PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 3 

Public Law 110–181 

110th Congress 

An Act 

To provide for the enactment of the National Defense Authorization Act for Fiscal 

Year 2008, as previously enrolled, with certain modifications to address the foreign 

sovereign immunities provisions of title 28, United States Code, with respect 

to the attachment of property in certain judgments against Iraq, the lapse of 

statutory authorities for the payment of bonuses, special pays, and similar benefits 

for members of the uniformed services, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘National 

Defense Authorization Act for Fiscal Year 2008’’. 

(b) EXPLANATORY STATEMENT.—The Joint Explanatory Statement submitted by the Committee of Conference for the conference 

report to accompany H.R. 1585 of the 110th Congress (Report 

110–477) shall be deemed to be part of the legislative history 

of this Act and shall have the same effect with respect to the 

implementation of this Act as it would have had with respect 

to the implementation of H.R. 1585, if such bill had been enacted. 

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

(a) DIVISIONS.—This Act is organized into three divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; treatment of explanatory statement. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 

Package upgrades. Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 

upgrades. 

National Defense 

Authorization 

Act for Fiscal 

Year 2008. 

Jan. 28, 2008 

[H.R. 4986] 


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Sec. 113. Multiyear procurement authority for conversion of CH–47D helicopters to 

CH–47F configuration. 

Sec. 114. Multiyear procurement authority for CH–47F helicopters. 

Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 

Network-Tactical program pending certification to Congress. 

Sec. 116. Prohibition on closure of Army Tactical Missile System production line 

pending report. 

Sec. 117. Stryker Mobile Gun System. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for Virginia-class submarine program. 

Sec. 122. Report on shipbuilding investment strategy. 

Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 

workforce. 

Sec. 124. Assessments required prior to start of construction on first ship of a shipbuilding program. 

Sec. 125. Littoral Combat Ship (LCS) program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on Joint Cargo Aircraft. 

Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 

Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 

Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 

Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 

Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 

Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Operational test and evaluation of Future Combat Systems network. 

Sec. 212. Limitation on use of funds for systems development and demonstration 

of Joint Light Tactical Vehicle program. 

Sec. 213. Requirement to obligate and expend funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 

technology program. 

Sec. 215. Advanced Sensor Applications Program. 

Sec. 216. Active protection systems. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities. 

Sec. 222. Study on future roles and missions of the Missile Defense Agency. 

Sec. 223. Budget and acquisition requirements for Missile Defense Agency activities. 

Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA missile. 

Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 

programs. 

Sec. 226. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe. 

Sec. 227. Sense of Congress on missile defense cooperation with Israel. 

Sec. 228. Limitation on availability of funds for deployment of missile defense 

interceptors in Alaska. 

Sec. 229. Policy of the United States on protection of the United States and its allies against Iranian ballistic missiles. 

Subtitle D—Other Matters 

Sec. 231. Coordination of human systems integration activities related to acquisition programs. 

Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 

equipment. 

Sec. 233. Modification of cost-sharing requirement for Technology Transition Initiative. 

Sec. 234. Report on implementation of Manufacturing Technology Program. 


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Sec. 235. Assessment of sufficiency of test and evaluation personnel. 

Sec. 236. Repeal of requirement for separate reports on technology area review and 

assessment summaries. 

Sec. 237. Modification of notice and wait requirement for obligation of funds for foreign comparative test program. 

Sec. 238. Strategic Plan for the Manufacturing Technology Program. 

Sec. 239. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs. 

Sec. 240. Enhancement of defense nanotechnology research and development program. 

Sec. 241. Federally funded research and development center assessment of the Defense Experimental Program to Stimulate Competitive Research. 

Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 

Laser Systems Test Facility. 

Sec. 243. Prompt global strike. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Jackson Park Housing Complex, Washington. 

Sec. 314. Report on control of the brown tree snake. 

Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 

North Carolina, of exposure to drinking water contamination. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Availability of funds in Defense Information Systems Agency Working 

Capital Fund for technology upgrades to Defense Information Systems 

Network. 

Sec. 322. Modification to public-private competition requirements before conversion 

to contractor performance. 

Sec. 323. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 324. Guidelines on insourcing new and contracted out functions. 

Sec. 325. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 326. Bid protests by Federal employees in actions under Office of Management 

and Budget Circular A–76. 

Sec. 327. Public-private competition required before conversion to contractor performance. 

Sec. 328. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 329. Reauthorization and modification of multi-trades demonstration project. 

Sec. 330. Pilot program for availability of working-capital funds to Army for certain 

product improvements. 

Subtitle D—Extension of Program Authorities 

Sec. 341. Extension of Arsenal Support Program Initiative. 

Sec. 342. Extension of period for reimbursement for helmet pads purchased by 

members of the Armed Forces deployed in contingency operations. 

Sec. 343. Extension of temporary authority for contract performance of security 

guard functions. 

Subtitle E—Reports 

Sec. 351. Reports on National Guard readiness for emergencies and major disasters. 

Sec. 352. Annual report on prepositioned materiel and equipment. 

Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 

Sec. 354. Modification of requirements of Comptroller General report on the readiness of Army and Marine Corps ground forces. 

Sec. 355. Plan to improve readiness of ground forces of active and reserve components. 

Sec. 356. Independent assessment of Civil Reserve Air Fleet viability. 


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Sec. 357. Department of Defense Inspector General report on physical security of 

Department of Defense installations. 

Sec. 358. Review of high-altitude aviation training. 

Sec. 359. Reports on safety measures and encroachment issues and master plan for 

Warren Grove Gunnery Range, New Jersey. 

Sec. 360. Report on search and rescue capabilities of the Air Force in the northwestern United States. 

Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 

Mountain Air Station, Colorado. 

Subtitle F—Other Matters 

Sec. 371. Enhancement of corrosion control and prevention functions within Department of Defense. 

Sec. 372. Authority for Department of Defense to provide support for certain sporting events. 

Sec. 373. Authority to impose reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense. 

Sec. 374. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States 

for certain health care services. 

Sec. 375. Recovery of missing military property. 

Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 

in support of contingency operations. 

Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 

Sec. 378. Reauthorization of Aviation Insurance Program. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2009 and 2010. 

Sec. 404. Increase in authorized strengths for Army officers on active duty in the 

grade of major. 

Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 

grades of lieutenant commander, commander, and captain. 

Sec. 406. Increase in authorized daily average of number of members in pay grade 

E–9. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty 

to provide operational support. 

Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Assignment of officers to designated positions of importance and responsibility. 

Sec. 502. Enhanced authority for Reserve general and flag officers to serve on active duty. 

Sec. 503. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. 

Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty. 

Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties. 

Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted 

grade. 


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Sec. 507. Increase in authorized number of permanent professors at the United 

States Military Academy. 

Sec. 508. Promotion of career military professors of the Navy. 

Subtitle B—Reserve Component Management 

Sec. 511. Retention of military technicians who lose dual status in the Selected Reserve due to combat-related disability. 

Sec. 512. Constructive service credit upon original appointment of Reserve officers 

in certain health care professions. 

Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. 

Sec. 514. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air National Guard officer. 

Sec. 515. Advance notice to members of reserve components of deployment in support of contingency operations. 

Sec. 516. Report on relief from professional licensure and certification requirements 

for reserve component members on long-term active duty. 

Subtitle C—Education and Training 

Sec. 521. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 522. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons selected as 

medical students at Uniformed Services University of the Health 

Sciences. 

Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Reserve and Army National Guard financial assistance program. 

Sec. 524. Treatment of prior active service of members in uniformed medical accession programs. 

Sec. 525. Repeal of post-2007–2008 academic year prohibition on phased increase 

in cadet strength limit at the United States Military Academy. 

Sec. 526. National Defense University master’s degree programs. 

Sec. 527. Authority of the Air University to confer degree of master of science in 

flight test engineering. 

Sec. 528. Enhancement of education benefits for certain members of reserve components. 

Sec. 529. Extension of period of entitlement to educational assistance for certain 

members of the Selected Reserve affected by force shaping initiatives. 

Sec. 530. Time limit for use of educational assistance benefit for certain members 

of reserve components and resumption of benefit. 

Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting 

authorities of certain military universities and educational institutions. 

Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve 

Officers’ Training Corps financial assistance program. 

Sec. 533. Report on utilization of tuition assistance by members of the Armed 

Forces. 

Sec. 534. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport High Schools. 

Sec. 535. Report on transfer of administration of certain educational assistance programs for members of the reserve components. 

Subtitle D—Military Justice and Legal Assistance Matters 

Sec. 541. Authority to designate civilian employees of the Federal Government and 

dependents of deceased members as eligible for legal assistance from 

Department of Defense legal staff resources. 

Sec. 542. Authority of judges of the United States Court of Appeals for the Armed 

Forces to administer oaths. 

Sec. 543. Modification of authorities on senior members of the Judge Advocate Generals’ Corps. 

Sec. 544. Prohibition against members of the Armed Forces participating in criminal street gangs. 

Subtitle E—Military Leave 

Sec. 551. Temporary enhancement of carryover of accumulated leave for members 

of the Armed Forces. 

Sec. 552. Enhancement of rest and recuperation leave. 

Subtitle F—Decorations and Awards 

Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, 

Jr., for acts of valor during the Vietnam War. 


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Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla 

for acts of valor during the Korean War. 

Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. 

Keeble for acts of valor during the Korean War. 

Sec. 564. Authorization and request for award of Medal of Honor to Private Philip 

G. Shadrach for acts of valor as one of Andrews’ Raiders during the 

Civil War. 

Sec. 565. Authorization and request for award of Medal of Honor to Private George 

D. Wilson for acts of valor as one of Andrews’ Raiders during the Civil 

War. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 571. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 572. Impact aid for children with severe disabilities. 

Sec. 573. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure changes, 

relocation of military units, or base closures and realignments. 

Sec. 574. Payment of private boarding school tuition for military dependents in 

overseas areas not served by defense dependents’ education system 

schools. 

Subtitle H—Military Families 

Sec. 581. Department of Defense Military Family Readiness Council and policy and 

plans for military family readiness. 

Sec. 582. Yellow Ribbon Reintegration Program. 

Sec. 583. Study to enhance and improve support services and programs for families 

of members of regular and reserve components undergoing deployment. 

Sec. 584. Protection of child custody arrangements for parents who are members of 

the Armed Forces deployed in support of a contingency operation. 

Sec. 585. Family leave in connection with injured members of the Armed Forces. 

Sec. 586. Family care plans and deferment of deployment of single parent or dual 

military couples with minor dependents. 

Sec. 587. Education and treatment services for military dependent children with 

autism. 

Sec. 588. Commendation of efforts of Project Compassion in paying tribute to members of the Armed Forces who have fallen in the service of the United 

States. 

Subtitle I—Other Matters 

Sec. 590. Uniform performance policies for military bands and other musical units. 

Sec. 591. Transportation of remains of deceased members of the Armed Forces and 

certain other persons. 

Sec. 592. Expansion of number of academies supportable in any State under 

STARBASE program. 

Sec. 593. Gift acceptance authority. 

Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform 

during hoisting, lowering, or passing of United States flag. 

Sec. 595. Annual report on cases reviewed by National Committee for Employer 

Support of the Guard and Reserve. 

Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD 

Form 214). 

Sec. 597. Reports on administrative separations of members of the Armed Forces 

for personality disorder. 

Sec. 598. Program to commemorate 50th anniversary of the Vietnam War. 

Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the 

Armed Forces during and following World War II. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2008 increase in military basic pay. 

Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary 

residence. 

Sec. 603. Extension and enhancement of authority for temporary lodging expenses 

for members of the Armed Forces in areas subject to major disaster declaration or for installations experiencing sudden increase in personnel 

levels. 


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Sec. 604. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 605. Midmonth payment of basic pay for contributions of members of the uniformed services participating in Thrift Savings Plan. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and 

similar benefits for members of the uniformed services. 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to payment of other bonuses and special 

pays. 

Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers. 

Sec. 616. Increase in dental officer additional special pay. 

Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority 

to provide hardship duty pay in a lump sum. 

Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle 

crewmembers of multi-crew ships. 

Sec. 619. Reenlistment bonus for members of the Selected Reserve. 

Sec. 620. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 621. Availability of nuclear officer continuation pay for officers with more than 

26 years of commissioned service. 

Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention 

bonus. 

Sec. 623. Accession bonus for participants in the Armed Forces Health Professions 

Scholarship and Financial Assistance Program. 

Sec. 624. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Sec. 632. Survivors of deceased members eligible for transportation to attend burial 

ceremonies. 

Sec. 633. Allowance for participation of Reserves in electronic screening. 

Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling 

in connection with medical evacuation. 

Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training Corps 

instructors in hard-to-fill positions. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Expansion of combat-related special compensation eligibility. 

Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by 

reason of unemployability under termination of phase-in of concurrent 

receipt of retired pay and veterans’ disability compensation. 

Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for 

dependency and indemnity compensation. 

Sec. 644. Special survivor indemnity allowance for persons affected by required 

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Modification of authority of members of the Armed Forces to designate recipients for payment of death gratuity. 

Sec. 646. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service. 

Sec. 647. Commencement of receipt of non-regular service retired pay by members 

of the Ready Reserve on active Federal status or active duty for significant periods. 

Sec. 648. Computation of years of service for purposes of retired pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. 

Sec. 652. Authorization of installment deductions from pay of employees of nonappropriated fund instrumentalities to collect indebtedness to the 

United States. 


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Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities 

Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 

uniformed services. 

Sec. 662. Transitional provisions. 

Subtitle G—Other Matters 

Sec. 671. Referral bonus authorities. 

Sec. 672. Expansion of education loan repayment program for members of the Selected Reserve. 

Sec. 673. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children. 

Sec. 674. Overseas naturalization for military spouses and children. 

Sec. 675. Modification of amount of back pay for members of Navy and Marine 

Corps selected for promotion while interned as prisoners of war during 

World War II to take into account changes in Consumer Price Index. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Military Health Benefits 

Sec. 701. One-year extension of prohibition on increases in certain health care costs 

for members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement 

of pharmaceuticals. 

Sec. 704. Stipend for members of reserve components for health care for certain dependents. 

Sec. 705. Authority for expansion of persons eligible for continued health benefits 

coverage. 

Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain 

members of the Selected Reserve. 

Sec. 707. Extension of pilot program for health care delivery. 

Sec. 708. Inclusion of mental health care in definition of health care and report on 

mental health care services. 

Subtitle B—Studies and Reports 

Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE 

Extra. 

Sec. 712. Report on training in preservation of remains under combat or combatrelated conditions. 

Sec. 713. Report on patient satisfaction surveys. 

Sec. 714. Report on medical physical examinations of members of the Armed Forces 

before their deployment. 

Sec. 715. Report and study on multiple vaccinations of members of the Armed 

Forces. 

Sec. 716. Review of gender- and ethnic group-specific mental health services and 

treatment for members of the Armed Forces. 

Sec. 717. Licensed mental health counselors and the TRICARE program. 

Sec. 718. Report on funding of the Department of Defense for health care. 

Subtitle C—Other Matters 

Sec. 721. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. 

Sec. 722. Establishment of Joint Pathology Center. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Sec. 800. Short title. 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Internal controls for procurements on behalf of the Department of Defense by certain non-Defense agencies. 

Sec. 802. Lead systems integrators. 

Sec. 803. Reinvestment in domestic sources of strategic materials. 

Sec. 804. Clarification of the protection of strategic materials critical to national security. 

Sec. 805. Procurement of commercial services. 

Sec. 806. Specification of amounts requested for procurement of contract services. 

Sec. 807. Inventories and reviews of contracts for services. 

Sec. 808. Independent management reviews of contracts for services. 


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Sec. 809. Implementation and enforcement of requirements applicable to 

undefinitized contractual actions. 

Sec. 810. Clarification of limited acquisition authority for Special Operations Command. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Requirements applicable to multiyear contracts for the procurement of 

major systems of the Department of Defense. 

Sec. 812. Changes to Milestone B certifications. 

Sec. 813. Comptroller General report on Department of Defense organization and 

structure for major defense acquisition programs. 

Sec. 814. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items. 

Sec. 815. Clarification of rules regarding the procurement of commercial items. 

Sec. 816. Review of systemic deficiencies on major defense acquisition programs. 

Sec. 817. Investment strategy for major defense acquisition programs. 

Sec. 818. Report on implementation of recommendations on total ownership cost for 

major weapon systems. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Plan for restricting Government-unique contract clauses on commercial 

contracts. 

Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 823. Five-year extension of authority to carry out certain prototype projects. 

Sec. 824. Exemption of Special Operations Command from certain requirements for 

certain contracts relating to vessels, aircraft, and combat vehicles. 

Sec. 825. Provision of authority to maintain equipment to unified combatant command for joint warfighting. 

Sec. 826. Market research. 

Sec. 827. Modification of competition requirements for purchases from Federal Prison Industries. 

Sec. 828. Multiyear contract authority for electricity from renewable energy 

sources. Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms 

from foreign sources. 

Sec. 830. Comptroller General review of noncompetitive awards of congressional 

and executive branch interest items. 

Subtitle D—Accountability in Contracting 

Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan. 

Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and contracting processes in Iraq and Afghanistan. 

Sec. 843. Enhanced competition requirements for task and delivery order contracts. 

Sec. 844. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 845. Disclosure of Government contractor audit findings. 

Sec. 846. Protection for contractor employees from reprisal for disclosure of certain 

information. 

Sec. 847. Requirements for senior Department of Defense officials seeking employment with defense contractors. 

Sec. 848. Report on contractor ethics programs of Major Defense contractors. 

Sec. 849. Contingency contracting training for personnel outside the acquisition 

workforce and evaluations of Army Commission recommendations. 

Subtitle E—Acquisition Workforce Provisions 

Sec. 851. Requirement for section on defense acquisition workforce in strategic 

human capital plan. 

Sec. 852. Department of Defense Acquisition Workforce Development Fund. 

Sec. 853. Extension of authority to fill shortage category positions for certain Federal acquisition positions. 

Sec. 854. Repeal of sunset of acquisition workforce training fund. 

Sec. 855. Federal acquisition workforce improvements. 

Subtitle F—Contracts in Iraq and Afghanistan 

Sec. 861. Memorandum of understanding on matters relating to contracting. 

Sec. 862. Contractors performing private security functions in areas of combat operations. 

Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. 


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Sec. 864. Definitions and other general provisions. 

Subtitle G—Defense Materiel Readiness Board 

Sec. 871. Establishment of Defense Materiel Readiness Board. 

Sec. 872. Critical materiel readiness shortfalls. 

Subtitle H—Other Matters 

Sec. 881. Clearinghouse for rapid identification and dissemination of commercial 

information technologies. 

Sec. 882. Authority to license certain military designations and likenesses of weapons systems to toy and hobby manufacturers. 

Sec. 883. Modifications to limitation on contracts to acquire military flight simulator. 

Sec. 884. Requirements relating to waivers of certain domestic source limitations 

relating to specialty metals. 

Sec. 885. Telephone services for military personnel serving in combat zones. 

Sec. 886. Enhanced authority to acquire products and services produced in Iraq and 

Afghanistan. 

Sec. 887. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology. 

Sec. 888. Green procurement policy. 

Sec. 889. Comptroller General review of use of authority under the Defense Production Act of 1950. 

Sec. 890. Prevention of export control violations. 

Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska 

Native-serving institutions. 

Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghanistan. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel and related report. 

Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 

Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions. 

Sec. 904. Management of the Department of Defense. 

Sec. 905. Revision in guidance relating to combatant command acquisition authority. 

Sec. 906. Department of Defense Board of Actuaries. 

Sec. 907. Modification of background requirement of individuals appointed as 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

Sec. 908. Assistant Secretaries of the military departments for acquisition matters; 

principal military deputies. 

Sec. 909. Sense of Congress on term of Office of the Director of Operational Test 

and Evaluation. 

Subtitle B—Space Activities 

Sec. 911. Space protection strategy. 

Sec. 912. Biennial report on management of space cadre within the Department of 

Defense. 

Sec. 913. Additional report on oversight of acquisition for defense space programs. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

Sec. 922. Sense of Congress on completion of destruction of United States chemical 

weapons stockpile. 

Sec. 923. Repeal of certain qualifications requirement for director of chemical demilitarization management organization. 

Sec. 924. Modification of termination of assistance to State and local governments 

after completion of the destruction of the United States chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 

2004. 

Subtitle E—Roles and Missions Analysis 

Sec. 941. Requirement for quadrennial roles and missions review. 


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Sec. 942. Joint Requirements Oversight Council additional duties relating to core 

mission areas. 

Sec. 943. Requirement for certification of major systems prior to technology development. 

Sec. 944. Presentation of future-years mission budget by core mission area. 

Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. 

Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program. 

Sec. 954. Board of Regents for the Uniformed Services University of the Health 

Sciences. 

Sec. 955. Establishment of Department of Defense School of Nursing. 

Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in 

Board of Visitors of Western Hemisphere Institute for Security Cooperation. 

Sec. 957. Comptroller General assessment of reorganization of the Office of the 

Under Secretary of Defense for Policy. 

Sec. 958. Report on foreign language proficiency. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 

year 2008. 

Sec. 1003. Authorization of additional emergency supplemental appropriations for 

fiscal year 2007. 

Sec. 1004. Modification of fiscal year 2007 general transfer authority. 

Sec. 1005. Financial management transformation initiative for the Defense Agencies. 

Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 

Defense. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Limitation on leasing of vessels. 

Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1022. Expansion of authority to provide additional support for counter-drug activities in certain foreign countries. 

Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 

Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1031. Provision of Air Force support and services to foreign military and state 

aircraft. 

Sec. 1032. Department of Defense participation in Strategic Airlift Capability Partnership. 

Sec. 1033. Improved authority to provide rewards for assistance in combating terrorism. 

Sec. 1034. Support for non-Federal development and testing of material for chemical agent defense. 

Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 

Subtitle E—Reports 

Sec. 1041. Extension and modification of report relating to hardened and deeply 

buried targets. 

Sec. 1042. Report on joint modeling and simulation activities. 

Sec. 1043. Renewal of submittal of plans for prompt global strike capability. 

Sec. 1044. Report on workforce required to support the nuclear missions of the 

Navy and the Department of Energy. 

Sec. 1045. Comptroller General report on Defense Finance and Accounting Service 

response to Butterbaugh v. Department of Justice. 

Sec. 1046. Study on size and mix of airlift force. 

Sec. 1047. Report on feasibility of establishing a domestic military aviation national 

training center. 


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Sec. 1048. Limited field user evaluations for combat helmet pad suspension systems. 

Sec. 1049. Study on national security interagency system. 

Sec. 1050. Report on solid rocket motor industrial base. 

Sec. 1051. Reports on establishment of a memorial for members of the Armed 

Forces who died in the air crash in Bakers Creek, Australia, and establishment of other memorials in Arlington National Cemetery. 

Subtitle F—Other Matters 

Sec. 1061. Reimbursement for National Guard support provided to Federal agencies. 

Sec. 1062. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1063. Technical and clerical amendments. 

Sec. 1064. Repeal of certification requirement. 

Sec. 1065. Maintenance of capability for space-based nuclear detection. 

Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo 

Bay, Cuba. Sec. 1067. A report on transferring individuals detained at Naval Station, Guantanamo Bay, Cuba. Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating to 

use of Armed Forces in major public emergencies. 

Sec. 1069. Standards required for entry to military installations in United States. 

Sec. 1070. Revised nuclear posture review. 

Sec. 1071. Termination of Commission on the Implementation of the New Strategic 

Posture of the United States. 

Sec. 1072. Security clearances; limitations. 

Sec. 1073. Improvements in the process for the issuance of security clearances. 

Sec. 1074. Protection of certain individuals. 

Sec. 1075. Modification of authorities on Commission to Assess the Threat to the 

United States from Electromagnetic Pulse Attack. 

Sec. 1076. Sense of Congress on Small Business Innovation Research Program. 

Sec. 1077. Revision of proficiency flying definition. 

Sec. 1078. Qualifications for public aircraft status of aircraft under contract with 

the Armed Forces. 

Sec. 1079. Communications with the Committees on Armed Services of the Senate 

and the House of Representatives. 

Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection 

services. 

Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the 

Air Force. 

Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil 

authorities after certain incidents. 

