10 USC 1073 note. (4) The access to and need for treatment facilities focusing on the gender- and ethnic group-specific mental health care needs of members of the Armed Forces. (5) The need for further clinical research on the genderand ethnic group-specific needs of members of the Armed Forces who served in a combat zone. (c) REPORT.-Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the review required by subsection (a). SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM. (a) REGULATIONS. The Secretary of Defense shall prescribe regulations to establish criteria that licensed or certified mental health counselors shall meet in order to be able to independently provide care to TRICARE beneficiaries and receive payment under the TRICARE program for such services. The criteria shall include requirements for education level, licensure, certification, and clinical experience as considered appropriate by the Secretary. (b) STUDY REQUIRED.—The Secretary of Defense shall enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another similarly qualified independent academic medical organization, for the purpose of (1) conducting an independent study of the credentials, preparation, and training of individuals practicing as licensed mental health counselors; and (2) making recommendations for permitting licensed mental health counselors to practice to practice independently under under the TRICARE program. (c) ELEMENTS OF STUDY. (1) EDUCATIONAL REQUIREMENTS.-The study required by subsection (b) shall provide for an assessment of the educational requirements and curricula relevant to mental health practice for licensed mental health counselors, including types of degrees recognized, certification standards for graduate programs for such profession, and recognition of undergraduate coursework for completion of graduate degree requirements. (2) LICENSING REQUIREMENTS.-The study required by subsection (b) shall provide for an assessment of State licensing requirements for licensed mental health counselors, including for each level of licensure if a State issues more than one type of license for the profession. The assessment shall examine requirements in the areas of education, training, examination, continuing education, and ethical standards, and shall include an evaluation of the extent to which States authorize members of the licensed mental health counselor profession to diagnose and treat mental illnesses. (3) CLINICAL EXPERIENCE REQUIREMENTS.-The study required by subsection (b) shall provide for an analysis of the requirements for clinical experience for a licensed mental health counselor to be recognized under regulations for the TRICARE program, and recommendations, if any, for standardization or adjustment of such requirements. (4) INDEPENDENT PRACTICE UNDER OTHER FEDERAL PROGRAMS. The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health counselors are authorized to practice independently under other Federal programs (such as the Medicare program, the Department of Veterans Affairs, the Indian Health Service, and Head Start), and a review of the relationship, if any, between recognition of mental health professions under the Medicare program and independent practice authority for such profession under the TRICARE program. (5) INDEPENDENT PRACTICE UNDER FEHBP.-The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health counselors are authorized to practice independently under the Federal Employee Health Benefits Program and private insurance plans. The assessment shall identify the States having laws requiring private insurers to cover, or offer coverage of, the services of members of licensed mental health counselors and shall identify the conditions, if any, that are placed on coverage of practitioners under the profession by insurance plans and how frequently these types of conditions are used by insurers. (6) HISTORICAL REVIEW OF REGULATIONS.-The study required by subsection (b) shall provide for a review of the history of regulations prescribed by the Department of Defense regarding which members of the mental health profession are recognized as providers under the TRICARE program as independent practitioners, and an examination of the recognition by the Department of third-party certification for members of such profession. (7) CLINICAL CAPABILITIES STUDIES.-The study required by subsection (b) shall include a review of outcome studies and of the literature regarding the comparative quality and effectiveness of care provided by licensed mental health counselors and provide an independent review of the findings. (d) RECOMMENDATIONS FOR TRICARE INDEPENDENT PRACTICE AUTHORITY.—The recommendations provided under subsection (b)(2) shall include recommendations regarding modifications of current policy for the TRICARE program with respect to allowing licensed mental health counselors to practice independently under the TRICARE program. (e) REPORT.-Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (b). SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE 10 USC 221 note. (a) REPORT.-If the President submits to Congress the budget President. for a fiscal year under section 1105 of title 31, United States Code, and the aggregate amount included in that budget for the Department of Defense for health care for such fiscal year is less than the aggregate amount provided by Congress for the Department for health care for the preceding fiscal year, and, in the case of the Department, the total allocation from the Defense Health Program to any military department is less than the total of such allocation in the preceding fiscal year, the President shall submit to Congress a report on (1) the reasons for the determination that inclusion of a lesser aggregate amount or allocation to any military department is in the national interest; and 10 USC 129c note. (2) the anticipated effects of the inclusion of such lesser aggregate amount or allocation to any military department on the access to and delivery of medical and support services to members of the Armed Forces and their family members. (b) TERMINATION.-The section shall not be in effect after December 31, 2017. Subtitle C-Other Matters SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND (a) PROHIBITION.-The Secretary of a military department may not convert any military medical or dental position to a civilian medical or dental position during the period beginning on October 1, 2007, and ending on September 30, 2012. (b) RESTORATION OF CERTAIN POSITIONS TO MILITARY POSITIONS.-In the case of any military medical or dental position that is converted to a civilian medical or dental position during the period beginning on October 1, 2004, and ending on September 30, 2008, if the position is not filled by a civilian by September 30, 2008, the Secretary of the military department concerned shall restore the position to a military medical or dental position that can be filled only by a member of the Armed Forces who is a health professional. (c) REPORT. (1) REQUIREMENT.