members have to take advantage of the GI bill. Once they return home they would have up to 10 years to complete their education. We owe it to our National Guard and Reserve members to have this time. They are very busy in war right now, and they are having a difficult time [[Page H5264]] completing their degrees. How can we expect them to fight the battles and simultaneously pursue a degree? Many of us know someone who's in the National Guard or Reserve and they're playing an ever increasing role in combat operations. We salute their service, and offering them the additional time to obtain their educational goals is a benefit that we should show them that we do appreciate all their efforts. Now, we must think of the future of our Armed Forces. It really has saddened me to learn that the National Guard and Reserves has missed the recruitment goals for both 2005 and 2006. We know that the military does provide immense benefits to those that sign up, but it cuts off the Guard and Reserve when it comes to educational benefits. What better way to ensure our military remains an all volunteer force by encouraging more people to join? Taking care of our troops and making education affordable are two of my top priorities in Congress. As a former professor at Penn State, I understand the value of an education, and believe that an educated work force is a better work force for all America. Extending the education benefit to our National Guard and Reserves will do just that. Our troops are serving their country honorably, and the Guard and Reserve should have access to the higher education when they are finished. We owe it to our troops and to our families back home. I urge all Members of Congress who care about our troops and the military families to vote in favor of this amendment. I'd like to thank Chairman Skelton for his work on this issue. He is truly a champion for our veterans and our military families. Mr. Chairman, I yield back. Mr. HUNTER. Mr. Chairman, we support this amendment and think it will be very useful, and thank the gentleman for offering such an outstanding amendment, and we support it. The Acting CHAIRMAN. The question is on the amendment offered by the gentleman from Pennsylvania (Mr. Carney). The amendment was agreed to. Announcement by the Acting Chairman The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments on which further proceedings were postponed, in the following order: Amendment No. 8 by Mr. Andrews of New Jersey Amendment No. 14 by Mr. DeFazio of Oregon Amendment No. 21 by Ms. Woolsey of California The Chair will reduce to 5 minutes the time for any electronic vote after the first vote in this series. Amendment No. 8 Offered by Mr Andrews The Acting CHAIRMAN. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from New Jersey (Mr. Andrews) on which further proceedings were postponed and on which the ayes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The Acting CHAIRMAN. A recorded vote has been demanded. A recorded vote was ordered. The vote was taken by electronic device, and there were--ayes 202, noes 216, not voting 19, as follows: [Roll No. 364] AYES--202 Abercrombie Allen Andrews Arcuri Baca Baldwin Bartlett (MD) Becerra Berman Berry Bishop (NY) Blumenauer Bordallo Boswell Boucher Boyda (KS) Brady (PA) Braley (IA) Brown, Corrine Butterfield Capps Capuano Cardoza Carnahan Carson Castor Chandler Clarke Clay Cleaver Clyburn Cohen Conyers Cooper Costa Costello Courtney Crowley Cummings Davis (AL) Davis (CA) Davis (IL) Davis, Lincoln DeFazio DeGette Delahunt DeLauro Dicks Dingell Doggett Doyle Duncan Edwards Ehlers Ellison Ellsworth Emanuel Eshoo Etheridge Farr Fattah Filner Frank (MA) Giffords Gilchrest Gillibrand Gonzalez Gordon Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Harman Hastings (FL) Higgins Hill Hinchey Hirono Hodes Holt Honda Hooley Hoyer Inslee Jackson (IL) Jackson-Lee (TX) Jefferson Johnson (GA) Johnson, E. B. Jones (NC) Kagen Kanjorski Kaptur Kennedy Kildee Kilpatrick Kind Kucinich Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Loebsack Lofgren, Zoe Lowey Lynch Maloney (NY) Markey Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McIntyre McNerney McNulty Meehan Meek (FL) Meeks (NY) Michaud Miller (NC) Miller, George Mollohan Moore (KS) Moore (WI) Moran (VA) Murphy (CT) Murphy, Patrick Napolitano Neal (MA) Norton Oberstar Obey Olver Ortiz Pallone Pascrell Pastor Paul Payne Perlmutter Peterson (MN) Pomeroy Price (NC) Rahall Rangel Reyes Rodriguez Ross Roybal-Allard Ruppersberger Rush Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Scott (VA) Serrano Sestak Shea-Porter Sires Skelton Slaughter Smith (WA) Snyder Spratt Stark Stupak Sutton Tauscher Taylor Thompson (CA) Thompson (MS) Tierney Towns Udall (CO) Udall (NM) Van Hollen Velazquez Visclosky Walz (MN) Wasserman Schultz Waters Watson Watt Waxman Weiner Welch (VT) Wexler Wilson (OH) Woolsey Wu Yarmuth NOES--216 Ackerman Aderholt Akin Alexander Altmire Bachmann Bachus Baker Barrett (SC) Barrow Barton (TX) Bean Berkley Biggert Bilbray Bilirakis Bishop (GA) Blackburn Blunt Boehner Bonner Bono Boozman Boren Boustany Boyd (FL) Brady (TX) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Carney Carter Castle Chabot Coble Cole (OK) Conaway Cramer Crenshaw Cuellar Davis (KY) Davis, David Davis, Tom Deal (GA) Dent Diaz-Balart, L. Diaz-Balart, M. Donnelly Doolittle Drake Dreier Emerson English (PA) Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Gillmor Gingrey Gohmert Goode Goodlatte Granger Graves Hall (TX) Hastert Hastings (WA) Hayes Heller Hensarling Herger Herseth Sandlin Hobson Hoekstra Holden Hulshof Hunter Inglis (SC) Issa Jindal Johnson (IL) Johnson, Sam Jordan Keller King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Lampson Latham LaTourette Lewis (CA) Lewis (KY) Linder LoBiondo Lucas Lungren, Daniel E. Mack Mahoney (FL) Manzullo Marchant Marshall McCarthy (CA) McCotter McCrery McHenry McHugh McKeon Melancon Mica Miller (MI) Miller, Gary Mitchell Moran (KS) Murphy, Tim Murtha Musgrave Myrick Neugebauer Nunes Pearce Pence Peterson (PA) Petri Pitts Platts Poe Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Regula Rehberg Reichert Renzi Reynolds Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Rothman Royce Ryan (WI) Salazar Sali Saxton Schmidt Schwartz Scott (GA) Sensenbrenner Sessions Shadegg Sherman Shimkus Shuler Shuster Simpson Smith (NE) Smith (NJ) Smith (TX) Souder Space Stearns Sullivan Tancredo Tanner Terry Thornberry Tiahrt Tiberi Turner Upton Walberg Walden (OR) Walsh (NY) Wamp Weldon (FL) Weller Westmoreland Whitfield Wicker Wilson (NM) Wilson (SC) Wolf Young (AK) Young (FL) NOT VOTING--19 Baird Bishop (UT) Christensen Cubin Culberson Davis, Jo Ann Engel Faleomavaega Hinojosa Israel Jones (OH) McCaul (TX) McMorris Rodgers Miller (FL) Nadler Pickering Shays Solis Wynn Announcement By the Acting Chairman The Acting CHAIRMAN. Members are advised there are 2 minutes remaining on this vote. {time} 2020 Mr. ROTHMAN and Mr. BISHOP of Georgia changed their vote from ``aye'' to ``no.'' Messrs. MOLLOHAN, RUSH and BARTLETT of Maryland changed their vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. [[Page H5265]] Amendment No. 14 Offered by Mr. DeFazio The Acting CHAIRMAN. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from Oregon (Mr. DeFazio) on which further proceedings were postponed and on which the ayes prevailed by voice vote. The Clerk will redesignate the amendment. The Clerk redesignated the amendment. Recorded Vote The Acting CHAIRMAN. A recorded vote has been demanded. A recorded vote was ordered. The Acting CHAIRMAN. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 136, noes 288, not voting 13, as follows: [Roll No. 365] AYES--136 Abercrombie Allen Arcuri Baldwin Becerra Berry Bishop (NY) Blumenauer Boswell Boucher Brady (PA) Braley (IA) Butterfield Capps Capuano Carnahan Carson Chandler Christensen Clarke Clay Cleaver Clyburn Conyers Costello Courtney Cummings Davis (IL) DeFazio DeGette Delahunt Dingell Doggett Doyle Duncan Ehlers Ellison Eshoo Farr Fattah Filner Frank (MA) Garrett (NJ) Gilchrest Gillibrand Gonzalez Green, Al Green, Gene Grijalva Gutierrez Hall (NY) Hare Hinchey Hirono Holt Honda Hooley Inslee Jackson (IL) Jackson-Lee (TX) Johnson (GA) Johnson, E. B. Jones (NC) Kagen Kaptur Kennedy Kildee Kilpatrick Kind Kucinich Langevin Larson (CT) Lee Lewis (GA) Loebsack Lofgren, Zoe Lynch Maloney (NY) Markey Matsui McCollum (MN) McDermott McGovern McNerney McNulty Meehan Meeks (NY) Michaud Miller, George Moore (WI) Moran (VA) Murphy (CT) Napolitano Neal (MA) Norton Oberstar Obey Olver Pallone Pascrell Pastor Paul Payne Peterson (MN) Price (NC) Rahall Rangel Rothman Roybal-Allard Rush Ryan (OH) Sanchez, Linda T. Schakowsky Schwartz Scott (VA) Serrano Sires Slaughter Solis Stark Stupak Sutton Thompson (CA) Thompson (MS) Tierney Udall (NM) Upton Velazquez Visclosky Waters Watson Watt Welch (VT) Woolsey Wu Yarmuth NOES--288 Ackerman Aderholt Akin Alexander Altmire Andrews Baca Bachmann Bachus Baker Barrett (SC) Barrow Bartlett (MD) Barton (TX) Bean Berkley Berman Biggert Bilbray Bilirakis Bishop (GA) Blackburn Blunt Boehner Bonner Bono Boozman Bordallo Boren Boustany Boyd (FL) Boyda (KS) Brady (TX) Brown (SC) Brown, Corrine Brown-Waite, Ginny Buchanan Burgess Burton (IN) Buyer Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Cardoza Carney Carter Castle Castor Chabot Coble Cohen Cole (OK) Conaway Cooper Costa Cramer Crenshaw Crowley Cuellar Davis (AL) Davis (CA) Davis (KY) Davis, David Davis, Lincoln Davis, Tom Deal (GA) DeLauro Dent Diaz-Balart, L. Diaz-Balart, M. Dicks Donnelly Doolittle Drake Dreier Edwards Ellsworth Emanuel Emerson English (PA) Etheridge Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fortuno Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Gerlach Giffords Gillmor Gingrey Gohmert Goode Goodlatte Gordon Granger Graves Hall (TX) Harman Hastert Hastings (FL) Hastings (WA) Hayes Heller Hensarling Herger Herseth Sandlin Higgins Hill Hinojosa Hobson Hodes Hoekstra Holden Hoyer Hulshof Hunter Inglis (SC) Israel Issa Jefferson Jindal Johnson (IL) Johnson, Sam Jordan Kanjorski Keller King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Lampson Lantos Larsen (WA) Latham LaTourette Levin Lewis (CA) Lewis (KY) Linder Lipinski LoBiondo Lowey Lucas Lungren, Daniel E. Mack Mahoney (FL) Manzullo Marchant Marshall Matheson McCarthy (CA) McCarthy (NY) McCaul (TX) McCotter McCrery McHenry McHugh McIntyre McKeon Meek (FL) Melancon Mica Miller (MI) Miller (NC) Miller, Gary Mitchell Mollohan Moore (KS) Moran (KS) Murphy, Patrick Murphy, Tim Murtha Musgrave Myrick Neugebauer Nunes Ortiz Pearce Pence Perlmutter Peterson (PA) Petri Pickering Pitts Platts Poe Pomeroy Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Regula Rehberg Reichert Renzi Reyes Reynolds Rodriguez Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Ross Royce Ruppersberger Ryan (WI) Salazar Sali Sanchez, Loretta Sarbanes Saxton Schiff Schmidt Scott (GA) Sensenbrenner Sessions Sestak Shadegg Shea-Porter Sherman Shimkus Shuler Shuster Simpson Skelton Smith (NE) Smith (NJ) Smith (TX) Smith (WA) Snyder Souder Space Spratt Stearns Sullivan Tancredo Tanner Tauscher Taylor Terry Thornberry Tiahrt Tiberi Towns Turner Udall (CO) Van Hollen Walberg Walden (OR) Walsh (NY) Walz (MN) Wamp Wasserman Schultz Waxman Weiner Weldon (FL) Weller Westmoreland Wexler Whitfield Wicker Wilson (NM) Wilson (OH) Wilson (SC) Wolf Young (AK) Young (FL) NOT VOTING--13 Baird Bishop (UT) Cubin Culberson Davis, Jo Ann Engel Faleomavaega Jones (OH) McMorris Rodgers Miller (FL) Nadler Shays Wynn Announcement By the Acting Chairman The Acting CHAIRMAN. Members are advised there are 2 minutes remaining on this vote. {time} 2029 Mr. HINOJOSA and Mr. COHEN changed their vote from ``aye'' to ``no.'' Mr. CUMMINGS changed his vote from ``no'' to ``aye.'' So the amendment was rejected. The result of the vote was announced as above recorded. Mr. HOYER. Mr. Chairman, I move that the Committee do now rise. The motion was agreed to. Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Capuano) having assumed the chair, Mr. Pastor, Acting Chairman of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 1585) to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, and for other purposes, had come to no resolution thereon. ____________________