Sec. 1083. Terrorism exception to immunity. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Extension of authority to waive annual limitation on total compensation 

paid to Federal civilian employees working overseas under areas of 

United States Central Command. 

Sec. 1102. Continuation of life insurance coverage for Federal employees called to 

active duty. 

Sec. 1103. Transportation of dependents, household effects, and personal property 

to former home following death of Federal employee where death resulted from disease or injury incurred in the Central Command area of 

responsibility. 

Sec. 1104. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1105. Death gratuity authorized for Federal employees. 

Sec. 1106. Modifications to the National Security Personnel System. 

Sec. 1107. Requirement for full implementation of personnel demonstration project. 

Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and 

technical personnel. 

Sec. 1109. Pilot program for the temporary assignment of information technology 

personnel to private sector organizations. 

Sec. 1110. Compensation for Federal wage system employees for certain travel 

hours. 

Sec. 1111. Travel compensation for wage grade personnel. 

Sec. 1112. Accumulation of annual leave by senior level employees. 

Sec. 1113. Uniform allowances for civilian employees. 

Sec. 1114. Flexibility in setting pay for employees who move from a Department of 

Defense or Coast Guard nonappropriated fund instrumentality position 

to a position in the General Schedule pay system. 


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Sec. 1115. Retirement service credit for service as cadet or midshipman at a military service academy. 

Sec. 1116. Authorization for increased compensation for faculty and staff of the 

Uniformed Services University of the Health Sciences. 

Sec. 1117. Report on establishment of a scholarship program for civilian mental 

health professionals. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Military-to-military contacts and comparable activities. 

Sec. 1202. Authority for support of military operations to combat terrorism. 

Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of 

certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 

Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for 

missing United States Government personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime 

shipping to foreign countries and international organizations. 

Sec. 1209. Report on foreign-assistance related programs carried out by the Department of Defense. 

Sec. 1210. Extension and enhancement of authority for security and stabilization 

assistance. 

Sec. 1211. Government Accountability Office report on Global Peace Operations Initiative. 

Sec. 1212. Repeal of limitations on military assistance under the American 

Servicemembers’ Protection Act of 2002. 

Subtitle B—Matters Relating to Iraq and Afghanistan 

Sec. 1221. Modification of authorities relating to the Office of the Special Inspector 

General for Iraq Reconstruction. 

Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1223. Report on United States policy and military operations in Iraq. 

Sec. 1224. Report on a comprehensive set of performance indicators and measures 

for progress toward military and political stability in Iraq. 

Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq. 

Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 

Sec. 1227. Sense of Congress on federalism in Iraq. 

Sec. 1228. Tracking and monitoring of defense articles provided to the Government 

of Iraq and other individuals and groups in Iraq. 

Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1230. Report on progress toward security and stability in Afghanistan. 

Sec. 1231. United States plan for sustaining the Afghanistan National Security 

Forces. 

Sec. 1232. Report on enhancing security and stability in the region along the border of Afghanistan and Pakistan. 

Sec. 1233. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and 

Afghanistan. 

Subtitle C—Iraq Refugee Crisis 

Sec. 1241. Short title. 

Sec. 1242. Processing mechanisms. 

Sec. 1243. United States refugee program processing priorities. 

Sec. 1244. Special immigrant status for certain Iraqis. 

Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons. 

Sec. 1246. Countries with significant populations of Iraqi refugees. 

Sec. 1247. Motion to reopen denial or termination of asylum. 

Sec. 1248. Reports. 

Sec. 1249. Authorization of appropriations. 

Subtitle D—Other Authorities and Limitations 

Sec. 1251. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and 

friendly foreign countries. 

Sec. 1252. Extension and expansion of temporary authority to use acquisition and 

cross-servicing agreements to lend military equipment for personnel protection and survivability. 


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Sec. 1253. Acceptance of funds from the Government of Palau for costs of United 

States military Civic Action Team in Palau. 

Sec. 1254. Repeal of requirement relating to North Korea. 

Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 

Sec. 1256. Extension of Counterproliferation Program Review Committee. 

Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Cooperation. 

Sec. 1258. Sense of Congress on Iran. 

Subtitle E—Reports 

Sec. 1261. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque. 

Sec. 1262. Report on United States policy toward Darfur, Sudan. 

Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on 

military power of the People’s Republic of China. 

Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians 

accompanying the Armed Forces during a time of declared war or contingency operation. 

Sec. 1265. Report on family reunions between United States citizens and their relatives in North Korea. 

Sec. 1266. Reports on prevention of mass atrocities. 

Sec. 1267. Report on threats to the United States from ungoverned areas. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside 

the former Soviet Union. 

Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union 

for Cooperative Threat Reduction. 

Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union. 

Sec. 1306. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1307. Report relating to chemical weapons destruction at Shchuch’ye, Russia. 

Sec. 1308. National Academy of Sciences study of prevention of proliferation of biological weapons. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revisions to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Sec. 1413. Disposal of ferromanganese. 

Sec. 1414. Disposal of chrome metal. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1422. Administration and oversight of the Armed Forces Retirement Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 

Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 


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Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Strategic Readiness Fund. 

Sec. 1516. Treatment as additional authorizations. 

Sec. 1517. Special transfer authority. 

TITLE XVI—WOUNDED WARRIOR MATTERS 

Sec. 1601. Short title. 

Sec. 1602. General definitions. 

Sec. 1603. Consideration of gender-specific needs of recovering service members 

and veterans. 

Subtitle A—Policy on Improvements to Care, Management, and Transition of 

Recovering Service Members 

Sec. 1611. Comprehensive policy on improvements to care, management, and transition of recovering service members. 

Sec. 1612. Medical evaluations and physical disability evaluations of recovering 

service members. 

Sec. 1613. Return of recovering service members to active duty in the Armed 

Forces. 

Sec. 1614. Transition of recovering service members from care and treatment 

through the Department of Defense to care, treatment, and rehabilitation through the Department of Veterans Affairs. 

Sec. 1615. Reports. 

Sec. 1616. Establishment of a wounded warrior resource center. 

Sec. 1617. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and 

rehabilitation of, and research on, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions in members 

of the Armed Forces. 

Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Disorder, and Eye Injuries 

Sec. 1621. Center of excellence in the prevention, diagnosis, mitigation, treatment, 

and rehabilitation of traumatic brain injury. 

Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of post-traumatic stress disorder and other mental health 

conditions. 

Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of military eye injuries. 

Sec. 1624. Report on establishment of centers of excellence. 

Subtitle C—Health Care Matters 

Sec. 1631. Medical care and other benefits for members and former members of the 

Armed Forces with severe injuries or illnesses. 

Sec. 1632. Reimbursement of travel expenses of retired members with combat-related disabilities for follow-on specialty care, services, and supplies. 

Sec. 1633. Respite care and other extended care benefits for members of the uniformed services who incur a serious injury or illness on active duty. 

Sec. 1634. Reports. 

Sec. 1635. Fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs. 

Sec. 1636. Enhanced personnel authorities for the Department of Defense for 

health care professionals for care and treatment of wounded and injured 

members of the Armed Forces. 

Sec. 1637. Continuation of transitional health benefits for members of the Armed 

Forces pending resolution of service-related medical conditions. 

Subtitle D—Disability Matters 

Sec. 1641. Utilization of veterans’ presumption of sound condition in establishing 

eligibility of members of the Armed Forces for retirement for disability. 

Sec. 1642. Requirements and limitations on Department of Defense determinations 

of disability with respect to members of the Armed Forces. 

Sec. 1643. Review of separation of members of the Armed Forces separated from 

service with a disability rating of 20 percent disabled or less. 


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Sec. 1644. Authorization of pilot programs to improve the disability evaluation system for members of the Armed Forces. 

Sec. 1645. Reports on Army action plan in response to deficiencies in the Army 

physical disability evaluation system. 

Sec. 1646. Enhancement of disability severance pay for members of the Armed 

Forces. 

Sec. 1647. Assessments of continuing utility and future role of temporary disability 

retired list. 

Sec. 1648. Standards for military medical treatment facilities, specialty medical 

care facilities, and military quarters housing patients and annual report 

on such facilities. 

Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identified at Walter Reed Army Medical Center, District of Columbia. 

Sec. 1650. Required certifications in connection with closure of Walter Reed Army 

Medical Center, District of Columbia. 

Sec. 1651. Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses. 

Subtitle E—Studies and Reports 

Sec. 1661. Study on physical and mental health and other readjustment needs of 

members and former members of the Armed Forces who deployed in Operation Iraqi Freedom and Operation Enduring Freedom and their families. 

Sec. 1662. Access of recovering service members to adequate outpatient residential 

facilities. 

Sec. 1663. Study and report on support services for families of recovering service 

members. 

Sec. 1664. Report on traumatic brain injury classifications. 

Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 

program. 

Subtitle F—Other Matters 

Sec. 1671. Prohibition on transfer of resources from medical care. 

Sec. 1672. Medical care for families of members of the Armed Forces recovering 

from serious injuries or illnesses. 

Sec. 1673. Improvement of medical tracking system for members of the Armed 

Forces deployed overseas. 

Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of 

Columbia. 

Sec. 1675. Use of leave transfer program by wounded veterans who are Federal employees. 

Sec. 1676. Moratorium on conversion to contractor performance of Department of 

Defense functions at military medical facilities. 

TITLE XVII—VETERANS MATTERS 

Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain injury. 

Sec. 1702. Individual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury. 

Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation 

of rehabilitation and community reintegration plans for traumatic brain 

injury. 

Sec. 1704. Research, education, and clinical care program on traumatic brain injury. 

Sec. 1705. Pilot program on assisted living services for veterans with traumatic 

brain injury. 

Sec. 1706. Provision of age-appropriate nursing home care. 

Sec. 1707. Extension of period of eligibility for health care for veterans of combat 

service during certain periods of hostilities and war. 

Sec. 1708. Service-connection and assessments for mental health conditions in veterans. Sec. 1709. Modification of requirements for furnishing outpatient dental services to 

veterans with service-connected dental conditions or disabilities. 

Sec. 1710. Clarification of purpose of outreach services program of Department of 

Veterans Affairs. 

Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 

Servicemembers’ Group Life Insurance. 

TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED 

MATTERS 

Sec. 1801. Short title. 


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Subtitle A—National Guard Bureau 

Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National 

Guard Bureau. 

Sec. 1812. Establishment of National Guard Bureau as joint activity of the Department of Defense. 

Sec. 1813. Enhancement of functions of the National Guard Bureau. 

Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to 

natural disasters and terrorist events. 

Sec. 1815. Determination of Department of Defense civil support requirements. 

Subtitle B—Additional Reserve Component Enhancement 

Sec. 1821. United States Northern Command. 

Sec. 1822. Council of Governors. 

Sec. 1823. Plan for Reserve Forces Policy Board. 

Sec. 1824. High-level positions authorized or required to be held by reserve component general or flag officers. 

Sec. 1825. Retirement age and years of service limitations on certain reserve general and flag officers. 

Sec. 1826. Additional reporting requirements relating to National Guard equipment. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for 

which funds were not appropriated. 

Sec. 2106. Technical amendments to Military Construction Authorization Act for 

Fiscal Year 2007. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project. 

Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 

Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for 

which funds were not appropriated. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project. 

Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, 

Washington County, North Carolina. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects 

for which funds were not appropriated. 

Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects. 

Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Termination or modification of authority to carry out certain fiscal year 

2007 Defense Agencies projects. 

Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, 

and Pueblo Chemical Activity, Colorado. 

Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects. 


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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated. 

Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve 

construction and acquisition projects. 

Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2704. Authorized cost and scope of work variations for military construction 

and military family housing projects related to base closures and realignments. 

Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 

2005 to Department of Defense Housing Funds. 

Sec. 2706. Comprehensive accounting of funding required to ensure timely implementation of 2005 Defense Base Closure and Realignment Commission 

recommendations. 

Sec. 2707. Relocation of units from Roberts United States Army Reserve Center 

and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana. 

Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the realignment of the installation. 

Sec. 2709. Report on availability of traffic infrastructure and facilities to support 

base realignment. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Sec. 2802. Clarification of requirement for authorization of military construction. 

Sec. 2803. Increase in thresholds for unspecified minor military construction 

projects. 

Sec. 2804. Temporary authority to support revitalization of Department of Defense 

laboratories through unspecified minor military construction projects. 

Sec. 2805. Extension of authority to accept equalization payments for facility exchanges. 

Sec. 2806. Modifications of authority to lease military family housing. 

Sec. 2807. Expansion of authority to exchange reserve component facilities. 

Sec. 2808. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities. 

Sec. 2809. Two-year extension of temporary program to use minor military construction authority for construction of child development centers. 

Sec. 2810. Report on housing privatization initiatives. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Requirement to report real property transactions resulting in annual 

costs of more than $750,000. 

Sec. 2822. Continued consolidation of real property provisions without substantive 

change. 


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Sec. 2823. Modification of authority to lease non-excess property of the military departments. 

Sec. 2824. Cooperative agreement authority for management of cultural resources 

on certain sites outside military installations. 

Sec. 2825. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 

Sec. 2826. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations. 

Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

Sec. 2828. Sense of Congress on Department of Defense actions to protect installations, ranges, and military airspace from encroachment. 

Sec. 2829. Reports on Army and Marine Corps operational ranges. 

Sec. 2830. Niagara Air Reserve Base, New York, basing report. 

Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado. 

Subtitle C—Land Conveyances 

Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. 

Sec. 2842. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2844. Modification of lease of property, National Flight Academy at the National Museum of Naval Aviation, Naval Air Station, Pensacola, Florida. 

Sec. 2845. Land exchange, Detroit, Michigan. 

Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan. 

Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina. 

Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, 

Bismarck, North Dakota. 

Sec. 2849. Land exchange, Fort Hood, Texas. 

Subtitle D—Energy Security 

Sec. 2861. Repeal of congressional notification requirement regarding cancellation 

ceiling for Department of Defense energy savings performance contracts. 

Sec. 2862. Definition of alternative fueled vehicle. 

Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of Defense facilities. 

Sec. 2864. Reporting requirements relating to renewable energy use by Department 

of Defense to meet Department electricity needs. 

Subtitle E—Other Matters 

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. 

Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the 

Air Force. 

Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns 

at Arlington National Cemetery, Virginia. 

Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette 

Escadrille Memorial, Marnes-la-Coquette, France. 

Sec. 2875. Addition of Woonsocket local protection project. 

Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico. 

Sec. 2877. Establishment of national military working dog teams monument on 

suitable military installation. 

Sec. 2878. Report required prior to removal of missiles from 564th Missile Squadron. Sec. 2879. Report on condition of schools under jurisdiction of Department of Defense Education Activity. 

Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort 

Hood Military Reservation, Texas. 

Sec. 2881. Report on feasibility of establishing a regional disaster response center 

at Kelly Air Field, San Antonio, Texas. 

Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States House of 

Representatives. 

Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the 

United States House of Representatives. 

Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, 

New York, in honor of the Honorable Sherwood L. Boehlert, a former 

member of the United States House of Representatives. 

Sec. 2885. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former 

member of the United States House of Representatives. 


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Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster 

Center and School, Fort Lee, Virginia, in honor of General Richard H. 

Thompson. Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland. 

TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 

AUTHORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2905. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005 and related authorization of appropriations. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Nuclear test readiness. 

Sec. 3113. Modification of reporting requirement. 

Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition program. Sec. 3115. Modification of limitations on availability of funds for Waste Treatment 

and Immobilization Plant. 

Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the Energy Employees Occupational Illness Compensation Program. Sec. 3117. Technical amendments. 

Subtitle C—Other Matters 

Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead program. Sec. 3122. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex. 

Sec. 3124. Department of Energy protective forces. 

Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan 

for advanced computing. Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United 

States and the Reliable Replacement Warhead program. Sec. 3127. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. Sec. 3128. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. Sec. 3129. Agreements and reports on nuclear forensics capabilities. 

Sec. 3130. Report on status of environmental management initiatives to accelerate 

the reduction of environmental risks and challenges posed by the legacy 

of the Cold War. 

Subtitle D—Nuclear Terrorism Prevention 

Sec. 3131. Definitions. 

Sec. 3132. Sense of Congress on the prevention of nuclear terrorism. 

Sec. 3133. Minimum security standard for nuclear weapons and formula quantities 

of strategic special nuclear material. Sec. 3134. Annual report. 

TITLE XXXII—WAR-RELATED NATIONAL NUCLEAR SECURITY 

ADMINISTRATION AUTHORIZATIONS 

Sec. 3201. Additional war-related authorization of appropriations for National Nuclear Security Administration. 

TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3301. Authorization. 


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TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

Sec. 3402. Remedial action at Moab uranium milling site. 

TITLE XXXV—MARITIME ADMINISTRATION 

Subtitle A—Maritime Administration Reauthorization 

Sec. 3501. Authorization of appropriations for fiscal year 2008. 

Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. 

Sec. 3503. Vessel disposal program. 

Subtitle B—Programs 

Sec. 3511. Commercial vessel chartering authority. 

Sec. 3512. Maritime Administration vessel chartering authority. 

Sec. 3513. Chartering to State and local governmental instrumentalities. 

Sec. 3514. Disposal of obsolete Government vessels. 

Sec. 3515. Vessel transfer authority. 

Sec. 3516. Sea trials for Ready Reserve Force. 

Sec. 3517. Review of applications for loans and guarantees. 

Subtitle C—Technical Corrections 

Sec. 3521. Personal injury to or death of seamen. 

Sec. 3522. Amendments to Chapter 537 based on Public Law 109–163. 

Sec. 3523. Additional amendments based on Public Law 109–163. 

Sec. 3524. Amendments based on Public Law 109–171. 

Sec. 3525. Amendments based on Public Law 109–241. 

Sec. 3526. Amendments based on Public Law 109–364. 

Sec. 3527. Miscellaneous amendments. 

Sec. 3528. Application of sunset provision to codified provision. 

Sec. 3529. Additional technical corrections. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense 

committees’’ has the meaning given that term in section 101(a)(16) 

of title 10, United States Code. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 

Package upgrades. 

Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 

upgrades. 

Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to 

CH-47F configuration. 

Sec. 114. Multiyear procurement authority for CH-47F helicopters. 

Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 

Network-Tactical program pending certification to Congress. 

Sec. 116. Prohibition on closure of Army Tactical Missile System production line 

pending report. 

Sec. 117. Stryker Mobile Gun System. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for Virginia-class submarine program. 

10 USC 101 note. 


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Sec. 122. Report on shipbuilding investment strategy. 

Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 

workforce. 

Sec. 124. Assessments required prior to start of construction on first ship of a shipbuilding program. 

Sec. 125. Littoral Combat Ship (LCS) program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on Joint Cargo Aircraft. 

Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 

Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 

Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 

Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 

Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 

Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for procurement for the Army as follows: (1) For aircraft, $4,168,798,000. 

(2) For missiles, $1,911,979,000. 

(3) For weapons and tracked combat vehicles, $3,007,489,000. 

(4) For ammunition, $2,214,576,000. 

(5) For other procurement, $12,451,312,000. 

(6) For the Joint Improvised Explosive Device Defeat Fund, $228,000,000. 

SEC. 102. NAVY AND MARINE CORPS. 

(a) NAVY.—Funds are hereby authorized to be appropriated 

for fiscal year 2008 for procurement for the Navy as follows: 

(1) For aircraft, $12,432,644,000. 

(2) For weapons, including missiles and torpedoes, 

$3,068,187,000. 

(3) For shipbuilding and conversion, $13,596,120,000. 

(4) For other procurement, $5,209,330,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps 

in the amount of $2,299,419,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2008 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $1,058,832,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for procurement for the Air Force as follows: 

(1) For aircraft, $12,117,800,000. 

(2) For ammunition, $854,167,000. 

(3) For missiles, $4,984,102,000. 

(4) For other procurement, $15,405,832,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for Defense-wide procurement in the amount of 

$3,280,435,000. 


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SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the procurement of aircraft, missiles, wheeled and tracked 

combat vehicles, tactical wheeled vehicles, ammunition, other 

weapons, and other procurement for the reserve components of 

the Armed Forces in the amount of $980,000,000. 

Subtitle B—Army Programs 

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS 

SYSTEM ENHANCEMENT PACKAGE UPGRADES. 

The Secretary of the Army, in accordance with section 2306b 

of title 10, United States Code, may enter into a multiyear contract, 

beginning with the fiscal year 2008 program year, for procurement 

of M1A2 Abrams System Enhancement Package upgrades. 

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 

BRADLEY FIGHTING VEHICLE UPGRADES. 

The Secretary of the Army, in accordance with section 2306b 

of title 10, United States Code, may enter into a multiyear contract, 

beginning with the fiscal year 2008 program year, for procurement 

of M2A3/M3A3 Bradley fighting vehicle upgrades. 

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION 

OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION. 

The Secretary of the Army may, in accordance with section 

2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for conversion of CH-47D helicopters to the CH-47F configuration. 

SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS. 

The Secretary of the Army may, in accordance with section 

2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2008 program year, for procurement of CH-47F helicopters. 

SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE 

WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM PENDING CERTIFICATION TO CONGRESS. 

(a) FUNDING RESTRICTED.—Of the amounts appropriated pursuant to an authorization of appropriations for fiscal year 2008 or 

otherwise made available for Other Procurement, Army, that are 

available for Increment 1 of the Warfighter Information NetworkTactical program, not more than 50 percent may be obligated or 

expended until the Director of Operational Test and Evaluation 

submits to the congressional defense committees a certification, 

in writing, that the Director of Operational Test and Evaluation 

has approved a Test and Evaluation Master Plan and Initial Operational Test Plan for Increment 1 of the Warfighter Information 

Network-Tactical program. 

(b) INCREMENT 1 DEFINED.—For the purposes of this section, 

Increment 1 of the Warfighter Information Network-Tactical program includes all program elements described as constituting 

‘‘Increment 1’’ in the memorandum titled ‘‘Warfighter Information 


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Network-Tactical (WIN-T) Program Acquisition Decision Memorandum’’, dated June 5, 2007, and signed by the Under Secretary 

of Defense for Acquisition, Technology, and Logistics. 

SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE 

SYSTEM PRODUCTION LINE PENDING REPORT. 

(a) PROHIBITION.—Amounts appropriated pursuant to the 

authorization of appropriations in section 101(2) for missiles, Army, 

and in section 1502(4) for missile procurement, Army, and any 

other appropriated funds available to the Secretary of the Army 

may not be used to close the production line for the Army Tactical 

Missile System program until after the date on which the Secretary 

of the Army submits to the congressional defense committees a 

report that contains— 

(1) the certification of the Secretary that the long range 

surface-to-surface strike and counter battery mission of the 

Army can be adequately performed by other Army weapons 

systems or by other elements of the Armed Forces; and 

(2) a plan to mitigate any shortfalls in the industrial base 

that would be created by the closure of the production line. 

(b) SUBMISSION OF REPORT.—The report referred to in subsection (a) is required not later than April 1, 2008. 

SEC. 117. STRYKER MOBILE GUN SYSTEM. 

(a) LIMITATION ON AVAILABILITY OF FUNDS.—None of the 

amounts authorized to be appropriated by sections 101(3) and 

1501(3) for procurement of weapons and tracked combat vehicles 

for the Army may be obligated or expended for purposes of the 

procurement of the Stryker Mobile Gun System until 30 days after 

the date on which the Secretary of the Army certifies to Congress 

that the Stryker Mobile Gun System is operationally effective, 

suitable, and survivable for its anticipated deployment missions. 

(b) WAIVER.—The Secretary of Defense may waive the limitation in subsection (a) if the Secretary— 

(1) determines that further procurement of the Stryker 

Mobile Gun System utilizing amounts referred to in subsection 

(a) is in the national security interest of the United States 

notwithstanding the inability of the Secretary of the Army 

to make the certification required by that subsection; and 

(2) submits to the Congress, in writing, a notification of 

the waiver together with a discussion of— 

(A) the reasons for the determination described in paragraph (1); and 

(B) the actions that will be taken to mitigate any 

deficiencies that cause the Stryker Mobile Gun System 

not to be operationally effective, suitable, or survivable, 

as that case may be, as described in subsection (a). 

Subtitle C—Navy Programs 

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIACLASS SUBMARINE PROGRAM. 