-The Secretary of Defense shall submit to the congressional defense committees a report on conversions made during fiscal year 2007 not later than 180 days after the enactment of this Act. (2) MATTERS COVERED.-The report shall include the following: (A) The number of military medical or dental positions, by grade or band and specialty, converted to civilian medical or dental positions. (B) The results of a market survey in each affected area of the availability of civilian medical and dental care providers in such area in order to determine whether there were civilian medical and dental care providers available in such area adequate to fill the civilian positions created by the conversion of military medical and dental positions to civilian positions in such area. (C) An analysis, by affected area, showing the extent to which access to health care and cost of health care was affected in both the direct care and purchased care systems, including an assessment of the effect of any increased shifts in patient load from the direct care to the purchased care system, or any delays in receipt of care in either the direct or purchased care system because of the conversions. (D) The extent to which military medical and dental positions converted to civilian medical or dental positions affected recruiting and retention of uniformed medical and dental personnel. (E) A comparison of the full costs for the military medical and dental positions converted with the full costs for civilian medical and dental positions, including expenses (F) An assessment showing that the military medical (1) The term "military medical or dental position" means a position for the performance of health care functions within the Armed Forces held by a member of the Armed Forces. (2) The term "civilian medical or dental position" means a position for the performance of health care functions within the Department of Defense held by an employee of the Department or of a contractor of the Department. (3) The term "uniformed services" has the meaning given that term in section 1072(1) of title 10, United States Code. (4) The term "conversion", with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the manning authorization document of the military department making the change (through a change in designation from military to civilian in the document, the elimination of the listing of the position as a military position in the document, or through any other means indicating the change in the document or otherwise). (e) REPEAL.-Section 742 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2306) is repealed. SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER. (a) FINDINGS.—Congress makes the following findings: (1) The Secretary of Defense proposed to disestablish all elements of the Armed Forces Institute of Pathology, except the National Medical Museum and the Tissue Repository, as part of the recommendations of the Secretary for the closure of Walter Reed Army Medical Center in the 2005 round of defense base closure and realignment. (2) The Defense Base Closure and Realignment Commission altered, but did not reject, the proposal of the Secretary of Defense to disestablish the Armed Forces Institute of Pathology. (3) The Commission's recommendation that the Armed Forces Institute of Pathology's "capabilities not specified in this recommendation will be absorbed into other DOD, Federal, or civilian facilities" provides the flexibility to retain a Joint Pathology Center as a Department of Defense or Federal entity. (b) SENSE OF CONGRESS.-It is the sense of Congress that the Armed Forces Institute of Pathology has provided important medical benefits to the Armed Forces and to the United States and that the Federal Government should retain a Joint Pathology Center. (c) ESTABLISHMENT.— (1) ESTABLISHMENT REQUIRED.-The President shall establish and maintain a Joint Pathology Center that shall function as the reference center in pathology for the Federal Government. 10 USC 129c note. 10 USC 176 note. President. (2) ESTABLISHMENT WITHIN DOD.-Except as provided in paragraph (3), the Joint Pathology Center shall be established in the Department of Defense, consistent with the final recommendations of the 2005 Defense Base Closure and Realignment Commission, as approved by the President. (3) ESTABLISHMENT IN ANOTHER DEPARTMENT.-If the President makes a determination, within 180 days after the date of the enactment of this Act, that the Joint Pathology Center cannot be established in the Department of Defense, the Joint Pathology Center shall be established as an element of a Federal agency other than the Department of Defense. The President shall incorporate the selection of such agency into the determination made under this paragraph. (d) SERVICES.—The Joint Pathology Center shall provide, at a minimum, the following: (1) Diagnostic pathology consultation services in medicine, dentistry, and veterinary sciences. (2) Pathology education, to include graduate medical education, including residency and fellowship programs, and continuing medical education. (3) Diagnostic pathology research. (4) Maintenance and continued modernization of the Tissue Repository and, as appropriate, utilization of the Repository in conducting the activities described in paragraphs (1) through (3). TITLE VIII-ACQUISITION POLICY, AC- Sec. 800. Short title. Subtitle A-Acquisition Policy and Management Sec. 801. Internal controls for procurements on behalf of the Department of Defense by certain non-Defense agencies. Sec. 802. Lead systems integrators. Sec. 803. Reinvestment in domestic sources of strategic materials. Sec. 804. Clarification of the protection of strategic materials critical to national security. Sec. 805. Procurement of commercial services. Sec. 806. Specification of amounts requested for procurement of contract services. Sec. 808. Independent management reviews of contracts for services. Sec. 809. Implementation and enforcement of requirements applicable to undefinitized contractual actions. Sec. 810. Clarification of limited acquisition authority for Special Operations Command. Subtitle B-Provisions Relating to Major Defense Acquisition Programs Sec. 811. Requirements applicable to multiyear contracts for the procurement of major systems of the Department of Defense. Sec. 812. Changes to Milestone B certifications. Sec. 813. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs. Sec. 814. Clarification of submission of cost or pricing data on noncommercial modi- Sec. 815. Clarification of rules regarding the procurement of commercial items. Sec. 818. Report on implementation of recommendations on total ownership cost for |