(a) AUTHORITY.—The Secretary of the Navy may, in accordance 

with section 2306b of title 10, United States Code, enter into 

multiyear contracts, beginning with the fiscal year 2009 program 

Plan. 

Certification. 


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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 2306b of title 10, United States Code; 

and 

(2) a period of 30 days has elapsed after the date of the 

transmission of such certification. 

SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY. 

(a) STUDY REQUIRED.—The Secretary of the Navy shall provide 

for a study to determine the effectiveness of current financing 

mechanisms for providing incentives for contractors to make shipbuilding capital expenditures, and to assess potential capital 

expenditure incentives that would lead to ship construction or lifecycle cost savings to the Federal Government. The study shall 

examine— 

(1) potential improvements in design tools and techniques, 

material management, technology insertion, systems integration and testing, and other key processes and functions that 

would lead to reduced construction costs; 

(2) construction process improvements that would reduce 

procurement and life-cycle costs of the vessels under construction at the contractor’s facilities; and 

(3) incentives for investment in shipyard infrastructure 

that support construction process improvements. 

(b) REPORT.—Not later than October 1, 2008, the Secretary 

of the Navy shall submit to the congressional defense committees 

a report providing the results of the study under subsection (a). 

The report shall include each of the following: 

(1) An assessment of the shipbuilding industrial base, as 

measured by a 10-year history for major shipbuilders with 

respect to— 

(A) estimated value of shipbuilding facilities; 

(B) critical shipbuilding capabilities; 

(C) capital expenditures; 

(D) major investments in process improvements; and 

(E) costs for related Navy shipbuilding projects. 

(2) A description of mechanisms available to the Government and industry to finance facilities and process improvements, including— 

(A) contract incentive and award fees; 

(B) facilities capital cost of money; 

(C) facilities depreciation; 

(D) progress payment provisions; 

(E) other contract terms and conditions; 

(F) State and Federal tax provisions and tax incentives; 

(G) the National Shipbuilding Research Program; and 

(H) any other mechanisms available. 

(3) A summary of potential shipbuilding investments that 

offer greatest reduction to shipbuilding costs, including, for 

each such investment— 

(A) a project description; 

Deadline. 

Certification. 


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122 STAT. 28 PUBLIC LAW 110–181—JAN. 28, 2008 

(B) an estimate of required investment; 

(C) the estimated return on investment; and 

(D) alternatives for financing the investment. 

(4) The Navy’s strategy for providing incentives for contractors’ capital expenditures that would lead to ship construction 

or life-cycle savings to the Federal Government, including 

identification of any specific changes in legislative authority 

that would be required for the Secretary to execute this 

strategy. 

(c) UTILIZATION OF OTHER STUDIES AND OUTSIDE EXPERTS.— The study shall build upon the results of the 2005 and 2006 Global 

Shipbuilding Industrial Base Benchmarking studies. Financial analysis associated with the report shall be conducted in consultation 

with financial experts independent of the Department of Defense. 

SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED 

UNITED STATES SHIPYARD WORKFORCE. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the preservation of a robust domestic skilled workforce is required 

for the national shipbuilding infrastructure and particularly essential to the construction of ships for the United States Navy. 

(b) STUDY REQUIRED.— (1) IN GENERAL.—The Secretary of the Navy shall determine, on a one-time, non-recurring basis, and in consultation 

with the Department of Labor, the average number of H2B 

visa workers employed by the major shipbuilders in the 

construction of United States Navy ships during the calendar 

year ending December 31, 2007. The study shall also identify 

the number of workers petitioned by the major shipbuilders 

for use in calendar year 2008, as of the first quarter of calendar 

year 2008. 

(2) REPORT.—Not later than April 1, 2008, the Secretary 

of the Navy shall submit to the congressional defense committees a report containing the results of the study required by 

subsection (b). 

(3) DEFINITIONS.—In this paragraph— 

(A) the term ‘‘major shipbuilder’’ means a prime contractor or a first-tier subcontractor responsible for delivery 

of combatant and support vessels required for the naval 

vessel force, as reported within the annual naval vessel 

construction plan required by section 231 of title 10, United 

States Code; and 

(B) the term ‘‘H2B visa’’ means a non-immigrant visa 

program that permits employers to hire foreign workers 

to come temporarily to the United States and perform 

temporary non-agricultural services or labor on a one-time, 

seasonal, peakload, or intermittent basis. 

SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM. 

(a) IN GENERAL.—Concurrent with approving the start of 

construction of the first ship for any major shipbuilding program, 

the Secretary of the Navy shall— 

(1) submit a report to the congressional defense committees 

on the results of any production readiness review; and 

(2) certify to the congressional defense committees that 

the findings of any such review support commencement of 

construction. 

Certification. 

Reports. 

10 USC 7291 

note. 


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(b) REPORT.—The report required by subsection (a)(1) shall 

include, at a minimum, an assessment of each of the following: 

(1) The maturity of the ship’s design, as measured by 

stability of the ship contract specifications and the degree of 

completion of detail design and production design drawings. 

(2) The maturity of developmental command and control 

systems, weapon and sensor systems, and hull, mechanical 

and electrical systems. 

(3) The readiness of the shipyard facilities and workforce 

to begin construction. 

(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. 

(5) The Navy’s estimated delivery date and description 

of any variance to the contract delivery date. 

(6) The extent to which adequate processes and metrics 

are in place to measure and manage program risks. 

(c) APPLICABILITY.—This section applies to each major shipbuilding program beginning after the date of the enactment of 

this Act. 

(d) DEFINITIONS.—For the purposes of subsection (a): 

(1) START OF CONSTRUCTION.—The term ‘‘start of construction’’ means the beginning of fabrication of the hull and superstructure of the ship. 

(2) FIRST SHIP.—The term ‘‘first ship’’ applies to a ship 

if— 

(A) the ship is the first ship to be constructed under 

that shipbuilding program; or 

(B) the shipyard at which the ship is to be constructed 

has not previously started construction on a ship under 

that shipbuilding program. 

(3) MAJOR SHIPBUILDING PROGRAM.—The term ‘‘major shipbuilding program’’ means a program for the construction of 

combatant and support vessels required for the naval vessel 

force, as reported within the annual naval vessel construction 

plan required by section 231 of title 10, United States Code. 

(4) PRODUCTION READINESS REVIEW.—The term ‘‘production 

readiness review’’ means a formal examination of a program 

prior to the start of construction to determine if the design 

is ready for production, production engineering problems have 

been resolved, and the producer has accomplished adequate 

planning for the production phase. 

SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM. 

Section 124 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3157) is amended by 

striking subsections (a), (b), (c), and (d) and inserting the following: 

‘‘(a) LIMITATION OF COSTS.— 

‘‘(1) IN GENERAL.—The total amount obligated or expended 

for the procurement costs of post-2007 LCS vessels shall not 

exceed $460,000,000 per vessel. 

‘‘(2) PROCUREMENT COSTS.—For purposes of this section, 

procurement costs shall include all costs for plans, basic 

construction, change orders, electronics, ordnance, contractor 

support, and other costs associated with completion of production drawings, ship construction, test, and delivery, including 

work performed post-delivery that is required to meet original 

contract requirements. 


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‘‘(3) POST-2007 LCS VESSELS.—For purposes of this section, 

the term ‘post-2007 LCS vessel’ means a vessel in the Littoral 

Combat Ship (LCS) class of vessels, the procurement of which 

is funded from amounts appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal 

year 2008 or any fiscal year thereafter. 

‘‘(b) CONTRACT TYPE.—The Secretary of the Navy shall employ 

a fixed-price type contract for construction of post-2007 LCS vessels. 

‘‘(c) LIMITATION OF GOVERNMENT LIABILITY.—The Secretary of 

the Navy shall not enter into a contract, or modify a contract, 

for construction or final delivery of post-2007 LCS vessels if the 

limitation of the Government’s cost liability, when added to the 

sum of other budgeted procurement costs, would exceed 

$460,000,000 per vessel. 

‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of 

the Navy may adjust the amount set forth in subsections (a)(1) 

and (c) for vessels referred to in such subsections by the following: 

‘‘(1) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local 

laws enacted after September 30, 2007. 

‘‘(2) The amounts of outfitting costs and costs required 

to complete post-delivery test and trials.’’. 

Subtitle D—Air Force Programs 

SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT. 

No 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 Joint Intra-Theater Airlift Fleet Mix Analysis. 

(7) The Secretary’s certification that— 

(A) there is, within the Department of the Army, 

Department of the Air Force, Army National Guard, or 

Air National Guard, a capability gap or shortfall with 

respect to intra-theater airlift; and 

(B) validated requirements exist to fill that gap or 

shortfall through procurement of the Joint Cargo Aircraft. 

SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U–2 

AIRCRAFT. 

Section 133(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2112) 

is amended— 

(1) in paragraph (1)— 

Certification. 

Study. 

Deadline. 

Submissions. 


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(A) by striking ‘‘After fiscal year 2007’’ and inserting 

‘‘For each fiscal year after fiscal year 2007’’; and 

(B) by inserting after ‘‘Secretary of Defense’’ the following: ‘‘, in that fiscal year,’’; and 

(2) in paragraph (2)— 

(A) by inserting after ‘‘Department of Defense’’ the 

following: ‘‘in a fiscal year’’; and 

(B) by inserting after ‘‘Congress’’ the following: ‘‘in 

that fiscal year’’. 

SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C–130E 

TACTICAL AIRCRAFT. 

(a) IN GENERAL.—Effective as of the date specified in subsection 

(b), section 137(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) 

is repealed. 

(b) SPECIFIED DATE.—The date specified in this subsection is 

the date that is 30 days after the date on which the Secretary 

of the Air Force submits to the congressional defense committees 

the Fleet Mix Analysis Study. 

SEC. 134. LIMITATION ON RETIREMENT OF C–130E/H TACTICAL AIRLIFT 

AIRCRAFT. 

(a) GENERAL PROHIBITION.—The Secretary of the Air Force 

may not retire C–130E/H tactical airlift aircraft during fiscal year 

2008, except as provided in subsection (b). 

(b) CONTINGENT AUTHORITY TO RETIRE CERTAIN C–130E AIRCRAFT.—Effective as of the date specified in subsection (d), subsection (a) shall not apply to C–130E tactical airlift aircraft, and 

the number of such aircraft retired by the Secretary of the Air 

Force during fiscal year 2008 may not exceed 24. 

(c) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 

Air Force shall maintain each C–130E tactical airlift aircraft that 

is retired during fiscal year 2008 in a condition that would allow 

recall of that aircraft to future service. 

(d) SPECIFIED DATE.—The date specified in this subsection is 

the date that is 30 days after the date on which the Secretary 

of the Air Force submits to the congressional defense committees 

the Fleet Mix Analysis Study. 

SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AERIAL 

REFUELING AIRCRAFT. 

(a) LIMITATION ON RETIREMENT OF MORE THAN 48 AIRCRAFT.— 

The Secretary of the Air Force may not retire more than 48 KC– 

135E aerial refueling aircraft of the Air Force during fiscal year 

2008, except as provided in subsection (b). 

(b) CONTINGENT AUTHORITY TO RETIRE 37 ADDITIONAL AIRCRAFT.—Effective as of the date specified in subsection (c), the 

number of such aircraft retired by the Secretary of the Air Force 

during fiscal year 2008 may not exceed 85. 

(c) SPECIFIED DATE.—The date specified in this subsection is 

the date that is 15 days after the date on which the Secretary 

of the Air Force submits to the congressional defense committees 

the Secretary’s certification that— 

(1) the system design and development contract for the 

KC-X program has been awarded; and 

(2) if a protest is submitted pursuant to subchapter 5 

of title 31, United States Code— 

Certification. 

Effective date. 

Study. 

Effective date. 

Study. 

Effective date. 


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122 STAT. 32 PUBLIC LAW 110–181—JAN. 28, 2008 

(A) the protest has been resolved in favor of the Federal 

agency; or 

(B) the Secretary has authorized performance of the 

contract (notwithstanding the protest). 

SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C–130E 

TACTICAL AIRLIFT AIRCRAFT. 

The Secretary of the Air Force may transfer not more than 

3 C–130E tactical airlift aircraft, allowed to be retired under the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364), to the Government of Iraq. 

SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B–52 

BOMBER AIRCRAFT. 

(a) MAINTENANCE OF PRIMARY, BACKUP, AND ATTRITION

RESERVE INVENTORY OF AIRCRAFT.—Subsection (a) of section 131 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 120 Stat. 2111) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘and’’ at the end; 

(B) in subparagraph (B), by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(C) shall maintain in a common capability configuration a primary aircraft inventory of not less than 63 such 

aircraft, a backup aircraft inventory of not less than 11 

such aircraft, and an attrition reserve aircraft inventory 

of not less than 2 such aircraft; and 

‘‘(D) shall not keep any such aircraft referred to in 

subparagraph (C) in a status considered excess to the 

requirements of the possessing command and awaiting disposition instructions.’’; and 

(2) by adding at the end the following: 

‘‘(3) DEFINITIONS.—For purposes of paragraph (1): 

‘‘(A) The term ‘primary aircraft inventory’ means aircraft assigned to meet the primary aircraft authorization 

to— 

‘‘(i) a unit for the performance of its wartime mission; 

‘‘(ii) a training unit primarily for technical and 

specialized training for crew personnel or leading to 

aircrew qualification; 

‘‘(iii) a test unit for testing of the aircraft or its 

components for purposes of research, development, test 

and evaluation, operational test and evaluation, or to 

support testing programs; or 

‘‘(iv) meet requirements for special missions not 

elsewhere classified. 

‘‘(B) The term ‘backup aircraft inventory’ means aircraft above the primary aircraft inventory to permit scheduled and unscheduled depot level maintenance, modifications, inspections, and repairs, and certain other mitigating 

circumstances without reduction of aircraft available for 

the assigned mission. 

‘‘(C) The term ‘attrition reserve aircraft inventory’ 

means aircraft required to replace anticipated losses of 

primary aircraft inventory due to peacetime accidents or 

wartime attrition. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 33 

‘‘(4) TREATMENT OF RETIRED AIRCRAFT.—Of the aircraft 

retired in accordance with paragraph (1)(A), the Secretary of 

the Air Force may use not more than 2 such aircraft for maintenance ground training.’’. 

(b) NOTICE OF RETIREMENT.—Subsection (b)(1) of such section 

is amended by striking ‘‘45 days’’ and inserting ‘‘60 days’’. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Operational test and evaluation of Future Combat Systems network. 

Sec. 212. Limitation on use of funds for systems development and demonstration 

of Joint Light Tactical Vehicle Program. 

Sec. 213. Requirement to obligate and expend funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 

technology program. 

Sec. 215. Advanced Sensor Applications Program. 

Sec. 216. Active protection systems. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities. 

Sec. 222. Study on future roles and missions of the Missile Defense Agency. 

Sec. 223. Budget and acquisition requirements for Missile Defense Agency activities. 

Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA missile. 

Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 

programs. 

Sec. 226. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe. 

Sec. 227. Sense of Congress on missile defense cooperation with Israel. 

Sec. 228. Limitation on availability of funds for deployment of missile defense 

interceptors in Alaska. 

Sec. 229. Policy of the United States on protection of the United States and its allies against Iranian ballistic missiles. 

Subtitle D—Other Matters 

Sec. 231. Coordination of human systems integration activities related to acquisition programs. 

Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 

equipment. 

Sec. 233. Modification of cost sharing requirement for Technology Transition Initiative. 

Sec. 234. Report on implementation of Manufacturing Technology Program. 

Sec. 235. Assessment of sufficiency of test and evaluation personnel. 

Sec. 236. Repeal of requirement for separate reports on technology area review and 

assessment summaries. 

Sec. 237. Modification of notice and wait requirement for obligation of funds for foreign comparative test program. 

Sec. 238. Strategic Plan for the Manufacturing Technology Program. 

Sec. 239. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs. 

Sec. 240. Enhancement of defense nanotechnology research and development program. 

Sec. 241. Federally funded research and development center assessment of the Defense Experimental Program to Stimulate Competitive Research. 

Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 

Laser Systems Test Facility. 

Sec. 243. Prompt global strike. 


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122 STAT. 34 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,840,392,000. 

(2) For the Navy, $16,980,732,000. 

(3) For the Air Force, $25,692,521,000. 

(4) For Defense-wide activities, $20,213,900,000, of which 

$180,264,000 is authorized for the Director of Operational Test 

and Evaluation. 

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 

(a) FISCAL YEAR 2008.—Of the amounts authorized to be appropriated by section 201, $10,913,944,000 shall be available for the 

Defense Science and Technology Program, including basic research, 

applied research, and advanced technology development projects. 

(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 

term ‘‘basic research, applied research, and advanced technology 

development’’ means work funded in program elements for defense 

research and development under Department of Defense budget 

activity 1, 2, or 3. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT 

SYSTEMS NETWORK. 

(a) OPERATIONAL TEST AND EVALUATION REQUIRED.—The Secretary of the Army, in cooperation with the Director, Operational 

Test and Evaluation, shall complete an operational test and evaluation (as defined in section 139(a)(2)(A) of title 10, United States 

Code), of the FCS network in a realistic environment simulating 

operational conditions. The operational test and evaluation shall— 

(1) be conducted in accordance with a Future Combat Systems Test and Evaluation Master Plan approved by the 

Director, Operational Test and Evaluation; 

(2) be conducted using prototype equipment, sensors, and 

software for the FCS network; 

(3) be conducted in a manner that simulates a full Future 

Combat Systems brigade; 

(4) be conducted, to the maximum extent possible, using 

actual communications equipment instead of computer simulations; 

(5) be conducted in a realistic operational electronic warfare 

environment, including enemy electronic warfare and network 

attacks; and 

(6) include, to the maximum extent possible, all sensor 

information feeds the FCS network is designed to incorporate. 

(b) FCS NETWORK DEFINED.—In this section, the term ‘‘FCS 

network’’ includes all sensors, information systems, computers, and 


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communications systems necessary to support Future Combat Systems brigade operations. 

(c) REPORT.—Not later than 120 days after completing the 

operational test and evaluation required by subsection (a), the 

Director, Operational Test and Evaluation shall submit to the 

congressional defense committees a report on the outcome of the 

operational test and evaluation. The report shall include, at a 

minimum— 

(1) an evaluation of the overall operational effectiveness 

of the FCS network, including— 

(A) an evaluation of the FCS network’s capability to 

transmit the volume and classes of data required by Future 

Combat Systems approved requirements; and 

(B) an evaluation of the FCS network’s performance 

in a degraded condition due to enemy network attack, 

sophisticated enemy electronic warfare, adverse weather 

conditions, and terrain variability; 

(2) an evaluation of the FCS network’s ability to improve 

friendly force knowledge of the location and capability of enemy 

forces and combat systems; and 

(3) an evaluation of the overall operational suitability of 

the FCS network. 

(d) LIMITATION PENDING SUBMISSION OF REPORT.— 

(1) IN GENERAL.—No funds, with the exception of funds 

for advanced procurement, appropriated pursuant to an 

authorization of appropriations or otherwise made available 

to the Department of the Army for any fiscal year may be 

obligated for low-rate initial production or full-rate production 

of Future Combat Systems manned ground vehicles until 60 

days after the date on which the report is submitted under 

subsection (c). 

(2) WAIVER AUTHORITY.—The Secretary of Defense may 

waive the limitation in paragraph (1) if the Secretary determines that such a waiver is critical for national security. Such 

a waiver shall not become effective until 45 days after the 

date on which the Secretary submits to the congressional 

defense committees a written notice of the waiver. 

(3) INAPPLICABILITY TO THE NON LINE OF SIGHT CANNON

VEHICLE.—The limitation in paragraph (1) does not apply to 

the Non Line of Sight Cannon vehicle. 

SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT 

AND DEMONSTRATION OF JOINT LIGHT TACTICAL 

VEHICLE PROGRAM. 

Of the amounts appropriated pursuant to an authorization 

of appropriations or otherwise made available for the Joint Light 

Tactical Vehicle Program for the acquisition program phase of systems development and demonstration for fiscal year 2008 or any 

fiscal year thereafter, no more than 50 percent of those amounts 

may be obligated or expended until after— 

(1) the Under Secretary of Defense for Acquisition, Technology, and Logistics, or the appropriate milestone decision 

authority, makes the certification required by section 2366a 

of title 10, United States Code, with respect to the Joint Light 

Tactical Vehicle Program; and 

(2) the certification has been received by the congressional 

defense committees. 

Certification. 


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122 STAT. 36 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR 

DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE 

PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER. 

Of the funds appropriated pursuant to an authorization of 

appropriations or otherwise made available for fiscal year 2008 

or any year thereafter, for research, development, test, and evaluation and procurement for the Joint Strike Fighter Program, the 

Secretary of Defense shall ensure the obligation and expenditure 

in each such fiscal year of sufficient annual amounts for the continued development and procurement of 2 options for the propulsion 

system for the Joint Strike Fighter in order to ensure the development and competitive production for the propulsion system for 

the Joint Strike Fighter. 

SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM. 

No funds available to the Office of the Secretary of Defense 

for any fiscal year may be obligated or expended for the defensewide manufacturing science and technology program unless the 

Director, Defense Research and Engineering, ensures each of the 

following: 

(1) A component of the Department of Defense has 

requested and evaluated— 

(A) competitive proposals, for each project under the 

program that is not a project covered by subparagraph 

(B); and 

(B) proposals from as many sources as is practicable 

under the circumstances, for a project under the program 

if the disclosure of the needs of the Department of Defense 

with respect to that project would compromise the national 

security. 

(2) Each project under the program is carried out— 

(A) in accordance with the statutory requirements of 

the Manufacturing Technology Program established by section 2521 of title 10, United States Code; and 

(B) in compliance with all requirements of any directive 

that applies to manufacturing technology. 

(3) An implementation plan has been developed. 

SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM. 

(a) TRANSFER OF FUNDS.—(1) Of the amount authorized to 

be appropriated by section 201(3) for research, development, test, 

and evaluation, Air Force activities, and made available for the 

activities of the Intelligence Systems Support Office, an aggregate 

of $13,000,000 shall be transferred to the Advanced Sensor Applications Program not later than 60 days after the date of the enactment 

of this Act. 

(2) Of the amount authorized to be appropriated by section 

301(2) for operation and maintenance, Navy activities, and made 

available for the activities of the Office of Naval Intelligence, an 

aggregate of $5,000,000 shall be transferred to the Advanced Sensor 

Applications Program not later than 60 days after the date of 

the enactment of this Act. 

(b) ASSIGNMENT OF PROGRAM.—Management of the program 

shall reside within the office of the Under Secretary of Defense 

for Intelligence until certain conditions specified in the classified 

annex to the statement of managers accompanying this Act are 

Deadlines. 

10 USC 2521 

note. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 37 

met. The program shall be executed by the Commander, Naval 

Air Systems Command in consultation with the Program Executive 

Officer for Aviation for the Navy. 

SEC. 216. ACTIVE PROTECTION SYSTEMS. 

(a) LIVE-FIRE TESTS REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall undertake 

live-fire tests, of appropriate foreign and domestic active protection systems with size, weight, and power characteristics suitable for protecting wheeled tactical vehicles, especially light 

wheeled tactical vehicles, in order— 

(A) to determine the effectiveness of such systems for 

protecting wheeled tactical vehicles; and 

(B) to develop information useful in the consideration 

of the adoption of such systems in defense acquisition programs. 

(2) REPORTS.—Not later than March 1 of each of 2008 

and 2009, the Secretary shall submit to the congressional 

defense committees a report on the results of the tests undertaken under paragraph (1) as of the date of such report. 

(3) FUNDING.—The live-fire tests required by paragraph 

(1) shall be conducted using funds authorized and appropriated 

for the Joint Improvised Explosive Device Defeat Fund. 

(b) COMPREHENSIVE ASSESSMENT REQUIRED.— 

(1) IN GENERAL.—The Secretary shall undertake a comprehensive assessment of active protection systems in order 

to develop information useful in the development of joint active 

protection systems and other defense programs. 

(2) ELEMENTS.—The assessment under paragraph (1) shall 

include— 

(A) an identification of the potential merits and operational costs of the use of active protection systems by 

United States military forces; 

(B) a characterization of the threats that use of active 

protection systems by potential adversaries would pose to 

United States military forces and weapons; 

(C) an identification and assessment of countermeasures to active protection systems; 

(D) an analysis of collateral damage potential of active 

protection systems; 

(E) an identification and assessment of emerging 

direct-fire and top-attack threats to defense systems that 

could potentially deploy active protection systems; and 

(F) an identification and assessment of critical technology elements of active protection systems. 

(3) REPORT.—Not later than December 31, 2008, the Secretary shall submit to the congressional defense committees 

a report on the assessment under paragraph (1). 

Subtitle C—Ballistic Missile Defense 

SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND 

EVALUATION, IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES. 

Section 139 of title 10, United States Code, is amended— 


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122 STAT. 38 PUBLIC LAW 110–181—JAN. 28, 2008 

(1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f)(1) The Director of the Missile Defense Agency shall make 

available to the Director of Operational Test and Evaluation the 

results of all tests and evaluations conducted by the Missile Defense 

Agency and of all studies conducted by the Missile Defense Agency 

in connection with tests and evaluations in the Missile Defense 

Agency. 

‘‘(2) The Director of Operational Test and Evaluation may 

require that such observers as the Director designates be present 

during the preparation for and the conducting of any test and 

evaluation conducted by the Missile Defense Agency. 

‘‘(3) The Director of Operational Test and Evaluation shall 

have access to all records and data in the Department of Defense 

(including the records and data of the Missile Defense Agency) 

that the Director considers necessary to review in order to carry 

out his duties under this subsection.’’. 

SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE 

DEFENSE AGENCY. 

(a) IN GENERAL.—The Secretary of Defense shall enter into 

an agreement with 1 of the Federally Funded Research and Development Centers under which the Center shall carry out an independent study to examine, and make recommendations with respect 

to, the long-term structure, roles, and missions of the Missile 

Defense Agency. 

(b) MATTERS INCLUDED.— 

(1) REVIEW.—The study shall include a full review of the 

structure, roles, and missions of the Missile Defense Agency. 

(2) ASSESSMENTS.—The study shall include an examination 

and assessment of the current and future— 

(A) structure, roles, and missions of the Missile Defense 

Agency; 

(B) relationship of the Missile Defense Agency with— 

(i) the Office of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics; 

(ii) the Office of the Under Secretary of Defense 

for Policy; 

(iii) the Director of Operational Test and Evaluation; 

(iv) the Commander of the United States Strategic 

Command and other combatant commanders; 

(v) the Joint Requirements Oversight Council; and 

(vi) the military departments; 

(C) operations and sustainment of missile defenses; 

(D) acquisition process for missile defense; 

(E) requirements process for missile defense; and 

(F) transition and transfer of missile defense capabilities to the military departments. 

(3) RECOMMENDATIONS.—The study shall include recommendations as to how the Missile Defense Agency can be 

made more effective to support the needs of the warfighter, 

especially with regard to near-term missile defense capabilities. 

The study shall also examine the full range of options for 

Records. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 39 

the future of the Missile Defense Agency and shall include, 

but not be limited to, specific recommendations as to whether— 

(A) the Missile Defense Agency should be maintained 

in its current configuration; 

(B) the scope and nature of the Missile Defense Agency 

should be changed from an organization focused on research 

and development to an organization focused on combat 

support; 

(C) any functions and responsibilities should be added 

to the Missile Defense Agency, in part or in whole, from 

other entities such as the United States Strategic Command and the military departments; and 

(D) any functions and responsibilities of the Missile 

Defense Agency should be transferred, in part or in whole, 

to other entities such as the United States Strategic Command and the military departments. 

(c) COOPERATION FROM GOVERNMENT.—In carrying out the 

study, the Federally Funded Research and Development Center 

shall receive the full and timely cooperation of the Secretary of 

Defense and any other United States Government official in providing the Center with analyses, briefings, and other information 

necessary for the fulfillment of its responsibilities. 

(d) REPORT.—Not later than September 1, 2008, the Federally 

Funded Research and Development Center shall submit to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report on 

its findings, conclusions, and recommendations. 

(e) FUNDING.—Funds for the study shall be provided from 

amounts appropriated for the Department of Defense. 

SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE 

DEFENSE AGENCY ACTIVITIES. 

(a) REVISED BUDGET STRUCTURE.—The budget justification 

materials submitted to Congress in support of the Department 

of Defense budget for any fiscal year after fiscal year 2009 (as 

submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) shall set forth separately amounts 

requested for the Missile Defense Agency for each of the following: 

(1) Research, development, test, and evaluation. 

(2) Procurement. 

(3) Operation and maintenance. 

(4) Military construction. 

(b) REVISED BUDGET STRUCTURE FOR FISCAL YEAR 2009.—The 

budget justification materials submitted to Congress in support 

of the Department of Defense budget for fiscal year 2009 (as submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) shall— 

(1) identify all known and estimated operation and support 

costs; and 

(2) set forth separately amounts requested for the Missile 

Defense Agency for each of the following: 

(A) Research, development, test, and evaluation. 

(B) Procurement or advance procurement of long lead 

items, including for Terminal High Altitude Area Defense 

firing units 3 and 4, and for Standard Missile-3 Block 

1A interceptors. 

(C) Military construction. 

10 USC 223 note. 


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122 STAT. 40 PUBLIC LAW 110–181—JAN. 28, 2008 

(c) AVAILABILITY OF RDT&E FUNDS FOR FISCAL YEAR 2009.— 

Upon approval by the Secretary of Defense, and consistent with 

the plan submitted under subsection (f), funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency— 

(1) may be used for the fielding of ballistic missile defense 

capabilities approved previously by Congress; and 

(2) may not be used for— 

(A) military construction activities; or 

(B) procurement or advance procurement of long lead 

items, including for Terminal High Altitude Area Defense 

firing units 3 and 4, and for Standard Missile-3 Block 

1A interceptors. 

(d) FULL FUNDING REQUIREMENT NOT APPLICABLE TO USE OF

PROCUREMENT FUNDS FOR FISCAL YEARS 2009 AND 2010.—In any 

case in which funds appropriated pursuant to an authorization 

of appropriations or otherwise made available for procurement for 

the Missile Defense Agency for fiscal years 2009 and 2010 are 

used for the fielding of ballistic missile defense capabilities, the 

funds may be used for the fielding of those capabilities on an 

‘‘incremental’’ basis, notwithstanding any law or policy of the 

Department of Defense that would otherwise require a ‘‘full funding’’ 

basis. 

(e) RELATIONSHIP TO OTHER LAW.—Nothing in this provision 

shall be construed to alter or otherwise affect in any way the 

applicability of the requirements and other provisions of section 

234(a) through (d) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 1837; 10 U.S.C. 2431 note). 

(f) PLAN REQUIRED.—Not later than March 1, 2008, the Director 

of the Missile Defense Agency shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a plan for transitioning the Missile 

Defense Agency from using exclusively research, development, test, 

and evaluation funds to using procurement, military construction, 

operations and maintenance, and research, development, test, and 

evaluation funds for the appropriate budget activities, and for 

transitioning from incremental funding to full funding for fiscal 

years after fiscal year 2010. 

(g) OBJECTIVES FOR ACQUISITION ACTIVITIES.— 

(1) IN GENERAL.—Commencing as soon as practicable, but 

not later than the submittal to Congress of the budget for 

the President for fiscal year 2009 under section 1105(a) of 

title 31, United States Code, the Missile Defense Agency shall 

take appropriate actions to achieve the following objectives 

in its acquisition activities: 

(A) Improved transparency. 

(B) Improved accountability. 

(C) Enhanced oversight. 

(2) REQUIRED ACTIONS.—In order to achieve the objectives 

specified in paragraph (1), the Missile Defense Agency shall, 

at a minimum, take actions as follows: 

(A) Establish acquisition cost, schedule, and performance baselines for each ballistic missile defense system 

element that— 

Deadline. 


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(i) has entered the equivalent of the systems 

development and demonstration phase of acquisition; 

or 

(ii) is being produced and acquired for operational 

fielding. 

(B) Provide unit cost reporting data for each ballistic 

missile defense system element covered by subparagraph 

(A), and secure independent estimation and verification 

of such cost reporting data. 

(C) Include, in the budget justification materials 

described in subsection (a), a description of actions being 

taken in the fiscal year in which such materials are submitted, and the actions to be taken in the fiscal year 

covered by such materials, to achieve such objectives. 

(3) SPECIFICATION OF BALLISTIC MISSILE DEFENSE SYSTEM

ELEMENTS.—The ballistic missile defense system elements that, 

as of October 2007, are ballistic missile defense system elements 

covered by paragraph (2)(A) are the following elements: 

(A) Ground-based Midcourse Defense. 

(B) Aegis Ballistic Missile Defense. 

(C) Terminal High Altitude Area Defense. 

(D) Forward-Based X-band radar-Transportable (AN/ 

TPY–2). 

(E) Command, Control, Battle Management, and 

Communications. 

(F) Sea-Based X-band radar. 

(G) Upgraded Early Warning radars. 

SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD 

ON SM–3 BLOCK IIA MISSILE. 

None 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. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF 

BALLISTIC MISSILE DEFENSE PROGRAMS. 

Section 232(g) of the National Defense Authorization Act for 

Fiscal Year 2002 (10 U.S.C. 2431 note) is amended— 

(1) in paragraph (1), by striking ‘‘through 2008’’ and 

inserting ‘‘through 2013’’; and 

(2) in paragraph (2), by striking ‘‘through 2009’’ and 

inserting ‘‘through 2014’’. 

SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE 

DEFENSES IN EUROPE. 

(a) GENERAL LIMITATION.—No funds authorized to be appropriated by this Act may be obligated or expended for procurement, 

site activation, construction, preparation of equipment for, or 

Japan. 

Certification. 


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122 STAT. 42 PUBLIC LAW 110–181—JAN. 28, 2008 

deployment of a long-range missile defense system in Europe until 

the following conditions have been met: 

(1) The governments of the countries in which major components of such missile defense system (including interceptors 

and associated radars) are proposed to be deployed have each 

given final approval to any missile defense agreements negotiated between such governments and the United States 

Government concerning the proposed deployment of such 

components in their countries. 

(2) Forty five days have elapsed following the receipt by 

Congress of the report required under subsection (c)(6). 

(b) ADDITIONAL LIMITATION.—In addition to the limitation in 

subsection (a), no funds authorized to be appropriated by this Act 

may be obligated or expended for the acquisition or deployment 

of operational missiles of a long-range missile defense system in 

Europe until the Secretary of Defense, after receiving the views 

of the Director of Operational Test and Evaluation, submits to 

Congress a report certifying that the proposed interceptor to be 

deployed as part of such missile defense system has demonstrated, 

through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner. 

(c) REPORT ON INDEPENDENT ASSESSMENT FOR BALLISTIC MISSILE DEFENSE IN EUROPE.— 

(1) INDEPENDENT ASSESSMENT.—Not later than 30 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall select a federally funded research and development center to conduct an independent assessment of options 

for ballistic missile defense for forward deployed forces of the 

United States and its allies in Europe and for the United 

States homeland. 

(2) ANALYSIS OF ADMINISTRATION PROPOSAL.—The study 

shall provide a full analysis of the Administration’s proposal 

to protect forward-deployed forces of the United States and 

its allies in Europe, forward-deployed radars in Europe, and 

the United States by deploying, in Europe, interceptors and 

radars of the Ground-Based Midcourse Defense (GMD) system. 

In providing the analysis, the study shall examine each of 

the following matters: 

(A) The threat to Europe and the United States of 

ballistic missiles (including short-range, medium-range, 

intermediate-range, and long-range ballistic missiles) from 

Iran, including the likelihood and timing of such threats. 

(B) The technical capabilities of the system, as so 

deployed, to effectively protect forward-deployed forces of 

the United States and its allies in Europe, forward-deployed 

radars in Europe, and the United States against the threat 

specified in subparagraph (A). 

(C) The degree of coverage of the European territory 

of members of the North Atlantic Treaty Organization. 

(D) The political implications of such a deployment 

on the United States, the North Atlantic Treaty Organization, and other interested parties. 

(E) Integration and interoperability with North 

Atlantic Treaty Organization missile defenses. 

(F) The operational issues associated with such a 

deployment, including operational effectiveness. 

Reports. 

Certification. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 43 

(G) The force structure implications of such a deployment, including a comparative analysis of alternative 

deployment options. 

(H) The budgetary implications of such a deployment, 

including possible allied cost sharing, and the cost-effectiveness of such a deployment. 

(I) Command and control arrangements, including any 

command and control roles for the United States European 

Command and the North Atlantic Treaty Organization. 

(J) Potential opportunities for participation by the 

Government of Russia. 

(3) ANALYSIS OF ALTERNATIVES.—The study shall also provide a full analysis of alternative systems that could be deployed 

to fulfill, in whole or in part, the protective purposes of the 

Administration’s proposal. The alternative systems shall 

include a range of feasible combinations of other missile defense 

systems that are available or are expected to be available 

as of 2015 and 2020. These should include, but not be limited 

to, the following: 

(A) The Patriot PAC–3 system. 

(B) The Medium Extended Air Defense System. 

(C) The Aegis Ballistic Missile Defense system, with 

all variants of the Standard Missile–3 interceptor. 

(D) The Terminal High Altitude Area Defense 

(THAAD) system. 

(E) Forward-Based X-band Transportable (FBX-T) 

radars. 

(F) The Kinetic Energy Interceptor (KEI). 

(G) Other non-United States, North Atlantic Treaty 

Organization missile defense systems or components. 

(4) MATTERS EXAMINED.—In providing the analysis, the 

study shall examine, for each alternative system included, each 

of the matters specified in paragraph (2). 

(5) COOPERATION OF OTHER AGENCIES.—The Secretary of 

Defense shall provide the federally funded research and 

development center selected under paragraph (1) data, analyses, briefings, and other information as the center considers 

necessary to carry out the assessment described in that paragraph. Furthermore, the Director of National Intelligence and 

the heads of other departments and agencies of the United 

States Government shall also provide the center the appropriate 

data, analyses, briefings, and other information necessary for 

the purpose of carrying out the assessment described in that 

paragraph. 

(6) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the federally funded research and 

development center shall submit to the congressional defense 

committees and the Secretary of Defense a report on the results 

of the study. The report shall be in unclassified form, but 

may include a classified annex. 

(7) FUNDING.—Of the amounts appropriated or otherwise 

made available pursuant to the authorization of appropriations 

in section 201(4), $1,000,000 is available to carry out the study 

required by this subsection. 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

to limit continuing obligation and expenditure of funds for missile 


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122 STAT. 44 PUBLIC LAW 110–181—JAN. 28, 2008 

defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but 

not limited to, site surveys, studies, analysis, and planning and 

design for the proposed missile defense deployment in Europe. 

SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION 

WITH ISRAEL. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should have an active program of ballistic missile 

defense cooperation with Israel, and should take steps to improve 

the coordination, interoperability, and integration of United States 

and Israeli missile defense capabilities, and to enhance the capability of both nations to defend against ballistic missile threats 

present in the Middle East region. 

(b) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the status of missile defense cooperation between the United 

States and Israel. 

(2) CONTENT.—The report submitted under this subsection 

shall include each of the following: 

(A) A description of the current program of ballistic 

missile defense cooperation between the United States and 

Israel, including its objectives and results to date. 

(B) A description of steps taken within the previous 

five years to improve the interoperability and coordination 

of the missile defense capabilities of the United States 

and Israel. 

(C) A description of steps planned to be taken by 

the governments of the United States and Israel in the 

future to improve the coordination, interoperability, and 

integration of their missile defense capabilities. 

(D) A description of joint efforts of the United States 

and Israel to develop ballistic missile defense technologies. 

(E) A description of joint missile defense exercises and 

training that have been conducted by the United States 

and Israel, and the lessons learned from those exercises. 

(F) A description of the joint missile defense testing 

activities of the United States and Israel, past and planned, 

and the benefits of such joint testing activities. 

(G) A description of how the United States and Israel 

share threat assessments regarding the ballistic missile 

threat. 

(H) Any other matters that the Secretary considers 

appropriate. 

SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT 

OF MISSILE DEFENSE INTERCEPTORS IN ALASKA. 

None of the funds authorized to be appropriated by this Act 

may be obligated or expended to deploy more than 40 GroundBased Interceptors at Fort Greely, Alaska, until the Secretary of 

Defense, after receiving the views of the Director of Operational 

Test and Evaluation, submits to Congress a certification that the 

Block 2006 Ground-based Midcourse Defense element of the Ballistic Missile Defense System has demonstrated, through operationally realistic end-to-end flight testing, that it has a high probability 

of working in an operationally effective manner. 

Certification. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 45 

SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE 

UNITED STATES AND ITS ALLIES AGAINST IRANIAN BALLISTIC MISSILES. 

(a) FINDING.—Congress finds that Iran maintains a nuclear 

program in continued defiance of the international community while 

developing ballistic missiles of increasing sophistication and range 

that— 

(1) pose a threat to— 

(A) the forward-deployed forces of the United States; 

(B) North Atlantic Treaty Organization (NATO) allies 

in Europe; and 

(C) other allies and friendly foreign countries in the 

region; and 

(2) eventually could pose a threat to the United States 

homeland. 

(b) POLICY OF THE UNITED STATES.—It is the policy of the 

United States— 

(1) to develop, test, and deploy, as soon as technologically 

feasible, in conjunction with allies and friendly foreign countries 

whenever possible, an effective defense against the threat from 

Iran described in subsection (a) that will provide protection— 

(A) for the forward-deployed forces of the United 

States, NATO allies, and other allies and friendly foreign 

countries in the region; and 

(B) for the United States homeland; 

(2) to encourage the NATO alliance to accelerate its efforts 

to— 

(A) protect NATO territory in Europe against the 

existing threat of Iranian short- and medium-range ballistic 

missiles; and 

(B) facilitate the ability of NATO allies to acquire 

the missile defense systems needed to provide a widearea defense capability against short- and medium-range 

ballistic missiles; and 

(3) to proceed with the activities specified in paragraphs 

(1) and (2) in a manner such that any missile defense systems 

fielded by the United States in Europe are integrated with 

or complementary to missile defense systems fielded by NATO 

in Europe. 

Subtitle D—Other Matters 

SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS. 

(a) IN GENERAL.—The Secretary of Defense, acting through 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics, shall coordinate and manage human systems integration 

activities throughout the acquisition programs of the Department 

of Defense. 

(b) ADMINISTRATION.—In carrying out subsection (a), the Secretary shall designate a senior official to be responsible for the 

effort. 

(c) RESPONSIBILITIES.—In carrying out this section, the senior 

official designated in subsection (b) shall— 

(1) coordinate the planning, management, and execution 

of such activities; and 

10 USC 1701 

note. 

10 USC 2431 

note. 


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122 STAT. 46 PUBLIC LAW 110–181—JAN. 28, 2008 

(2) identify and recommend, as appropriate, resource 

requirements for human systems integration activities. 

(d) DESIGNATION.—The designation required by subsection (b) 

shall be made not later than 60 days after the date of the enactment 

of this Act. 

SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY 

FACILITIES, SERVICES, AND EQUIPMENT. 

Section 2539b of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2) by striking ‘‘and’’ at the end; 

(B) in paragraph (3) by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(4) make available to any person or entity, through leases, 

contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research 

center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private 

sector.’’; 

(2) in subsection (c)— 

(A) by striking ‘‘for services’’; and 

(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsections (a)(3) and (a)(4)’’; and 

(3) in subsection (d)— 

(A) by striking ‘‘for services made available’’; and 

(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsections (a)(3) and (a)(4)’’. 

SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE. 

Paragraph (2) of section 2359a(f) of title 10, United States 

Code, is amended to read as follows: 

‘‘(2) The amount of funds provided to a project under paragraph 

(1) by the military department or Defense Agency concerned shall 

be the appropriate share of the military department or Defense 

Agency, as the case may be, of the cost of the project, as determined 

by the Manager.’’. 

SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM. 

(a) REPORT REQUIRED.—Not later than September 1, 2008, the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the implementation of 

the technologies and processes developed under the Manufacturing 

Technology Program required by section 2521 of title 10, United 

States Code. 

(b) ELEMENTS.—The report shall identify each technology or 

process implemented and, for each such technology or process, 

shall identify— 

(1) the project of the Manufacturing Technology Program 

through which the technology or process was developed, the 

Federal and non-Federal participants in that project, and the 

duration of the project; 

(2) the organization or program implementing the technology or process, and a description of the implementation; 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 47 

(3) the funding required to implement the technology or 

process, including— 

(A) funds provided by military departments and 

Defense Agencies under the Manufacturing Technology Program; 

(B) funds provided by the Department of Defense, or 

any element of the Department, to co-develop the technology or process; 

(C) to the maximum extent practicable, funds provided 

by the Department of Defense, or any element of the 

Department, to— 

(i) mature the technology or process prior to transition to the Manufacturing Technology Program; and 

(ii) provide for the implementation of the technology or process; 

(4) the total value of industry cost share, if applicable; 

(5) if applicable, the total value of cost avoidance or cost 

savings directly attributable to the implementation of the technology or process; and 

(6) a description of any system performance enhancements, 

technology performance enhancements, or improvements in a 

manufacturing readiness level of a system or a technology. 

(c) DEFINITION.—For purposes of this section, the term 

‘‘implementation’’ refers to— 

(1) the use of a technology or process in the manufacture 

of defense materiel; 

(2) the inclusion of a technology or process in the systems 

engineering plan for a program of record; or 

(3) the use of a technology or process for the manufacture 

of commercial items. 

(d) SCOPE.—The report shall include technologies or processes 

developed with funds appropriated or otherwise made available 

for the Manufacturing Technology programs of the military departments and Defense Agencies for fiscal years 2003 through 2005. 

SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION 

PERSONNEL. 

(a) ASSESSMENT REQUIRED.—The Director of Operational Test 

and Evaluation shall assess whether the Director’s professional 

staff meets the requirement of section 139(j) of title 10, United 

States Code, that the staff be sufficient to carry out the Director’s 

duties and responsibilities. 

(b) INCLUSION IN REPORT.—The Director shall include the 

results of the assessment in the report, required by section 139(g) 

of title 10, United States Code, summarizing the operational test 

and evaluation activities during fiscal year 2007. 

SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON 

TECHNOLOGY AREA REVIEW AND ASSESSMENT SUMMARIES. 

Subsection (c) of section 253 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3179; 

10 U.S.C. 2501 note) is repealed. 


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122 STAT. 48 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR 

OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE 

TEST PROGRAM. 

Paragraph (3) of section 2350a(g) of title 10, United States 

Code, is amended to read as follows: 

‘‘(3) The Director of Defense Research and Engineering shall 

notify the congressional defense committees of the intent to obligate 

funds made available to carry out this subsection not less than 

7 days before such funds are obligated.’’. 

SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY 

PROGRAM. 

(a) IN GENERAL.—Section 2521 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(e) FIVE-YEAR STRATEGIC PLAN.—(1) The Secretary shall 

develop a plan for the program that includes the following: 

‘‘(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program. 

‘‘(B) The objectives of, and funding for, the program for 

each military department and each Defense Agency that shall 

participate in the program during the period of the plan. 

‘‘(2) The Secretary shall include in the plan mechanisms for 

assessing the effectiveness of the program under the plan. 

‘‘(3) The Secretary shall update the plan on a biennial basis. 

‘‘(4) Each plan, and each update to the plan, shall cover a 

period of five fiscal years.’’. 

(b) INITIAL DEVELOPMENT AND SUBMISSION OF PLAN.— 

(1) DEVELOPMENT.—The Secretary of Defense shall develop 

the strategic plan required by subsection (e) of section 2521 

of title 10, United States Code (as added by subsection (a) 

of this section), so that the plan goes into effect at the beginning 

of fiscal year 2009. 

(2) SUBMISSION.—Not later than the date on which the 

budget of the President for fiscal year 2010 is submitted to 

Congress under section 1105 of title 31, United States Code, 

the Secretary shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives the plan specified in paragraph (1). 

SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF 

DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 

COMPETITIVE RESEARCH WITH SIMILAR FEDERAL PROGRAMS. 

Section 257(e)(2) of the National Defense Authorization Act 

for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking 

‘‘shall’’ each place it appears and inserting ‘‘may’’. 

SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH 

AND DEVELOPMENT PROGRAM. 

(a) PROGRAM PURPOSES.—Subsection (b) of section 246 of the 

Bob Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314; 116 Stat. 2500; 10 U.S.C. 2358 note) 

is amended— 

(1) in paragraph (2), by striking ‘‘in nanoscale research 

and development’’ and inserting ‘‘in the National 

Nanotechnology Initiative and with the National 

Nanotechnology Coordination Office under section 3 of the 21st 

Deadline. 

10 USC 2521 

note. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 49 

Century Nanotechnology Research and Development Act (15 

U.S.C. 7502)’’; and 

(2) in paragraph (3), by striking ‘‘portfolio of fundamental 

and applied nanoscience and engineering research initiatives’’ 

and inserting ‘‘portfolio of nanotechnology research and development initiatives’’. 

(b) PROGRAM ADMINISTRATION.— 

(1) ADMINISTRATION THROUGH UNDER SECRETARY OF

DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Subsection (c) of such section is amended— 

(A) by striking ‘‘the Director of Defense Research and 

Engineering’’ and inserting ‘‘the Under Secretary of Defense 

for Acquisition, Technology, and Logistics’’; and 

(B) by striking ‘‘The Director’’ and inserting ‘‘The Under 

Secretary’’. 

(2) OTHER ADMINISTRATIVE MATTERS.—Such subsection is 

further amended— 

(A) in paragraph (2), by striking ‘‘the Department’s 

increased investment in nanotechnology research and 

development and the National Nanotechnology Initiative; 

and’’ and inserting ‘‘investments by the Department and 

other departments and agencies participating in the 

National Nanotechnology Initiative in nanotechnology 

research and development;’’; 

(B) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(4) oversee Department of Defense participation in interagency coordination of the program with other departments 

and agencies participating in the National Nanotechnology Initiative.’’. 

(c) PROGRAM ACTIVITIES.—Such section is further amended— 

(1) by striking subsection (d); and 

(2) by adding at the end the following new subsection 

(d): 

‘‘(d) STRATEGIC PLAN.—The Under Secretary shall develop and 

maintain a strategic plan for defense nanotechnology research and 

development that— 

‘‘(1) is integrated with the strategic plan for the National 

Nanotechnology Initiative and the strategic plans of the 

Director of Defense Research and Engineering, the military 

departments, and the Defense Agencies; and 

‘‘(2) includes a clear strategy for transitioning the research 

into products needed by the Department.’’. 

(d) REPORTS.—Such section is further amended by adding at 

the end the following new subsection: 

‘‘(e) REPORTS.— 

‘‘(1) IN GENERAL.—Not later than March 1 of each of 2009, 

2011, and 2013, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall submit to the congressional 

defense committees a report on the program. 

‘‘(2) MATTERS INCLUDED.—Each report under paragraph (1) 

shall include the following: 

‘‘(A) A review of— 

‘‘(i) the long-term challenges and specific technical 

goals of the program; and 


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122 STAT. 50 PUBLIC LAW 110–181—JAN. 28, 2008 

‘‘(ii) the progress made toward meeting such challenges and achieving such goals. 

‘‘(B) An assessment of current and proposed funding 

levels for the program, including an assessment of the 

adequacy of such funding levels to support program activities. 

‘‘(C) A review of the coordination of activities under 

the program within the Department of Defense, with other 

departments and agencies of the United States, and with 

the National Nanotechnology Initiative. 

‘‘(D) A review and analysis of the findings and recommendations relating to the Department of Defense of 

the most recent triennial external review of the National 

Nanotechnology Program under section 5 of the 21st Century Nanotechnology Research and Development Act (15 

U.S.C. 1704), and a description of initiatives of the Department to implement such recommendations. 

‘‘(E) An assessment of technology transition from 

nanotechnology research and development to enhanced 

warfighting capabilities, including contributions from the 

Department of Defense Small Business Innovative 

Research and Small Business Technology Transfer 

Research programs, and the Department of Defense Manufacturing Technology program, and an identification of 

acquisition programs and deployed defense systems that 

are incorporating nanotechnologies. 

‘‘(F) An assessment of global nanotechnology research 

and development in areas of interest to the Department, 

including an identification of the use of nanotechnologies 

in any foreign defense systems. 

‘‘(G) An assessment of the defense nanotechnology 

manufacturing and industrial base and its capability to 

meet the near and far term requirements of the Department. 

‘‘(H) Such recommendations for additional activities 

under the program to meet emerging national security 

requirements as the Under Secretary considers appropriate. 

‘‘(3) CLASSIFICATION.—Each report under paragraph (1) 

shall be submitted in unclassified form, but may include a 

classified annex.’’. 

SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 

CENTER ASSESSMENT OF THE DEFENSE EXPERIMENTAL 

PROGRAM TO STIMULATE COMPETITIVE RESEARCH. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall— 

(1) utilize a defense federally funded research and development center to carry out an assessment of the effectiveness 

of the Defense Experimental Program to Stimulate Competitive 

Research; and 

(2) not later than nine months after the date of the enactment of this Act, submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on 

that assessment. 

(b) MATTERS ASSESSED.—The report under subsection (a) shall 

include the following: 

(1) A description and assessment of the tangible results 

and progress toward the objectives of the program, including— 

Deadline. 

Reports. 


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(A) an identification of any past program activities 

that led to, or were fundamental to, applications used 

by, or supportive of, operational users; and 

(B) an assessment of whether the program has 

expanded the national research infrastructure. 

(2) An assessment whether the activities undertaken under 

the program are consistent with the statute authorizing the 

program. 

(3) An assessment whether the various elements of the 

program, such as structure, funding, staffing, project solicitation 

and selection, and administration, are working effectively and 

efficiently to support the effective execution of the program. 

(4) A description and assessment of past and ongoing activities of State planning committees under the program in supporting the achievement of the objectives of the program. 

(5) An analysis of the advantages and disadvantages of 

having an institution-based formula for qualification to participate in the program when compared with the advantages and 

disadvantages of having a State-based formula for qualification 

to participate in supporting defense missions and the objective 

of expanding the Nation’s defense research infrastructure. 

(6) An identification of mechanisms for improving the 

management and implementation of the program, including 

modification of the statute authorizing the program, Department regulations, program structure, funding levels, funding 

strategy, or the activities of the State committees. 

(7) Any other matters the Secretary considers appropriate. 

SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH ENERGY LASER SYSTEMS TEST FACILITY. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report containing a costbenefit analysis of the proposed reduction in Army research, 

development, test, and evaluation funding for the High Energy 

Laser Systems Test Facility. 

(b) EVALUATION OF IMPACT ON OTHER MILITARY DEPARTMENTS.—The report required under subsection (a) shall include 

an evaluation of the impact of the proposed reduction in funding 

on each Department of Defense organization or activity that utilizes 

the High Energy Laser Systems Test Facility. 

SEC. 243. PROMPT GLOBAL STRIKE. 

(a) RESEARCH, DEVELOPMENT, AND TESTING PLAN.—The Secretary of Defense shall submit to the congressional defense committees a research, development, and testing plan for prompt global 

strike program objectives for fiscal years 2008 through 2013. 

(b) PLAN FOR OBLIGATION AND EXPENDITURE OF FUNDS.— 

(1) IN GENERAL.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall submit to the 

congressional defense committees a plan for obligation and 

expenditure of funds available for prompt global strike for 

fiscal year 2008. The plan shall include correlations between 

each technology application being developed in fiscal year 2008 

and the prompt global strike alternative or alternatives toward 

which the technology application applies. 

10 USC 113 note. 


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(2) LIMITATION.—The Under Secretary shall not implement 

the plan required by paragraph (1) until at least 10 days 

after the plan is submitted as required by that paragraph. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Jackson Park Housing Complex, Washington. 

Sec. 314. Report on control of the brown tree snake. 

Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 

North Carolina, of exposure to drinking water contamination. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Availability of funds in Defense Information Systems Agency Working 

Capital Fund for technology upgrades to Defense Information Systems 

Network. 

Sec. 322. Modification to public-private competition requirements before conversion 

to contractor performance. 

Sec. 323. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 324. Guidelines on insourcing new and contracted out functions. 

Sec. 325. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 326. Bid protests by Federal employees in actions under Office of Management 

and Budget Circular A–76. 

Sec. 327. Public-private competition required before conversion to contractor performance. 

Sec. 328. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 329. Reauthorization and modification of multi-trades demonstration project. 

Sec. 330. Pilot program for availability of working-capital funds to Army for certain 

product improvements. 

Subtitle D—Extension of Program Authorities 

Sec. 341. Extension of Arsenal Support Program Initiative. 

Sec. 342. Extension of period for reimbursement for helmet pads purchased by 

members of the Armed Forces deployed in contingency operations. 

Sec. 343. Extension of temporary authority for contract performance of security 

guard functions. 

Subtitle E—Reports 

Sec. 351. Reports on National Guard readiness for emergencies and major disasters. 

Sec. 352. Annual report on prepositioned materiel and equipment. 

Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 

Sec. 354. Modification of requirements of Comptroller General report on the readiness of Army and Marine Corps ground forces. 

Sec. 355. Plan to improve readiness of ground forces of active and reserve components. 

Sec. 356. Independent assessment of Civil Reserve Air Fleet viability. 

Sec. 357. Department of Defense Inspector General report on physical security of 

Department of Defense installations. 

Sec. 358. Review of high-altitude aviation training. 

Sec. 359. Reports on safety measures and encroachment issues and master plan for 

Warren Grove Gunnery Range, New Jersey. 

Sec. 360. Report on search and rescue capabilities of the Air Force in the northwestern United States. 

Deadline. 


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Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 

Mountain Air Station, Colorado. 

Subtitle F—Other Matters 

Sec. 371. Enhancement of corrosion control and prevention functions within Department of Defense. 

Sec. 372. Authority for Department of Defense to provide support for certain sporting events. 

Sec. 373. Authority to impose reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense. 

Sec. 374. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States 

for certain health care services. 

Sec. 375. Recovery of missing military property. 

Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 

in support of contingency operations. 

Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 

Sec. 378. Reauthorization of Aviation Insurance Program. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $28,787,219,000. 

(2) For the Navy, $33,355,683,000. 

(3) For the Marine Corps, $4,967,193,000. 

(4) For the Air Force, $33,118,462,000. 

(5) For Defense-wide activities, $22,500,253,000. 

(6) For the Army Reserve, $2,509,862,000. 

(7) For the Navy Reserve, $1,186,883,000. 

(8) For the Marine Corps Reserve, $208,637,000. 

(9) For the Air Force Reserve, $2,821,817,000. 

(10) For the Army National Guard, $5,857,409,000. 

(11) For the Air National Guard, $5,456,668,000. 

(12) For the United States Court of Appeals for the Armed 

Forces, $11,971,000. 

(13) For Environmental Restoration, Army, $434,879,000. 

(14) For Environmental Restoration, Navy, $300,591,000. 

(15) For Environmental Restoration, Air Force, 

$458,428,000. 

(16) For Environmental Restoration, Defense-wide, 

$12,751,000. 

(17) For Environmental Restoration, Formerly Used 

Defense Sites, $270,249,000. 

(18) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $103,300,000. 

(19) For Former Soviet Union Threat Reduction programs, 

$428,048,000. 

(20) For the Overseas Contingency Operations Transfer 

Fund, $5,000,000. 


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122 STAT. 54 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle B—Environmental Provisions 

SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH 

MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES 

LAKE, WASHINGTON. 

(a) AUTHORITY TO REIMBURSE.— (1) TRANSFER AMOUNT.—Using funds described in subsection (b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more 

than $91,588.51 to the Moses Lake Wellfield Superfund Site 

10–6J Special Account. 

(2) PURPOSE OF REIMBURSEMENT.—The payment under 

paragraph (1) is to reimburse the Environmental Protection 

Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army 

under the Defense Environmental Restoration Program at the 

former Larson Air Force Base, Moses Lake Superfund Site, 

Moses Lake, Washington. 

(3) INTERAGENCY AGREEMENT.—The reimbursement 

described in paragraph (2) is provided for in the interagency 

agreement entered into by the Department of the Army and 

the Environmental Protection Agency for the Moses Lake 

Wellfield Superfund Site in March 1999. 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(16) for operation and maintenance for Environmental Restoration, Defense-wide. 

(c) USE OF FUNDS.—The Environmental Protection Agency shall 

use the amount transferred under subsection (a) to pay costs 

incurred by the Agency at the Moses Lake Wellfield Superfund 

Site. 

SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 

ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, 

ALASKA. 

(a) AUTHORITY TO REIMBURSE.— 

(1) TRANSFER AMOUNT.—Using funds described in subsection (b), the Secretary of Defense may, notwithstanding section 2215 of title 10, United States Code, transfer not more 

than $186,625.38 to the Hazardous Substance Superfund. 

(2) PURPOSE OF REIMBURSEMENT.—The payment under 

paragraph (1) is to reimburse the Environmental Protection 

Agency for costs incurred pursuant to the agreement known 

as ‘‘In the Matter of Arctic Surplus Superfund Site, U.S. EPA 

Docket Number CERCLA–10–2003–0114: Administrative Order 

on Consent for Remedial Design and Remedial Action’’, entered 

into by the Department of Defense and the Environmental 

Protection Agency on December 11, 2003. 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(16) for operation and maintenance for Environmental Restoration, Defense-wide. 

(c) USE OF FUNDS.—The Environmental Protection Agency shall 

use the amount transferred under subsection (a) to pay costs 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 55 

incurred by the Agency pursuant to the agreement described in 

paragraph (2) of such subsection. 

SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTIES IN CONNECTION WITH JACKSON 

PARK HOUSING COMPLEX, WASHINGTON. 

(a) AUTHORITY TO TRANSFER FUNDS.— (1) TRANSFER AMOUNT.—Using funds described in subsection (b), the Secretary of the Navy may, notwithstanding 

section 2215 of title 10, United States Code, transfer not more 

than $40,000.00 to the Hazardous Substance Superfund. 

(2) PURPOSE OF TRANSFER.—The payment under paragraph 

(1) is to pay a stipulated penalty assessed by the Environmental 

Protection Agency on October 25, 2005, against the Jackson 

Park Housing Complex, Washington, for the failure by the 

Navy to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex 

Operable Unit (OU–3T–JPHC) pursuant to a schedule included 

in an Interagency Agreement (Administrative Docket No. 

CERCLA–10–2005–0023). 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(14) for operation and maintenance for Environmental Restoration, Navy. 

(c) USE OF FUNDS.—The amount transferred under subsection 

(a) shall be used by the Environmental Protection Agency to pay 

the penalty described under paragraph (2) of such subsection. 

SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE. 

(a) FINDINGS.—Congress finds the following: 

(1) The brown tree snake (Boiga irregularis), an invasive 

species, is found in significant numbers on military installations 

and in other areas on Guam, and constitutes a serious threat 

to the ecology of Guam. 

(2) If introduced into Hawaii, the Commonwealth of the 

Northern Mariana Islands, or the continental United States, 

the brown tree snake would pose an immediate and serious 

economic and ecological threat. 

(3) The most probable vector for the introduction of the 

brown tree snake into Hawaii, the Commonwealth of the 

Northern Mariana Islands, or the continental United States 

is the movement from Guam of military aircraft, personnel, 

and cargo, including the household goods of military personnel 

and other military assets. 

(4) It is probable that the movement of military aircraft, 

personnel, and cargo, including the household goods of military 

personnel, from Guam to Hawaii, the Commonwealth of the 

Northern Mariana Islands, or the continental United States 

will increase significantly coincident with the increase in the 

number of military units and personnel stationed on Guam. 

(5) Current policies, programs, procedures, and dedicated 

resources of the Department of Defense and of other departments and agencies of the United States may not be sufficient 

to adequately address the management, control, and eradication 

of the brown tree snake on Guam and the increasing threat 

of the introduction of the brown tree snake from Guam into 

Hawaii, the Commonwealth of the Northern Mariana Islands, 


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122 STAT. 56 PUBLIC LAW 110–181—JAN. 28, 2008 

the continental United States, or other non-native environments. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the following: 

(1) The actions currently being taken (including the 

resources being made available) by the Department of Defense 

to control, and to develop new or existing techniques to control, 

the brown tree snake on Guam and to prevent the introduction 

of the brown tree snake into Hawaii, the Commonwealth of 

the Northern Mariana Island, the continental United States, 

or any other non-native environment as a result of the movement from Guam of military aircraft, personnel, and cargo, 

including the household goods of military personnel and other 

military assets. Such actions shall include any actions taken 

by the Department of Defense to implement the recommendations of the Brown Tree Snake Review Panel commissioned 

by the Department of the Interior, as contained in the Review 

Panel’s final report entitled ‘‘Review of Brown Tree Snake 

Problems and Control Programs’’ published in March 2005. 

(2) Current plans for enhanced future actions, policies, 

and procedures and increased levels of resources in order to 

ensure that the projected increase of military personnel stationed on Guam does not increase the threat of introduction 

of the brown tree snake from Guam into Hawaii, the Commonwealth of the Northern Mariana Islands, the continental United 

States, or other non-native environments. 

(3) The results of management, control, and eradication 

carried out by the Secretary of Defense, in consultation with 

the Secretary of the Interior, before the date on which the 

report is submitted with respect to brown tree snakes through 

the integrated natural resource management plans prepared 

for military installations in Guam under the pilot program 

authorized by section 101(g) of the Sikes Act (16 U.S.C. 670a(g)). 

SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN 

EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF 

EXPOSURE TO DRINKING WATER CONTAMINATION. 

(a) NOTIFICATION OF INDIVIDUALS SERVED BY TARAWA TERRACE

WATER DISTRIBUTION SYSTEM, INCLUDING KNOX TRAILER PARK.— 

Not later than 1 year after the date of the enactment of this 

Act, the Secretary of the Navy shall make reasonable efforts to 

identify and notify directly individuals who were served by the 

Tarawa Terrace Water Distribution System, including Knox Trailer 

Park, at Camp Lejeune, North Carolina, during the years 1958 

through 1987 that they may have been exposed to drinking water 

contaminated with tetrachloroethylene (PCE). 

(b) NOTIFICATION OF INDIVIDUALS SERVED BY HADNOT POINT

WATER DISTRIBUTION SYSTEM.—Not later than 1 year after the 

Agency for Toxic Substances and Disease Registry (ATSDR) completes its water modeling study of the Hadnot Point water distribution system, the Secretary of the Navy shall make reasonable efforts 

to identify and notify directly individuals who were served by the 

system during the period identified in the study of the drinking 

water contamination to which they may have been exposed. 

(c) NOTIFICATION OF FORMER CIVILIAN EMPLOYEES AT CAMP

LEJEUNE.—Not later than 1 year after the date of the enactment 

Deadlines. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 57 

of this Act, the Secretary of the Navy shall make reasonable efforts 

to identify and notify directly civilian employees who worked at 

Camp Lejeune during the period identified in the ATSDR drinking 

water study of the drinking water contamination to which they 

may have been exposed. 

(d) CIRCULATION OF HEALTH SURVEY.— 

(1) FINDINGS.—Congress makes the following findings: 

(A) Notification and survey efforts related to the 

drinking water contamination described in this section are 

necessary due to the potential negative health impacts 

of these contaminants. 

(B) The Secretary of the Navy will not be able to 

identify or contact all former residents and former 

employees due to the condition, non-existence, or accessibility of records. 

(C) It is the intent of Congress that the Secretary 

of the Navy contact as many former residents and former 

employees as quickly as possible. 

(2) ATSDR HEALTH SURVEY.— 

(A) DEVELOPMENT.— 

(i) IN GENERAL.—Not later than 120 days after 

the date of the enactment of this Act, the ATSDR, 

in consultation with a well-qualified contractor selected 

by the ATSDR, shall develop a health survey that 

would voluntarily request of individuals described in 

subsections (a), (b), and (c) personal health information 

that may lead to scientifically useful health information associated with exposure to trichloroethylene 

(TCE), PCE, vinyl chloride, and the other contaminants 

identified in the ATSDR studies that may provide a 

basis for further reliable scientific studies of potentially 

adverse health impacts of exposure to contaminated 

water at Camp Lejeune. 

(ii) FUNDING.—The Secretary of the Navy is 

authorized to provide from available funds the necessary funding for the ATSDR to develop the health 

survey. 

(B) INCLUSION WITH NOTIFICATION.—The survey developed under subparagraph (A) shall be distributed by the 

Secretary of the Navy concurrently with the direct notification required under subsections (a), (b), and (c). 

(e) USE OF MEDIA TO SUPPLEMENT NOTIFICATION.—The Secretary of the Navy may use media notification as a supplement 

to direct notification of individuals described under subsections 

(a), (b), and (c). Media notification may reach those individuals 

not identifiable via remaining records. Once individuals respond 

to media notifications, the Secretary will add them to the contact 

list to be included in future information updates. 


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122 STAT. 58 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle C—Workplace and Depot Issues 

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

(a) IN GENERAL.—Notwithstanding section 2208 of title 10, 

United States Code, funds in the Defense Information Systems 

Agency Working Capital Fund may be used for expenses directly 

related to technology upgrades to the Defense Information Systems 

Network. 

(b) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used 

under subsection (a) for— 

(1) any technology insertion to the Defense Information 

Systems Network that significantly changes the performance 

envelope of an end item; or 

(2) any component with an estimated total cost in excess of $500,000. 

(c) LIMITATION IN FISCAL YEAR PENDING TIMELY REPORT.— If in any fiscal year the report required by paragraph (1) of subsection (d) is not submitted by the date specified in paragraph 

(2) of subsection (d), funds may not be used under subsection 

(a) in such fiscal year during the period— 

(1) beginning on the date specified in paragraph (2) of 

subsection (d); and 

(2) ending on the date of the submittal of the report under 

paragraph (1) of subsection (d). 

(d) ANNUAL REPORT.— 

(1) IN GENERAL.—The Director of the Defense Information 

Systems Agency shall submit to the congressional defense 

committees each fiscal year a report on the use of the authority 

in subsection (a) during the preceding fiscal year. 

(2) DEADLINE FOR SUBMITTAL.—The report required by 

paragraph (1) in a fiscal year shall be submitted not later 

than 60 days after the date of the submittal to Congress of 

the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code. 

(e) SUNSET.—The authority in subsection (a) shall expire on 

October 1, 2011. 

SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR 

PERFORMANCE. 

(a) COMPARISON OF RETIREMENT SYSTEM COSTS.—Section 

2461(a)(1) of title 10, United States Code, is amended— 

(1) in subparagraph (F), by striking ‘‘and’’ at the end; 

(2) by redesignating subparagraph (G) as subparagraph 

(H); and 

(3) by inserting after subparagraph (F) the following new 

subparagraph (G): 

‘‘(G) requires that the contractor shall not receive an advantage for a proposal that would reduce costs for the Department 

of Defense by— 

‘‘(i) not making an employer-sponsored health insurance plan (or payment that could be used in lieu of such 

a plan), health savings account, or medical savings account 


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available to the workers who are to be employed to perform 

the function under the contract; 

‘‘(ii) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees of the Department 

under chapter 89 of title 5; or 

‘‘(iii) offering to such workers a retirement benefit that, 

in any year, costs less than the annual retirement cost 

factor applicable to civilian employees of the Department 

of Defense under chapter 84 of title 5; and’’. 

(b) CONFORMING AMENDMENTS.—Such title is further 

amended— 

(1) by striking section 2467; and 

(2) in section 2461— 

(A) by redesignating subsections (b) through (d) as 

subsections (c) through (e), respectively; and 

(B) by inserting after subsection (a) the following new 

subsection (b): 

‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.—(1) Each 

officer or employee of the Department of Defense responsible for 

determining under Office of Management and Budget Circular A– 

76 whether to convert to contractor performance any function of 

the Department of Defense— 

‘‘(A) shall, at least monthly during the development and 

preparation of the performance work statement and the 

management efficiency study used in making that determination, consult with civilian employees who will be affected by 

that determination and consider the views of such employees 

on the development and preparation of that statement and 

that study; and 

‘‘(B) may consult with such employees on other matters 

relating to that determination. 

‘‘(2)(A) In the case of employees represented by a labor organization accorded exclusive recognition under section 7111 of title 5, 

consultation with representatives of that labor organization shall 

satisfy the consultation requirement in paragraph (1). 

‘‘(B) In the case of employees other than employees referred 

to in subparagraph (A), consultation with appropriate representatives of those employees shall satisfy the consultation requirement 

in paragraph (1). 

‘‘(C) The Secretary of Defense shall prescribe regulations to 

carry out this subsection. The regulations shall include provisions 

for the selection or designation of appropriate representatives of 

employees referred to in subparagraph (B) for purposes of the 

consultation required by paragraph (1).’’. 

(c) TECHNICAL AMENDMENTS.—Section 2461 of such title, as 

amended by this section, is further amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (B), by inserting after ‘‘2003’’ the 

following: ‘‘, or any successor circular’’; and 

(B) in subparagraph (D), by striking ‘‘and reliability’’ 

and inserting ‘‘, reliability, and timeliness’’; and 

(2) in subsection (c)(2), as redesignated by subsection (b)(2), 

by inserting ‘‘of’’ after ‘‘examination’’. 

Regulations. 


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122 STAT. 60 PUBLIC LAW 110–181—JAN. 28, 2008 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 146 of such title is amended by striking the item 

relating to section 2467. 

SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN PERFORMANCE AGREEMENT NOT REQUIRED. 

Section 2461(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(4) A military department or Defense Agency may not be 

required to conduct a public-private competition under Office of 

Management and Budget Circular A–76 or any other provision 

of law at the end of the performance period specified in a letter 

of obligation or other agreement entered into with Department 

of Defense civilian employees pursuant to a public-private competition for any function of the Department of Defense performed by 

Department of Defense civilian employees.’’. 

SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT 

FUNCTIONS. 

(a) CODIFICATION AND REVISION OF REQUIREMENT FOR GUIDE- LINES.— (1) IN GENERAL.—Chapter 146 of title 10, United States 

Code, is amended by inserting after section 2462 the following 

new section: 

‘‘§ 2463. Guidelines and procedures for use of civilian 

employees to perform Department of Defense 

functions 

‘‘(a) GUIDELINES REQUIRED.—(1) The Under Secretary of 

Defense for Personnel and Readiness shall devise and implement 

guidelines and procedures to ensure that consideration is given 

to using, on a regular basis, Department of Defense civilian 

employees to perform new functions and functions that are performed by contractors and could be performed by Department of 

Defense civilian employees. The Secretary of a military department 

may prescribe supplemental regulations, if the Secretary determines 

such regulations are necessary for implementing such guidelines 

within that military department. 

‘‘(2) The guidelines and procedures required under paragraph 

(1) may not include any specific limitation or restriction on the 

number of functions or activities that may be converted to performance by Department of Defense civilian employees. 

‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNCTIONS.—The 

guidelines and procedures required under subsection (a) shall provide for special consideration to be given to using Department 

of Defense civilian employees to perform any function that— 

‘‘(1) is performed by a contractor and— 

‘‘(A) has been performed by Department of Defense 

civilian employees at any time during the previous 10 

years; 

‘‘(B) is a function closely associated with the performance of an inherently governmental function; 

‘‘(C) has been performed pursuant to a contract 

awarded on a non-competitive basis; or 

‘‘(D) has been performed poorly, as determined by a 

contracting officer during the 5-year period preceding the 

date of such determination, because of excessive costs or 

inferior quality; or 


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‘‘(2) is a new requirement, with particular emphasis given 

to a new requirement that is similar to a function previously 

performed by Department of Defense civilian employees or is 

a function closely associated with the performance of an inherently governmental function. 

‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM COMPETITIONS.— The Secretary of Defense may not conduct a public-private competition under this chapter, Office of Management and Budget Circular 

A–76, or any other provision of law or regulation before— 

‘‘(1) in the case of a new Department of Defense function, 

assigning the performance of the function to Department of 

Defense civilian employees; 

‘‘(2) in the case of any Department of Defense function 

described in subsection (b), converting the function to performance by Department of Defense civilian employees; or 

‘‘(3) in the case of a Department of Defense function performed by Department of Defense civilian employees, expanding 

the scope of the function. 

‘‘(d) USE OF FLEXIBLE HIRING AUTHORITY.—(1) The Secretary 

of Defense may use the flexible hiring authority available to the 

Secretary under the National Security Personnel System, as established pursuant to section 9902 of title 5, to facilitate the performance by Department of Defense civilian employees of functions 

described in subsection (b). 

‘‘(2) The Secretary shall make use of the inventory required 

by section 2330a(c) of this title for the purpose of identifying functions that should be considered for performance by Department 

of Defense civilian employees pursuant to subsection (b). 

‘‘(e) DEFINITIONS.—In this section the term ‘functions closely 

associated with inherently governmental functions’ has the meaning 

given that term in section 2383(b)(3) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2462 the following new item: 

‘‘2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions.’’. 

(3) DEADLINE FOR ISSUANCE OF GUIDELINES AND PROCE- DURES.—The Secretary of Defense shall implement the guidelines and procedures required under section 2463 of title 10, 

United States Code, as added by paragraph (1), by not later 

than 60 days after the date of the enactment of this Act. 

(b) INSPECTOR GENERAL REPORT.—Not later than 180 days 

after the date of the enactment of this Act, the Inspector General 

of the Department of Defense shall submit to the congressional 

defense committees a report on the implementation of this section 

and the amendments made by this section. 

(c) CONFORMING REPEAL.—The National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163) is amended by 

striking section 343. 

SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET 

INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLICPRIVATE 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 

10 USC 2461 

note. 

10 USC 2461 

note. 

10 USC 2463 

note. 

Inventory. 


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122 STAT. 62 PUBLIC LAW 110–181—JAN. 28, 2008 

competition or direct conversion of a Department of Defense function 

to performance by a contractor under Office of Management and 

Budget Circular A–76, or any other successor regulation, directive, 

or policy. 

(b) RESTRICTION ON SECRETARY OF DEFENSE.—The Secretary 

of Defense or the Secretary of a military department may not 

prepare for, undertake, continue, or complete a public-private competition or direct conversion of a Department of Defense function 

to performance by a contractor under Office of Management and 

Budget Circular A–76, or any other successor regulation, directive, 

or policy by reason of any direction or requirement provided by 

the Office of Management and Budget. 

(c) INSPECTOR GENERAL REVIEW.— 

(1) COMPREHENSIVE REVIEW REQUIRED.—The Inspector 

General of the Department of Defense shall conduct a comprehensive review of the compliance of the Secretary of Defense 

and the Secretaries of the military departments with the 

requirements of this section during calendar year 2008. The 

Inspector General shall submit to the congressional defense 

committees the following reports on the comprehensive review: 

(A) An interim report, to be submitted by not later 

than 90 days after the date of the enactment of this Act. 

(B) A final report, to be submitted by not later than 

December 31, 2008. 

(2) INSPECTOR GENERAL ACCESS.—For the purpose of determining compliance with the requirements of this section, the 

Secretary of Defense shall ensure that the Inspector General 

has access to all Department records of relevant communications between Department officials and officials of other departments and agencies of the Federal Government, whether such 

communications occurred inside or outside of the Department. 

SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 

OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76. 

(a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COMPETITIONS.— 

Section 3551(2) of title 31, United States Code, is amended to 

read as follows: 

‘‘(2) The term ‘interested party’— 

‘‘(A) with respect to a contract or a solicitation or 

other request for offers described in paragraph (1), means 

an actual or prospective bidder or offeror whose direct 

economic interest would be affected by the award of the 

contract or by failure to award the contract; and 

‘‘(B) with respect to a public-private competition conducted under Office of Management and Budget Circular 

A–76 with respect to the performance of an activity or 

function of a Federal agency, or a decision to convert a 

function performed by Federal employees to private sector 

performance without a competition under Office of Management and Budget Circular A–76, includes— 

‘‘(i) any official who submitted the agency tender 

in such competition; and 

‘‘(ii) any one individual who, for the purpose of 

representing the Federal employees engaged in the 

performance of the activity or function for which the 

public-private competition is conducted in a protest 

Records. 

Reports. 

Deadline. 


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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: 

‘‘§ 3557. Expedited action in protests of Public-Private competitions 

‘‘For any protest of a public-private competition conducted 

under Office of Management and Budget Circular A–76 with respect 

to the performance of an activity or function of a Federal agency, 

the Comptroller General shall administer the provisions of this 

subchapter in the manner best suited for expediting the final resolution of the protest and the final action in the public-private competition.’’. 

(2) CLERICAL AMENDMENT.—The chapter analysis at the 

beginning of such chapter is amended by inserting after the 

item relating to section 3556 the following new item: 

‘‘3557. Expedited action in protests of public-private competitions.’’. 

(c) RIGHT TO INTERVENE IN CIVIL ACTION.—Section 1491(b) 

of title 28, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(5) If an interested party who is a member of the private 

sector commences an action described in paragraph (1) with respect 

to a public-private competition conducted under Office of Management and Budget Circular A–76 regarding the performance of an 

activity or function of a Federal agency, or a decision to convert 

a function performed by Federal employees to private sector 

performance without a competition under Office of Management 

and Budget Circular A–76, then an interested party described in 

section 3551(2)(B) of title 31 shall be entitled to intervene in that 

action.’’. 

(d) APPLICABILITY.—Subparagraph (B) of section 3551(2) of title 

31, United States Code (as added by subsection (a)), and paragraph 

(5) of section 1491(b) of title 28, United States Code (as added 

by subsection (c)), shall apply to— 

(1) a protest or civil action that challenges final selection 

of the source of performance of an activity or function of a 

Federal agency that is made pursuant to a study initiated 

under Office of Management and Budget Circular A–76 on 

or after January 1, 2004; and 

(2) any other protest or civil action that relates to a publicprivate competition initiated under Office of Management and 

Budget Circular A–76, or to a decision to convert a function 

performed by Federal employees to private sector performance 

without a competition under Office of Management and Budget 

Circular A–76, on or after the date of the enactment of this 

Act. 

SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 

CONVERSION TO CONTRACTOR PERFORMANCE. 

(a) IN GENERAL.—The Office of Federal Procurement Policy 

Act (41 U.S.C. 403 et seq.) is amended by adding at the end 

the following new section: 

28 USC 1491 

note. 


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‘‘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 

41 USC 439. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 65 

Office of Management and Budget Circular A–76 whether to convert 

to contractor performance any function of the executive agency— 

‘‘(A) shall, at least monthly during the development and 

preparation of the performance work statement and the 

management efficiency study used in making that determination, consult with civilian employees who will be affected by 

that determination and consider the views of such employees 

on the development and preparation of that statement and 

that study; and 

‘‘(B) may consult with such employees on other matters 

relating to that determination. 

‘‘(2)(A) In the case of employees represented by a labor organization accorded exclusive recognition under section 7111 of title 5, 

United States Code, consultation with representatives of that labor 

organization shall satisfy the consultation requirement in paragraph 

(1). 

‘‘(B) In the case of employees other than employees referred 

to in subparagraph (A), consultation with appropriate representatives of those employees shall satisfy the consultation requirement 

in paragraph (1). 

‘‘(C) 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) 

Certification. 

Regulations. 


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122 STAT. 66 PUBLIC LAW 110–181—JAN. 28, 2008 

has not been submitted or that the certification required by paragraph (1)(E) is not included in the report submitted as a condition 

for the public-private competition. The objection shall be in writing 

and shall be submitted within 90 days after the following date: 

‘‘(i) In the case of a failure to submit the report when 

required, the date on which the representative individual or 

an official of the representative entity authorized to pose the 

objection first knew or should have known of that failure. 

‘‘(ii) In the case of a failure to include the certification 

in a submitted report, the date on which the report was submitted to Congress. 

‘‘(B) If the head of the executive agency determines that the 

report required by paragraph (1) was not submitted or that the 

required certification was not included in the submitted report, 

the function for which the public-private competition was conducted 

for which the objection was submitted may not be the subject 

of a solicitation of offers for, or award of, a contract until, respectively, the report is submitted or a report containing the certification 

in full compliance with the certification requirement is submitted. 

‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES

OF THE BLIND AND OTHER SEVERELY HANDICAPPED PERSONS.— 

This section shall not apply to a commercial or industrial type 

function of an executive agency that— 

‘‘(1) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 

47); or 

‘‘(2) is planned to be changed to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency 

for other severely handicapped persons in accordance with that 

Act. 

‘‘(e) INAPPLICABILITY DURING WAR OR EMERGENCY.—The provisions of this section shall not apply during war or during a period 

of national emergency declared by the President or Congress.’’. 

(b) CLERICAL AMENDMENT.—The table of sections in section 

1(b) of such Act is amended by adding at the end the following 

new item: 

‘‘Sec. 43. Public-private competition required before conversion to contractor performance.’’. 

SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH 

NON-ARMY ENTITIES. 

(a) EXTENSION OF AUTHORITY.—Section 4544 of title 10, United 

States Code, is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘This authority may be used to enter into not more than eight 

contracts or cooperative agreements.’’; and 

(2) in subsection (k), by striking ‘‘2009’’ and inserting 

‘‘2014’’. 

(b) REPORTS.— 

(1) ANNUAL REPORT ON USE OF AUTHORITY.—The Secretary 

of the Army shall submit to Congress at the same time the 

budget of the President is submitted to Congress for fiscal 

years 2009 through 2016 under section 1105 of title 31, United 

States Code, a report on the use of the authority provided 

under section 4544 of title 10, United States Code. 

10 USC 4544 

note. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 67 

(2) ANALYSIS OF USE OF AUTHORITY.—Not later than September 30, 2012, the Secretary of the Army shall submit to 

the congressional defense committees a report assessing the 

advisability of making such authority permanent and eliminating the limitation on the number of contracts or cooperative 

arrangements that may be entered into pursuant to such 

authority. 

SEC. 329. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES 

DEMONSTRATION PROJECT. 

(a) REAUTHORIZATION AND EXPANSION.—Section 338 of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 10 U.S.C. 5013 note) is amended— 

(1) by striking subsection (a) and inserting the following 

new subsection (a): 

‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In accordance 

with section 4703 of title 5, United States Code, the Secretary 

of a military department may carry out a demonstration project 

under which workers who are certified at the journey level as 

able to perform multiple trades may be promoted by one grade 

level. A demonstration project under this subsection may be carried 

out as follows: 

‘‘(1) In the case of the Secretary of the Army, at one 

Army depot. 

‘‘(2) In the case of the Secretary of the Navy, at one Navy 

Fleet Readiness Center. 

‘‘(3) In the case of the Secretary of the Air Force, at one 

Air Force Logistics Center.’’; 

(2) in subsection (b)— 

(A) by striking ‘‘a Naval Aviation Depot’’ and inserting 

‘‘an Air Force Air Logistics Center, Navy Fleet Readiness 

Center, or Army depot’’; and 

(B) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 

of the military department concerned’’; 

(3) by striking subsection (d) and redesignating subsections 

(e) through (g) as subsections (d) through (f), respectively; 

(4) in subsection (d), as so redesignated, by striking ‘‘2004 

through 2006’’ and inserting ‘‘2008 through 2013’’; 

(5) in subsection (e), as so redesignated— 

(A) by striking ‘‘2007’’ and inserting ‘‘2014’’; 

(B) by inserting after ‘‘Secretary’’ the following ‘‘of each 

military department that carried out a demonstration 

project under this section’’; and 

(C) by adding at the end the following new sentence: 

‘‘Each such report shall include the Secretary’s recommendation on whether permanent multi-trade authority 

should be authorized.’’; and 

(6) in subsection (f), as so redesignated— 

(A) in the first sentence, by striking ‘‘The Secretary’’ 

and inserting ‘‘Each Secretary who submits a report under 

subsection (e)’’; and 

(B) in the second sentence— 

(i) by striking ‘‘receiving the report’’ and inserting 

‘‘receiving a report’’; and 

(ii) by striking ‘‘evaluation of the report’’ and 

inserting ‘‘evaluation of that report’’. 

10 USC 5013 

note. 


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(b) CLERICAL AMENDMENT.—The heading for such section is 

amended to read as follows: 

‘‘SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.’’. 

SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL 

FUNDS TO ARMY FOR CERTAIN PRODUCT IMPROVEMENTS. 

(a) IN GENERAL.—Notwithstanding section 2208 of title 10, 

United States Code, the Secretary of the Army may use a workingcapital fund established pursuant to that section for expenses 

directly related to conducting a pilot program for a product improvement described in subsection (b). 

(b) PRODUCT IMPROVEMENT.—A product improvement covered 

by the pilot program is the procurement and installation of a 

component or subsystem of a weapon system platform or major 

end item that would improve the reliability and maintainability, 

extend the useful life, enhance safety, lower maintenance costs, 

or provide performance enhancement of the weapon system platform 

or major end item. 

(c) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used 

under subsection (a) for— 

(1) any product improvement that significantly changes 

the performance envelope of an end item; or 

(2) any component with an estimated total cost in excess 

of $1,000,000. 

(d) LIMITATION IN FISCAL YEAR PENDING TIMELY REPORT.— 

If during any fiscal year the report required by paragraph (1) 

of subsection (e) is not submitted by the date specified in paragraph 

(3) of that subsection, funds may not be used under subsection 

(a) in such fiscal year during the period— 

(1) beginning on the date specified in paragraph (3) of 

subsection (e); and 

(2) ending on the date of the submittal of the report under 

paragraph (1) of subsection (e). 

(e) ANNUAL REPORT.— 

(1) IN GENERAL.—Each fiscal year, the Assistant Secretary 

of the Army for Acquisition, Logistics, and Technology, in consultation with the Assistant Secretary of the Army for Financial 

Management and Comptroller, shall submit to the congressional 

defense committees a report on the use of the authority in 

subsection (a) during the preceding fiscal year. 

(2) RECOMMENDATION.—In the case of the report required 

to be submitted under paragraph (1) during fiscal year 2012, 

the report shall include the recommendation of the Assistant 

Secretary of the Army for Acquisition, Logistics, and Technology 

regarding whether the authority under subsection (a) should 

be made permanent. 

(3) DEADLINE FOR SUBMITTAL.—The report required by 

paragraph (1) in a fiscal year shall be submitted not later 

than 60 days after the date of the submittal to Congress of 

the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code. 

(f) SUNSET.—The authority under subsection (a) shall expire 

on October 1, 2013. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 69 

Subtitle D—Extension of Program 

Authorities 

SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended— 

(1) in subsection (a), by striking ‘‘2008’’ and inserting 

‘‘2010’’; and 

(2) in subsection (g)(1), by striking ‘‘2008’’ and inserting 

‘‘2010’’. 

SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET 

PADS PURCHASED BY MEMBERS OF THE ARMED FORCES 

DEPLOYED IN CONTINGENCY OPERATIONS. 

(a) EXTENSION.—Section 351 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375; 118 Stat. 1857) is amended— 

(1) in subsection (a)(3), by inserting before the period at 

the end the following: ‘‘, or in the case of protective helmet 

pads purchased by a member from a qualified vendor for that 

member’s personal use, ending on September 30, 2007’’; 

(2) in subsection (c)— 

(A) by inserting after ‘‘Armed Forces’’ the following: 

‘‘shall comply with regular Department of Defense procedures for the submission of claims and’’; and 

(B) by inserting before the period at the end the following: ‘‘or one year after the date on which the purchase 

of the protective, safety, or health equipment was made, 

whichever occurs last’’; and 

(3) in subsection (d), by adding at the end the following 

new sentence: ‘‘Subsection (a)(1) shall not apply in the case 

of the purchase of protective helmet pads on behalf of a 

member.’’. 

(b) FUNDING.—Amounts for reimbursements made under section 351 of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005 after the date of the enactment of this 

Act shall be derived from supplemental appropriations for the 

Department of Defense for fiscal year 2008, contingent upon such 

appropriations being enacted. 

SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT 

PERFORMANCE OF SECURITY GUARD FUNCTIONS. 

(a) EXTENSION.—Subsection (c) of section 332 of the Bob Stump 

National Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314) is amended by striking ‘‘September 30, 2009’’ both 

places it appears and inserting ‘‘September 30, 2012’’. 

(b) LIMITATION FOR FISCAL YEARS 2010 THROUGH 2012.—Subsection (d) of such section is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period and inserting 

a semicolon; and 

(3) by adding at the end the following new paragraphs: 

‘‘(4) for fiscal year 2010, the number equal to 70 percent 

of the total number of such personnel employed under such 

contracts on October 1, 2006; 

116 Stat. 2513. 


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‘‘(5) for fiscal year 2011, the number equal to 60 percent 

of the total number of such personnel employed under such 

contracts on October 1, 2006; and 

‘‘(6) for fiscal year 2012, the number equal to 50 percent 

of the total number of such personnel employed under such 

contracts on October 1, 2006.’’. 

Subtitle E—Reports 

SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR DISASTERS. 

(a) ANNUAL REPORTS ON EQUIPMENT.—Section 10541(b) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(9) An assessment of the extent to which the National 

Guard possesses the equipment required to perform the responsibilities of the National Guard pursuant to sections 331, 332, 

333, 12304(b), and 12406 of this title in response to an emergency or major disaster (as such terms are defined in section 

102 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5122)). Such assessment shall— 

‘‘(A) identify any shortfall in equipment provided to 

the National Guard by the Department of Defense throughout the United States and the territories and possessions 

of the United States that is likely to affect the ability 

of the National Guard to perform such responsibilities; 

‘‘(B) evaluate the effect of any such shortfall on the 

capacity of the National Guard to perform such responsibilities in response to an emergency or major disaster that 

occurs in the United States or a territory or possession 

of the United States; and 

‘‘(C) identify the requirements and investment strategies for equipment provided to the National Guard by 

the Department of Defense that are necessary to plan 

for a reduction or elimination of any such shortfall.’’. 

(b) INCLUSION OF ASSESSMENT OF NATIONAL GUARD READINESS

IN QUARTERLY PERSONNEL AND UNIT READINESS REPORT.—Section 

482 of such title is amended— 

(1) in subsection (a), by striking ‘‘and (e)’’ and inserting 

‘‘(e), and (f)’’; 

(2) by redesignating subsection (f) as subsection (g); and 

(3) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM CIVIL SUPPORT

MISSIONS.—(1) Each report shall also include an assessment of 

the readiness of the National Guard to perform tasks required 

to support the National Response Plan for support to civil authorities. 

‘‘(2) Any information in an assessment under this subsection 

that is relevant to the National Guard of a particular State shall 

also be made available to the Governor of that State. 

‘‘(3) The Secretary shall ensure that each State Governor has 

an opportunity to provide to the Secretary an independent evaluation of that State’s National Guard, which the Secretary shall 

include with each assessment submitted under this subsection.’’. 

10 USC 10541 (c) EFFECTIVE DATE.— note. 


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(1) ANNUAL REPORT ON NATIONAL GUARD AND RESERVE

COMPONENT EQUIPMENT.—The amendment made by subsection 

(a) shall apply with respect to reports submitted after the 

date of the enactment of this Act. 

(2) QUARTERLY REPORTS ON PERSONNEL AND UNIT READI- NESS.—The amendment made by subsection (b) shall apply 

with respect to the quarterly report required under section 

482 of title 10, United States Code, for the second quarter 

of fiscal year 2009 and each subsequent report required under 

that section. 

(d) REPORT ON IMPLEMENTATION.— (1) IN GENERAL.—As part of the budget justification materials submitted to Congress in support of the budget of the 

President for each of fiscal years 2009 and 2010 (as submitted 

under section 1105 of title 31, United States Code), the Secretary of Defense shall submit to the congressional defense 

committees a report on actions taken by the Secretary to implement the amendments made by this section. 

(2) ELEMENTS.—Each report required under paragraph (1) 

shall include a description of the mechanisms to be utilized 

by the Secretary for assessing the personnel, equipment, and 

training readiness of the National Guard, including the standards and measures that will be applied and mechanisms for 

sharing information on such matters with the Governors of 

the States. 

SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT. 

(a) ANNUAL REPORT REQUIRED.—Chapter 131 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 2229a. Annual report on prepositioned materiel and equipment 

‘‘(a) ANNUAL REPORT REQUIRED.—Not later than the date of 

the submission of the President’s budget request for a fiscal year 

under section 1105 of title 31, the Secretary of Defense shall submit 

to the congressional defense committees a report on the status 

of the materiel in the prepositioned stocks as of the end of the 

fiscal year preceding the fiscal year during which the report is 

submitted. Each report shall be unclassified and may contain a 

classified annex. Each report shall include the following information: 

‘‘(1) The level of fill for major end items of equipment 

and spare parts in each prepositioned set as of the end of 

the fiscal year covered by the report. 

‘‘(2) The material condition of equipment in the 

prepositioned stocks as of the end of such fiscal year, grouped 

by category or major end item. 

‘‘(3) A list of major end items of equipment drawn from 

the prepositioned stocks during such fiscal year and a description of how that equipment was used and whether it was 

returned to the stocks after being used. 

‘‘(4) A timeline for completely reconstituting any shortfall 

in the prepositioned stocks. 

‘‘(5) An estimate of the amount of funds required to completely reconstitute any shortfall in the prepositioned stocks 

10 USC 482 note. 


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and a description of the Secretary’s plan for carrying out such 

complete reconstitution. 

‘‘(6) A list of any operations plan affected by any shortfall 

in the prepositioned stocks and a description of any action 

taken to mitigate any risk that such a shortfall may create. 

‘‘(b) COMPTROLLER GENERAL REVIEW.—(1) By not later than 

120 days after the date on which a report is submitted under 

subsection (a), the Comptroller General shall review the report 

and, as the Comptroller General determines appropriate, submit 

to the congressional defense committees any additional information 

that the Comptroller General determines will further inform such 

committees on issues relating to the status of the materiel in 

the prepositioned stocks. 

‘‘(2) The Secretary of Defense shall ensure the full cooperation 

of the Department of Defense with the Comptroller General for 

purposes of the conduct of the review required by this subsection, 

both before and after each report is submitted under subsection 

(a). The Secretary shall conduct periodic briefings for the Comptroller General on the information covered by each report required 

under subsection (a) and provide to the Comptroller General access 

to the data and preliminary results to be used by the Secretary 

in preparing each such report before the Secretary submits the 

report to enable the Comptroller General to conduct each review 

required under paragraph (1) in a timely manner. 

‘‘(3) The requirement to conduct a review under this subsection 

shall terminate on September 30, 2015.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2229a. Annual report on prepositioned materiel and equipment.’’. 

SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED 

DEPLOYMENT. 

Section 323(b)(2) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2146; 10 U.S.C. 229 note) is amended— 

(1) in subparagraph (A), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) each of the military departments for the incremental changes in reset costs resulting from the deployment and redeployment of forces to Iraq and Afghanistan 

above the levels deployed to such countries on January 

1, 2007.’’. 

SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ON THE READINESS OF ARMY AND MARINE 

CORPS GROUND FORCES. 

(a) SUBMITTAL DATE.—Subsection (a)(1) of section 345 of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (Public Law 109–364; 120 Stat. 2156) is amended by striking 

‘‘June 1, 2007’’ and inserting ‘‘June 1, 2008’’. 

(b) ELEMENTS.—Subsection (b) of such section is amended— 

(1) by striking paragraph (2); 

Termination 

date. 


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(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and 

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) An assessment of the ability of the Army and Marine 

Corps to provide trained and ready forces to meet the requirements of increased force levels in support of Operation Iraqi 

Freedom and Operation Enduring Freedom above such force 

levels in effect on January 1, 2007, and to meet the requirements of other ongoing operations simultaneously with such 

increased force levels. 

‘‘(3) An assessment of the strategic depth of the Army 

and Marine Corps and their ability to provide trained and 

ready forces to meet the requirements of the high-priority 

contingency war plans of the regional combatant commands, 

including an identification and evaluation for each such plan 

of— 

‘‘(A) the strategic and operational risks associated with 

current and projected forces of current and projected readiness; 

‘‘(B) the time required to make forces available and 

prepare them for deployment; and 

‘‘(C) likely strategic tradeoffs necessary to meet the 

requirements of each such plan.’’. 

(c) DEPARTMENT OF DEFENSE COOPERATION.—Such section is 

further amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.—The Secretary 

of Defense shall ensure the full cooperation of the Department 

of Defense with the Comptroller General for purposes of the 

preparation of the report required by this section.’’. 

SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF 

ACTIVE AND RESERVE COMPONENTS. 

(a) REPORT REQUIRED.—At the same time that the budget is 

submitted under section 1105(a) of title 31, United States Code, 

for a fiscal year, the Secretary of Defense shall submit to the 

congressional defense committees a report on improving the readiness of the ground forces of active and reserve components of 

the Armed Forces. Each such report shall include— 

(1) a summary of the readiness of each reporting unit 

of the ground forces of the active and reserve components 

and a summary of the readiness of each major combat unit 

of each Armed Force by readiness level; 

(2) an identification of the extent to which the actual readiness ratings of the active and reserve components of the Armed 

Forces have been upgraded based on the judgment of commanders and any efforts of the Secretary of Defense to analyze 

the trends and implications of such upgrades; 

(3) the goals of the Secretary of Defense for managing 

the readiness of the ground forces of the active and reserve 

components, expressed in terms of the number of units or 

percentage of the force that the Secretary plans to maintain 

at each level of readiness, and the Secretary’s projected timeframe for achieving each such goal; 


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(4) a prioritized list of items and actions to be accomplished 

during the fiscal year during which the report is submitted, 

and during the fiscal years covered by the future-years defense 

program, that the Secretary of Defense believes are necessary 

to significantly improve the readiness of the ground forces 

of the active and reserve components and achieve the goals 

and timeframes described in paragraph (3); and 

(5) a detailed investment strategy and plan for each fiscal 

year covered by the future-years defense program under section 

221 of title 10, United States Code, that is submitted during 

the fiscal year in which the report is submitted, that outlines 

the resources required to improve the readiness of the ground 

forces of the active and reserve components, including a description of how each resource identified in such plan relates to 

funding requested by the Secretary in the Secretary’s annual 

budget, and how each such resource will specifically enable 

the Secretary to achieve the readiness goals described in paragraph (3) within the projected timeframes. 

(b) COMPTROLLER GENERAL REVIEW.—By not later than 60 days 

after the date on which a report is submitted under subsection 

(a), the Comptroller General shall review the report and, as the 

Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the 

Comptroller General determines will further inform the congressional defense committees on issues relating to the readiness of 

the ground forces of the active and reserve components of the 

Armed Forces. 

(c) TERMINATION.—The requirement to submit a report under 

subsection (a) shall terminate on the date the Secretary of Defense 

submits the fifth report required under that subsection. 

SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET 

VIABILITY. 

(a) INDEPENDENT ASSESSMENT REQUIRED.—The Secretary of 

Defense shall provide for an independent assessment of the viability 

of the Civil Reserve Air Fleet to be conducted by a federallyfunded research and development center selected by the Secretary. 

(b) CONTENTS OF ASSESSMENT.—The assessment required by 

subsection (a) shall include each of the following: 

(1) An assessment of the Civil Reserve Air Fleet as of 

the date of the enactment of this Act, including an assessment 

of— 

(A) the level of increased use of commercial assets 

to fulfill Department of Defense transportation requirements as a result of the increased global mobility requirements in response to the terrorist attacks of September 

11, 2001; 

(B) the extent of charter air carrier participation in 

fulfilling increased Department of Defense transportation 

requirements as a result of the increased global mobility 

requirements in response to the terrorist attacks of September 11, 2001; 

(C) any policy of the Secretary of Defense to limit 

the percentage of income a single air carrier participating 

in the Civil Reserve Air Fleet may earn under contracts 

with the Secretary during any calendar year and the effects 

of such policy on the air carrier industry in peacetime 

Deadline. 


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and during periods during which the Armed Forces are 

deployed in support of a contingency operation for which 

the Civil Reserve Air Fleet is not activated; and 

(D) any risks to the charter air carrier industry as 

a result of the expansion of the industry in response to 

contingency operations resulting in increased demand by 

the Department of Defense. 

(2) A strategic assessment of the viability of the Civil 

Reserve Air Fleet that compares such viability as of the date 

of the enactment of this Act with the projected viability of 

the Civil Reserve Air Fleet 5, 10, and 15 years after the date 

of the enactment of this Act, including for activations at each 

of stages 1, 2, and 3— 

(A) an examination of the requirements of the Department of Defense for the Civil Reserve Air Fleet for the 

support of operational and contingency plans, including 

any anticipated changes in the Department’s organic airlift 

capacity, logistics concepts, and personnel and training 

requirements; 

(B) an assessment of air carrier participation in the 

Civil Reserve Air Fleet; and 

(C) a comparison between the requirements of the 

Department described in subparagraph (A) and air carrier 

participation described in subparagraph (B). 

(3) An examination of any perceived barriers to Civil 

Reserve Air Fleet viability, including— 

(A) the operational planning system of the Civil 

Reserve Air Fleet; 

(B) the reward system of the Civil Reserve Air Fleet; 

(C) the long-term affordability of the Aviation War 

Risk Insurance Program; 

(D) the effect on United States air carriers operating 

overseas routes during periods of Civil Reserve Air Fleet 

activation; 

(E) increased foreign ownership of United States air 

carriers; 

(F) increased operational costs during activation as 

a result of hazardous duty pay, routing delays, and inefficiencies in cargo handling by the Department of Defense; 

(G) the effect of policy initiatives by the Secretary 

of Transportation to encourage international code sharing 

and alliances; and 

(H) the effect of limitations imposed by the Secretary 

of Defense to limit commercial shipping options for certain 

routes and package sizes. 

(4) Recommendations for improving the Civil Reserve Air 

Fleet program, including an assessment of potential incentives 

for increasing participation in the Civil Reserve Air Fleet program, including establishing a minimum annual purchase 

amount during peacetime. 

(c) SUBMISSION TO CONGRESS.—Upon the completion of the 

assessment required under subsection (a) and by not later than 

April 1, 2008, the Secretary shall submit to the congressional 

defense committees a report on the assessment. 

(d) COMPTROLLER GENERAL REPORT.—Not later than 90 days 

after the report is submitted under subsection (c), the Comptroller 


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General shall conduct a review of the assessment required under 

subsection (a). 

SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT 

ON PHYSICAL SECURITY OF DEPARTMENT OF DEFENSE 

INSTALLATIONS. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Inspector General of the Department 

of Defense shall submit to Congress a report on the physical security 

of Department of Defense installations and resources. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An analysis of the progress in implementing requirements under the Physical Security Program as set forth in 

the Department of Defense Instruction 5200.08–R, Chapter 2 

(C.2) and Chapter 3, Section 3: Installation Access (C3.3), which 

mandates the policies and minimum standards for the physical 

security of Department of Defense installations and resources. 

(2) Recommendations based on the findings of the Comptroller General of the United States in the report required 

by section 344 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–366; 120 Stat. 

2155). 

(3) Recommendations based on the lessons learned from 

the thwarted plot to attack Fort Dix, New Jersey, in 2007. 

SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING. 

(a) REVIEW REQUIRED.—The Secretary of the Defense shall 

conduct a review of the training requirements of the Department 

of Defense for helicopter operations in high-altitude or power-limited 

conditions. 

(b) CONTENT.—The review required under subsection (a) shall 

include an examination of— 

(1) power-management and high-altitude training requirements by military department, helicopter, and crew position; 

(2) training methods and locations currently used by each 

of the military departments to fulfill those training requirements; 

(3) department or service regulations that prohibit or 

inhibit joint-service or inter-service high-altitude aviation 

training; 

(4) costs for each of the previous 5 years associated with 

transporting aircraft to and from the High-Altitude Aviation 

Training Site, Gypsum, Colorado, for training purposes; 

(5) potential risk avoidance and reductions in accident rates 

due to power management if training of the type offered at 

the High-Altitude Aviation Training Site was required training, 

rather than optional training; and 

(6) potential cost savings and operational benefits, if any, 

of permanently stationing no less than 4 UH–60, 2 CH–47, 

and 2 LUH–72 aircraft at the High-Altitude Aviation Training 

Site, Gypsum, Colorado. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the conduct and findings 

of the review required under subsection (a) along with a summary 

of changes to policy, regulation, or asset allocation necessary to 


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ensure that Department of Defense helicopter aircrews are adequately trained in high-altitude or power-limited flying conditions 

prior to being exposed to such conditions operationally. 

SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT 

ISSUES AND MASTER PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY. 

(a) ANNUAL REPORT ON SAFETY MEASURES.—Not later than 

March 1, 2008, and annually thereafter for 2 additional years, 

the Secretary of the Air Force shall submit to the congressional 

defense committees a report on efforts made by all of the military 

departments utilizing the Warren Grove Gunnery Range, New 

Jersey, to provide the highest level of safety. 

(b) MASTER PLAN FOR WARREN GROVE GUNNERY RANGE.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Air Force 

shall submit to the congressional defense committees a master 

plan for Warren Grove Gunnery Range. 

(2) CONTENT.—The master plan required under paragraph 

(1) shall include measures to mitigate encroachment of the 

Warren Grove Gunnery Range, taking into consideration military mission requirements, land use plans, the surrounding 

community, the economy of the region, and protection of the 

environment and public health, safety, and welfare. 

(3) INPUT.—In establishing the master plan required under 

paragraph (1), the Secretary shall seek input from relevant 

stakeholders at the Federal, State, and local level. 

SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE 

AIR FORCE IN THE NORTHWESTERN UNITED STATES. 

(a) REPORT.—Not later than April 1, 2008, the Secretary of 

the Air Force shall submit to the appropriate congressional committees a report on the search and rescue capabilities of the Air 

Force in the northwestern United States. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of the search and rescue capabilities 

required to support Air Force operations and training. 

(2) A description of the compliance of the Air Force with 

the 1999 United States National Search and Rescue Plan 

(referred to hereinafter in this section as the ‘‘NSRP’’) for 

Washington, Oregon, Idaho, and Montana. 

(3) An inventory and description of the search and rescue 

assets of the Air Force that are available to meet the requirements of the NSRP. 

(4) A description of the use of such search and rescue 

assets during the 3-year period preceding the date when the 

report is submitted. 

(5) The plans of the Air Force to meet current and future 

search and rescue requirements in the northwestern United 

States, including plans that take into consideration requirements related to support for both Air Force operations and 

training and compliance with the NSRP. 

(6) An inventory of other search and rescue capabilities 

equivalent to such capabilities provided by the Air Force that 

may be provided by other Federal, State, or local agencies 

in the northwestern United States. 


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(c) USE OF REPORT FOR PURPOSES OF CERTIFICATION REGARDING

SEARCH AND RESCUE CAPABILITIES.—Section 1085 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 2065; 10 U.S.C. 113 note) 

is amended by striking ‘‘unless the Secretary first certifies’’ and 

inserting ‘‘unless the Secretary, after reviewing the search and 

rescue capabilities report prepared by the Secretary of the Air 

Force under subsection (a), first certifies’’. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Homeland Security and Governmental Affairs, the Committee 

on Commerce, Science, and Transportation, the Committee on 

Energy and Natural Resources, and the Committee on Appropriations of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Homeland Security, the Committee on Energy and Commerce, 

the Committee on Natural Resources, and the Committee on 

Appropriations of the House of Representatives. 

SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION 

PLAN FOR CHEYENNE MOUNTAIN AIR STATION, COLORADO. 

(a) REPORT ON RELOCATION OF NORTH AMERICAN AEROSPACE

DEFENSE COMMAND CENTER.— 

(1) IN GENERAL.—Not later than March 1, 2008, the Secretary of Defense shall submit to Congress a report on the 

relocation of the North American Aerospace Defense Command 

center and related functions from Cheyenne Mountain Air Station, Colorado, to Peterson Air Force Base, Colorado. 

(2) CONTENT.—The report required under paragraph (1) 

shall include— 

(A) an analysis comparing the total costs associated 

with the relocation, including costs determined as part 

of ongoing security-related studies of the relocation, to 

anticipated operational benefits from the relocation; 

(B) a detailed explanation of the backup functions that 

will remain located at Cheyenne Mountain Air Station, 

and how such functions planned to be transferred out of 

Cheyenne Mountain Air Station, including the Space Operations Center, will maintain operational connectivity with 

their related commands and relevant communications centers; 

(C) the final plans for the relocation of the North 

American Aerospace Defense Command center and related 

functions; and 

(D) the findings and recommendations of an independent security and vulnerability assessment of Peterson 

Air Force Base carried out by Sandia National Laboratory 

for the United States Air Force Space Command and the 

Secretary’s plans for mitigating any security and vulnerability risks identified as part of that assessment and associated cost and schedule estimates. 

(b) LIMITATION ON AVAILABILITY OF FUNDS PENDING RECEIPT

OF REPORT.—Of the funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 


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2008 for operation and maintenance for the Air Force that are 

available for the Cheyenne Mountain Transformation project, 

$5,000,000 may not be obligated or expended until Congress receives 

the report required under subsection (a). 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 120 days 

after the date on which the Secretary of Defense submits the 

report required under subsection (a), the Comptroller General shall 

submit to Congress a review of the report and the final plans 

of the Secretary for the relocation of the North American Aerospace 

Defense Command center and related functions. 

(d) MASTER INFRASTRUCTURE RECAPITALIZATION PLAN.— (1) IN GENERAL.—Not later than March 16, 2008, the Secretary of the Air Force shall submit to Congress a master 

infrastructure recapitalization plan for Cheyenne Mountain Air 

Station. 

(2) CONTENT.—The plan required under paragraph (1) shall 

include— 

(A) a description of the projects that are needed to 

improve the infrastructure required for supporting missions 

associated with Cheyenne Mountain Air Station; and 

(B) a funding plan explaining the expected timetable 

for the Air Force to support such projects. 

Subtitle F—Other Matters 

SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION 

FUNCTIONS WITHIN DEPARTMENT OF DEFENSE. 

(a) OFFICE OF CORROSION POLICY AND OVERSIGHT.— 

(1) IN GENERAL.—Section 2228 of title 10, United States 

Code, is amended by striking the section heading and subsection 

(a) and inserting the following: 

‘‘§ 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. 

Establishment. 


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‘‘(4) The Secretary of Defense shall designate the position of 

Director as a critical acquisition position under section 1733(b)(1)(C) 

of this title.’’. 

(2) CONFORMING AMENDMENTS.—Section 2228(b) of such 

title is amended— 

(A) in paragraph (1), by striking ‘‘official or organization designated under subsection (a)’’ and inserting 

‘‘Director of Corrosion Policy and Oversight (in this section 

referred to as the ‘Director’)’’; and 

(B) in paragraphs (2), (3), (4), and (5), by striking 

‘‘designated official or organization’’ and inserting 

‘‘Director’’. 

(b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OFFICE.—Section 

2228 of such title is further amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (f), respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.—The Director is 

authorized to— 

‘‘(1) develop, update, and coordinate corrosion training with 

the Defense Acquisition University; 

‘‘(2) participate in the process within the Department of 

Defense for the development of relevant directives and instructions; and 

‘‘(3) interact directly with the corrosion prevention industry, 

trade associations, other government corrosion prevention agencies, academic research and educational institutions, and scientific organizations engaged in corrosion prevention, including 

the National Academy of Sciences.’’. 

(c) INCLUSION OF COOPERATIVE RESEARCH AGREEMENTS AS PART

OF CORROSION REDUCTION STRATEGY.—Subsection (d)(2)(D) of section 2228 of such title, as redesignated by subsection (b), is amended 

by inserting after ‘‘operational strategies’’ the following: ‘‘, including 

through the establishment of memoranda of agreement, joint 

funding agreements, public-private partnerships, university 

research and education centers, and other cooperative research 

agreements’’. 

(d) REPORT REQUIREMENT.—Section 2228 of such title is further 

amended by inserting after subsection (d) (as redesignated by subsection (b)) the following new subsection: 

‘‘(e) REPORT.—(1) For each budget for a fiscal year, beginning 

with the budget for fiscal year 2009, the Secretary of Defense 

shall submit, with the defense budget materials, a report on the 

following: 

‘‘(A) Funding requirements for the long-term strategy developed under subsection (d). 

‘‘(B) The return on investment that would be achieved 

by implementing the strategy. 

‘‘(C) The funds requested in the budget compared to the 

funding requirements. 

‘‘(D) An explanation if the funding requirements are not 

fully funded in the budget. 

‘‘(2) Within 60 days after submission of the budget for a fiscal 

year, the Comptroller General shall provide to the congressional 

defense committees— 


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‘‘(A) an analysis of the budget submission for corrosion 

control and prevention by the Department of Defense; and 

‘‘(B) an analysis of the report required under paragraph 

(1).’’. 

(e) DEFINITIONS.—Subsection (f) of section 2228 of such title, 

as redesignated by subsection (b), is amended by adding at the 

end the following new paragraphs: 

‘‘(4) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(5) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year.’’. 

(f) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 131 of such title is amended by striking the item 

relating to section 2228 and inserting the following new item: 

‘‘2228. Office of Corrosion Policy and Oversight.’’. 

SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 

SUPPORT FOR CERTAIN SPORTING EVENTS. 

(a) PROVISION OF SUPPORT.—Section 2564 of title 10, United 

States Code, is amended— 

(1) in subsection (c), by adding at the end the following 

new paragraphs: 

‘‘(4) A sporting event sanctioned by the United States 

Olympic Committee through the Paralympic Military Program. 

‘‘(5) Any national or international paralympic sporting 

event (other than a sporting event described in paragraphs 

(1) through (4))— 

‘‘(A) that— 

‘‘(i) is held in the United States or any of its 

territories or commonwealths; 

‘‘(ii) is governed by the International Paralympic 

Committee; and 

‘‘(iii) is sanctioned by the United States Olympic 

Committee; 

‘‘(B) for which participation exceeds 100 amateur athletes; and 

‘‘(C) in which at least 10 percent of the athletes participating in the sporting event are members or former members of the armed forces who are participating in the 

sporting event based upon an injury or wound incurred 

in the line of duty in the armed force and veterans who 

are participating in the sporting event based upon a 

service-connected disability.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g) FUNDING FOR SUPPORT OF CERTAIN EVENTS.—(1) Amounts 

for the provision of support for a sporting event described in paragraph (4) or (5) of subsection (c) may be derived from the Support 

for International Sporting Competitions, Defense account established by section 5802 of the Omnibus Consolidated Appropriations 

Act, 1997 (Public Law 104–208; 10 U.S.C. 2564 note), notwithstanding any limitation under that section relating to the availability of funds in such account for the provision of support for 

international sporting competitions. 


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‘‘(2) The total amount expended for any fiscal year to provide 

support for sporting events described in subsection (c)(5) may not 

exceed $1,000,000.’’. 

(b) SOURCE OF FUNDS.—Section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 10 U.S.C. 

2564 note) is amended— 

(1) by inserting after ‘‘international sporting competitions’’ 

the following: ‘‘and for support of sporting competitions authorized under section 2564(c)(4) and (5), of title 10, United States 

Code,’’; and 

(2) by striking ‘‘45 days’’ and inserting ‘‘15 days’’. 

SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON 

PAYMENT OF FULL REPLACEMENT VALUE FOR LOST OR 

DAMAGED PERSONAL PROPERTY TRANSPORTED AT 

GOVERNMENT EXPENSE. 

Section 2636a(d) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘The regulations 

may include a requirement that a member of the armed forces 

or civilian employee of the Department of Defense comply with 

reasonable restrictions or conditions prescribed by the Secretary 

in order to receive the full amount deducted under subsection 

(b).’’. 

SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE 

AIRCRAFT OF RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES 

FOR CERTAIN HEALTH CARE SERVICES. 

(a) AVAILABILITY OF TRANSPORTATION.—Chapter 157 of title 

10, United States Code, is amended by inserting after section 2641a 

the following new section: 

‘‘§ 2641b. Space-available travel on Department of Defense 

aircraft: retired members residing in Commonwealths and possessions of the United States for 

certain health care services 

‘‘(a) PRIORITY TRANSPORTATION.—The Secretary of Defense shall 

provide transportation on Department of Defense aircraft on a 

space-available basis for any member or former member of the 

uniformed services described in subsection (b), and a single 

dependent of the member if needed to accompany the member, 

at a priority level in the same category as the priority level for 

an unaccompanied dependent over the age of 18 traveling on 

environmental and morale leave. 

‘‘(b) ELIGIBLE MEMBERS AND FORMER MEMBERS.—A member 

or former member eligible for priority transport under subsection 

(a) is a covered beneficiary under chapter 55 of this title who— 

‘‘(1) is entitled to retired or retainer pay; 

‘‘(2) resides in or is located in a Commonwealth or possession of the United States; and 

‘‘(3) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty 

care provider for services to be provided outside of that 

Commonwealth or possession. 

‘‘(c) SCOPE OF PRIORITY.—The increased priority for space-available transportation required by subsection (a) applies with respect 

to both— 

Applicability. 


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‘‘(1) the travel from the Commonwealth or possession of 

the United States to receive the specialty care services; and 

‘‘(2) the return travel. 

‘‘(d) DEFINITIONS.—In this section, the terms ‘primary care provider’ and ‘specialty care provider’ refer to a medical or dental 

professional who provides health care services under chapter 55 

of this title. 

‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to implement this section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2641a the following new item: 

‘‘2641b. Space-available travel on Department of Defense aircraft: retired members 

residing in Commonwealths and possessions of the United States for 

certain health care services.’’. 

SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY. 

(a) IN GENERAL.—Chapter 165 of title 10, United States Code, 

is amended by adding at the end the following new sections: 

‘‘§ 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. 

‘‘§ 2789. Individual equipment: unauthorized disposition 

‘‘(a) PROHIBITION.—No member of the armed forces may sell, 

lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other 

than a member of the armed forces or an officer of the United 

States who is authorized to receive it. 

‘‘(b) SEIZURE OF IMPROPERLY DISPOSED PROPERTY.—If a member 

of the armed forces has disposed of property in violation of subsection (a) and the property is in the possession of a person who 

is neither a member of the armed forces nor an officer of the 

United States who is authorized to receive it, that person has 

no right to or interest in the property, and any civil or military 

officer of the United States may seize the property, wherever found, 

subject to applicable regulations. Possession of such property furnished by the United States to a member of the armed forces 

by a person who is neither a member of the armed forces, nor 

an officer of the United States, is prima facie evidence that the 

property has been disposed of in violation of subsection (a). 

‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an officer who seizes 

property under subsection (b) is not authorized to retain it for 

the United States, the officer shall deliver the property to a person 

who is authorized to retain it.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new items: 

‘‘2788. Property accountability: regulations. 

‘‘2789. Individual equipment: unauthorized disposition.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Such title is further amended by striking 

the following sections: 

(A) Section 4832. 

(B) Section 4836. 


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(C) Section 9832. 

(D) Section 9836. 

(2) CLERICAL AMENDMENTS.— 

(A) CHAPTER 453.—The table of sections at the beginning of chapter 453 of such title is amended by striking 

the items relating to sections 4832 and 4836. 

(B) CHAPTER 953.—The table of sections at the beginning of chapter 953 of such title is amended by striking 

the items relating to sections 9832 and 9836. 

SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE 

ARMED FORCES DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. 

(a) RETENTION OF COMBAT UNIFORMS.—Chapter 152 of title 

10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 2568. Retention of combat uniforms by members deployed 

in support of contingency operations 

‘‘The Secretary of a military department may authorize a 

member of the armed forces under the jurisdiction of the Secretary 

who has been deployed in support of a contingency operation for 

at least 30 days to retain, after that member is no longer so 

deployed, the combat uniform issued to that member as organizational clothing and individual equipment.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘2568. Retention of combat uniforms by members deployed in support of contingency 

operations.’’. 

SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER 

THAN TO ARMED FORCES. 

(a) IN GENERAL.—Part IV of subtitle C of title 10, United 

States Code, is amended by adding at the end the following new 

chapter: 

‘‘CHAPTER 667—ISSUE OF SERVICEABLE MATERIAL 

OTHER THAN TO ARMED FORCES 

‘‘Sec. 

‘‘7911. Arms, tentage, and equipment: educational institutions not maintaining units 

of R.O.T.C. 

‘‘7912. Rifles and ammunition for target practice: educational institutions having 

corps of midshipmen. 

‘‘7913. Supplies: military instruction camps. 

‘‘§ 7911. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C. 

‘‘Under such conditions as he may prescribe, the Secretary 

of the Navy may issue arms, tentage, and equipment that the 

Secretary considers necessary for proper military training, to any 

educational institution at which no unit of the Reserve Officers’ 

Training Corps is maintained, but which has a course in military 

training prescribed by the Secretary and which has at least 50 

physically fit students over 14 years of age. 


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‘‘§ 7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen 

‘‘(a) AUTHORITY TO LEND.—The Secretary of the Navy may 

lend, without expense to the United States, magazine rifles and 

appendages that are not of the existing service models in use 

at the time and that are not necessary for a proper reserve supply, 

to any educational institution having a uniformed corps of midshipmen of sufficient number for target practice. The Secretary 

may also issue 40 rounds of ball cartridges for each midshipman 

for each range at which target practice is held, but not more 

than 120 rounds each year for each midshipman participating in 

target practice. 

‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The institutions to 

which property is lent under subsection (a) shall— 

‘‘(1) use the property for target practice; 

‘‘(2) take proper care of the property; and 

‘‘(3) return the property when required. 

‘‘(c) REGULATIONS.—The Secretary of the Navy shall prescribe 

regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the 

United States. 

‘‘§ 7913. Supplies: military instruction camps 

‘‘Under such conditions as he may prescribe, the Secretary 

of the Navy may issue, to any educational institution at which 

an officer of the naval service is detailed as professor of naval 

science, such supplies as are necessary to establish and maintain 

a camp for the military instruction of its students. The Secretary 

shall require a bond in the value of the property issued under 

this section, for the care and safekeeping of that property and 

except for property properly expended, for its return when 

required.’’. 

(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the 

beginning of part IV of such subtitle, are each amended by inserting 

after the item relating to chapter 665 the following new item: 

‘‘667. Issue of serviceable material other than to Armed Forces ........................ 7911.’’. 

SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM. 

Section 44310 of title 49, United States Code, is amended 

by striking ‘‘March 30, 2008’’ and inserting ‘‘December 31, 2013’’. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2009 and 2010. 

Sec. 404. Increase in authorized strengths for Army officers on active duty in the 

grade of major. 

Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 

grades of lieutenant commander, commander, and captain. 

Sec. 406. Increase in authorized daily average of number of members in pay grade 

E–9. 


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122 STAT. 86 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty 

to provide operational support. 

Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for active duty personnel as of September 30, 2008, as follows: 

(1) The Army, 525,400. 

(2) The Navy, 329,098. 

(3) The Marine Corps, 189,000. 

(4) The Air Force, 329,563. 

(b) LIMITATION.— 

(1) ARMY.—The authorized strength for the Army provided 

in paragraph (1) of subsection (a) for active duty personnel 

for fiscal year 2008 is subject to the condition that costs of 

active duty personnel of the Army for that fiscal year in excess 

of 489,400 shall be paid out of funds authorized to be appropriated for that fiscal year by section 1514. 

(2) MARINE CORPS.—The authorized strength for the Marine 

Corps provided in paragraph (3) of subsection (a) for active 

duty personnel for fiscal year 2008 is subject to the condition 

that costs of active duty personnel of the Marine Corps for 

that fiscal year in excess of 180,000 shall be paid out of funds 

authorized to be appropriated for that fiscal year by section 

1514. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 525,400. 

‘‘(2) For the Navy, 328,400. 

‘‘(3) For the Marine Corps, 189,000. 

‘‘(4) For the Air Force, 328,600.’’. 

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND 

MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 

FISCAL YEARS 2009 AND 2010. 

(a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY END

STRENGTHS.—For each of fiscal years 2009 and 2010, the Secretary 

of Defense may, as the Secretary determines necessary for the 

purposes described in subsection (c), establish the active-duty end 

strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscalyear 2008 baseline plus 22,000. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 87 

(b) MARINE CORPS.—For each of fiscal years 2009 and 2010, 

the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the 

active-duty end strength for the Marine Corps at a number greater 

than the number otherwise authorized by law up to the number 

equal to the fiscal-year 2008 baseline plus 13,000. 

(c) PURPOSE OF INCREASES.—The purposes for which increases 

may be made in Army and Marine Corps active duty end strengths 

under this section are— 

(1) to support operational missions; and 

(2) to achieve transformational reorganization objectives, 

including objectives for increased numbers of combat brigades 

and battalions, increased unit manning, force stabilization and 

shaping, and rebalancing of the active and reserve component 

forces. 

(d) RELATIONSHIP TO PRESIDENTIAL WAIVER AUTHORITY.— 

Nothing in this section shall be construed to limit the President’s 

authority under section 123a of title 10, United States Code, to 

waive any statutory end strength in a time of war or national 

emergency. 

(e) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The 

authority under this section is in addition to the authority to 

vary authorized end strengths that is provided in subsections (e) 

and (f) of section 115 of title 10, United States Code. 

(f) BUDGET TREATMENT.— 

(1) FISCAL YEARS 2009 AND 2010 BUDGETS.—The budget for 

the Department of Defense for fiscal years 2009 and 2010 

as submitted to Congress shall comply, with respect to funding, 

with subsections (c) and (d) of section 691 of title 10, United 

States Code. 

(2) OTHER INCREASES.—If the Secretary of Defense plans 

to increase the Army or Marine Corps active duty end strength 

for a fiscal year under this section, then the budget for the 

Department of Defense for that fiscal year as submitted to 

Congress shall include the amounts necessary for funding that 

active duty end strength in excess of the fiscal year 2008 

active duty end strength authorized for that service under 

section 401. 

(g) DEFINITIONS.—In this section: 

(1) FISCAL-YEAR 2008 BASELINE.—The term ‘‘fiscal-year 2008 

baseline’’, with respect to the Army and Marine Corps, means 

the active-duty end strength authorized for those services in 

section 401. 

(2) ACTIVE-DUTY END STRENGTH.—In this subsection, the 

term ‘‘active-duty end strength’’ means the strength for activeduty personnel of one of the Armed Forces as of the last 

day of a fiscal year. 

(h) REPEAL OF OTHER DISCRETIONARY AUTHORITY TO TEMPORARILY INCREASE ARMY AND MARINE CORPS ACTIVE DUTY END

STRENGTHS.—Section 403 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375; 10 U.S.C. 115 note), as amended by section 403 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2169), is repealed. 


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122 STAT. 88 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS 

ON ACTIVE DUTY IN THE GRADE OF MAJOR. 

The portion of the table in section 523(a)(1) of title 10, United 

States Code, relating to the Army is amended to read as follows: 

‘‘Total number of commissioned 

officers (excluding officers in categories specified in subsection 

(b)) on active duty: 

Number of officers who may be serving 

on active duty in grade of: 

Major Lieutenant 

Colonel Colonel 

Army: 

20,000 ....................................... 7,768 5,253 1,613

25,000 ....................................... 8,689 5,642 1,796

30,000 ....................................... 9,611 6,030 1,980

35,000 ....................................... 10,532 6,419 2,163

40,000 ....................................... 11,454 6,807 2,347

45,000 ....................................... 12,375 7,196 2,530

50,000 ....................................... 13,297 7,584 2,713

55,000 ....................................... 14,218 7,973 2,897

60,000 ....................................... 15,140 8,361 3,080

65,000 ....................................... 16,061 8,750 3,264

70,000 ....................................... 16,983 9,138 3,447

75,000 ....................................... 17,903 9,527 3,631

80,000 ....................................... 18,825 9,915 3,814

85,000 ....................................... 19,746 10,304 3,997

90,000 ....................................... 20,668 10,692 4,181

95,000 ....................................... 21,589 11,081 4,364

100,000 ..................................... 22,511 11,469 4,548

110,000 ..................................... 24,354 12,246 4,915

120,000 ..................................... 26,197 13,023 5,281

130,000 ..................................... 28,040 13,800 5,648

170,000 ..................................... 35,412 16,908 7,116’’. 

SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS 

ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN. 

The table in section 523(a)(2) of title 10, United States Code, 

is amended to read as follows: 

‘‘Total number of commissioned 

officers (excluding officers in categories specified in subsection 

(b)) on active duty: 

Number of officers who may be serving 

on active duty in grade of: 

Lieutenant 

Commander 

Commander Captain 

Navy: 

30,000 ....................................... 7,698 5,269 2,222

33,000 ....................................... 8,189 5,501 2,334

36,000 ....................................... 8,680 5,733 2,447

39,000 ....................................... 9,172 5,965 2,559

42,000 ....................................... 9,663 6,197 2,671

45,000 ....................................... 10,155 6,429 2,784

48,000 ....................................... 10,646 6,660 2,896

51,000 ....................................... 11,136 6,889 3,007


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 89 

‘‘Total number of commissioned 

officers (excluding officers in categories specified in subsection 

(b)) on active duty: 

Number of officers who may be serving 

on active duty in grade of: 

Lieutenant 

Commander 

Commander Captain 

54,000 ....................................... 11,628 7,121 3,120

57,000 ....................................... 12,118 7,352 3,232

60,000 ....................................... 12,609 7,583 3,344

63,000 ....................................... 13,100 7,813 3,457

66,000 ....................................... 13,591 8,044 3,568

70,000 ....................................... 14,245 8,352 3,718

90,000 ....................................... 17,517 9,890 4,467’’. 

SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER 

OF MEMBERS IN PAY GRADE E–9. 

Section 517(a) of title 10, United States Code, is amended 

by striking ‘‘1 percent’’ and inserting ‘‘1.25 percent’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2008, as follows: 

(1) The Army National Guard of the United States, 351,300. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 67,800. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,700. 

(6) The Air Force Reserve, 67,500. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 


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122 STAT. 90 PUBLIC LAW 110–181—JAN. 28, 2008 

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

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2008, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 29,204. 

(2) The Army Reserve, 15,870. 

(3) The Navy Reserve, 11,579. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 13,936. 

(6) The Air Force Reserve, 2,721. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2008 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 8,249. 

(2) For the Army National Guard of the United States, 

26,502. 

(3) For the Air Force Reserve, 9,909. 

(4) For the Air National Guard of the United States, 22,553. 

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

STATUS TECHNICIANS. 

(a) LIMITATIONS.— (1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2008, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2008, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2008, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 91 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN 

RESERVE COMPONENT PERSONNEL AUTHORIZED TO BE 

ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 

TO PROVIDE OPERATIONAL SUPPORT. 

(a) REVIEW OF OPERATIONAL SUPPORT MISSIONS PERFORMED

BY CERTAIN RESERVE COMPONENT PERSONNEL.— (1) REVIEW REQUIRED.—The Secretary of Defense shall conduct a review of the long-term operational support missions 

performed by members of the reserve components authorized 

under section 115(b) of title 10, United States Code, to be 

on active duty or full-time National Guard duty for the purpose 

of providing operational support, with the objectives of such 

review being— 

(A) minimizing the number of reserve component members who perform such service for a period greater than 

1,095 consecutive days, or cumulatively for 1,095 days out 

of the previous 1,460 days; and 

(B) determining which long-term operational support 

missions being performed by such members would more 

appropriately be performed by members of the Armed 

Forces on active duty under other provisions of title 10, 

United States Code, or by full-time support personnel of 

reserve components. 

(2) SUBMISSION OF RESULTS.—Not later than March 1, 2008, 

the Secretary shall submit to Congress the results of the review, 

including a description of the adjustments in Department of 

Defense policy to be implemented as a result of the review 

and such recommendations for changes in statute, as the Secretary considers to be appropriate. 

(b) IMPROVED ACCOUNTING FOR RESERVE COMPONENT PERSONNEL PROVIDING OPERATIONAL SUPPORT.—Section 115(b) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(4) As part of the budget justification materials submitted 

by the Secretary of Defense to Congress in support of the end 

strength authorizations required under subparagraphs (A) and (B) 

of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following: 

‘‘(A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph 

(1) who were serving on active duty or full-time National Guard 

duty for operational support beyond each of the limits specified 

under subparagraphs (A) and (B) of paragraph (2) at the end 

of the fiscal year preceding the fiscal year for which the budget 

justification materials are submitted. 

‘‘(B) The number of members, specified by reserve component, on active duty for operational support who, at the end 

of the fiscal year for which the budget justification materials 

are submitted, are projected to be serving on active duty or 

full-time National Guard duty for operational support beyond 

such limits. 

‘‘(C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the 

Deadline. 


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end strength authorizations requested under subparagraphs 

(A) and (B) of subsection (a)(1). 

‘‘(D) A summary of the missions being performed by members identified under subparagraphs (A) and (B).’’. 

SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED 

RESERVE END STRENGTHS. 

Section 115(f)(3) of title 10, United States Code, is amended 

by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2008 a total 

of $117,091,420,000. The authorization in the preceding sentence 

supersedes any other authorization of appropriations (definite or 

indefinite) for such purpose for fiscal year 2008. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Assignment of officers to designated positions of importance and responsibility. 

Sec. 502. Enhanced authority for Reserve general and flag officers to serve on active duty. 

Sec. 503. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority. 

Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty. 

Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties. 

Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted 

grade. 

Sec. 507. Increase in authorized number of permanent professors at the United 

States Military Academy. 

Sec. 508. Promotion of career military professors of the Navy. 

Subtitle B—Reserve Component Management 

Sec. 511. Retention of military technicians who lose dual status in the Selected Reserve due to combat-related disability. 

Sec. 512. Constructive service credit upon original appointment of Reserve officers 

in certain health care professions. 

Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service. 

Sec. 514. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air National Guard officer. 

Sec. 515. Advance notice to members of reserve components of deployment in support of contingency operations. 

Sec. 516. Report on relief from professional licensure and certification requirements 

for reserve component members on long-term active duty. 

Subtitle C—Education and Training 

Sec. 521. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 522. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons selected as 

medical students at Uniformed Services University of the Health 

Sciences. 


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Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Reserve and Army National Guard financial assistance program. 

Sec. 524. Treatment of prior active service of members in uniformed medical accession programs. 

Sec. 525. Repeal of post-2007–2008 academic year prohibition on phased increase 

in cadet strength limit at the United States Military Academy. 

Sec. 526. National Defense University master’s degree programs. 

Sec. 527. Authority of the Air University to confer degree of master of science in 

flight test engineering. 

Sec. 528. Enhancement of education benefits for certain members of reserve components. 

Sec. 529. Extension of period of entitlement to educational assistance for certain 

members of the Selected Reserve affected by force shaping initiatives. 

Sec. 530. Time limit for use of educational assistance benefit for certain members 

of reserve components and resumption of benefit. 

Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting 

authorities of certain military universities and educational institutions. 

Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve 

Officers’ Training Corps financial assistance program. 

Sec. 533. Report on utilization of tuition assistance by members of the Armed 

Forces. 

Sec. 534. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport High Schools. 

Sec. 535. Report on transfer of administration of certain educational assistance programs for members of the reserve components. 

Subtitle D—Military Justice and Legal Assistance Matters 

Sec. 541. Authority to designate civilian employees of the Federal Government and 

dependents of deceased members as eligible for legal assistance from 

Department of Defense legal staff resources. 

Sec. 542. Authority of judges of the United States Court of Appeals for the Armed 

Forces to administer oaths. 

Sec. 543. Modification of authorities on senior members of the Judge Advocate Generals’ Corps. 

Sec. 544. Prohibition against members of the Armed Forces participating in criminal street gangs. 

Subtitle E—Military Leave 

Sec. 551. Temporary enhancement of carryover of accumulated leave for members 

of the Armed Forces. 

Sec. 552. Enhancement of rest and recuperation leave. 

Subtitle F—Decorations and Awards 

Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, 

Jr., for acts of valor during the Vietnam War. 

Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla 

for acts of valor during the Korean War. 

Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. 

Keeble for acts of valor during the Korean War. 

Sec. 564. Authorization and request for award of Medal of Honor to Private Philip 

G. Shadrach for acts of valor as one of Andrews’ Raiders during the 

Civil War. 

Sec. 565. Authorization and request for award of Medal of Honor to Private George 

D. Wilson for acts of valor as one of Andrews’ Raiders during the Civil 

War. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 571. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 572. Impact aid for children with severe disabilities. 

Sec. 573. Inclusion of dependents of non-department of Defense employees employed on Federal property in plan relating to force structure changes, 

relocation of military units, or base closures and realignments. 

Sec. 574. Payment of private boarding school tuition for military dependents in 

overseas areas not served by defense dependents’ education system 

schools. 

Subtitle H—Military Families 

Sec. 581. Department of Defense Military Family Readiness Council and policy and 

plans for military family readiness. 


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122 STAT. 94 PUBLIC LAW 110–181—JAN. 28, 2008 

Sec. 582. Yellow Ribbon Reintegration Program. 

Sec. 583. Study to enhance and improve support services and programs for families 

of members of regular and reserve components undergoing deployment. Sec. 584. Protection of child custody arrangements for parents who are members of 

the Armed Forces deployed in support of a contingency operation. Sec. 585. Family leave in connection with injured members of the Armed Forces. 

Sec. 586. Family care plans and deferment of deployment of single parent or dual 

military couples with minor dependents. Sec. 587. Education and treatment services for military dependent children with 

autism. 

Sec. 588. Commendation of efforts of Project Compassion in paying tribute to members of the Armed Forces who have fallen in the service of the United 

States. 

Subtitle I—Other Matters 

Sec. 590. Uniform performance policies for military bands and other musical units. 

Sec. 591. Transportation of remains of deceased members of the Armed Forces and 

certain other persons. Sec. 592. Expansion of number of academies supportable in any State under 

STARBASE program. Sec. 593. Gift acceptance authority. 

Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform 

during hoisting, lowering, or passing of United States flag. Sec. 595. Annual report on cases reviewed by National Committee for Employer 

Support of the Guard and Reserve. Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD 

Form 214). 

Sec. 597. Reports on administrative separations of members of the Armed Forces 

for personality disorder. Sec. 598. Program to commemorate 50th anniversary of the Vietnam War. 

Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the 

Armed Forces during and following World War II. 

Subtitle A—Officer Personnel Policy 

SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF 

IMPORTANCE AND RESPONSIBILITY. 

(a) CONTINUATION IN GRADE WHILE AWAITING ORDERS.—Section 

601(b) of title 10, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by redesignating paragraph (4) as paragraph (5); and 

(3) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) at the discretion of the Secretary of Defense, while 

the officer is awaiting orders after being relieved from the 

position designated under subsection (a) or by law to carry 

one of those grades, but not for more than 60 days beginning 

on the day the officer is relieved from the position, unless, 

during such period, the officer is placed under orders to another 

position designated under subsection (a) or by law to carry 

one of those grades, in which case paragraph (2) will also 

apply to the officer; and’’. 

(b) CONFORMING AMENDMENT REGARDING GENERAL AND FLAG

OFFICER CEILINGS.—Section 525(e) of such title is amended by 

striking paragraph (2) and inserting the following new paragraph: 

‘‘(2) 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.’’. 

Deadline. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 95 

SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG 

OFFICERS TO SERVE ON ACTIVE DUTY. 

Section 526(d) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ before ‘‘The limitations’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The limitations of this section also do not apply to a 

number, as specified by the Secretary of the military department 

concerned, of reserve component general or flag officers authorized 

to serve on active duty for a period of not more than 365 days. 

The number so specified for an armed force may not exceed the 

number equal to 10 percent of the authorized number of general 

or flag officers, as the case may be, of that armed force under 

section 12004 of this title. In determining such number, any fraction 

shall be rounded down to the next whole number, except that 

such number shall be at least one.’’. 

SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE 

THRESHOLD FOR DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF FORCE SHAPING AUTHORITY. 

(a) ACTIVE-DUTY LIST OFFICERS.— 

(1) EXTENDED PROBATIONARY PERIOD.—Paragraph (1)(A) of 

section 630 of title 10, United States Code, is amended by 

striking ‘‘five years’’ and inserting ‘‘six years’’. 

(2) SECTION HEADING.—The heading of such section is 

amended by striking ‘‘five years’’ and inserting ‘‘six years’’. 

(3) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of subchapter III 

of chapter 36 of such title is amended to read as follows: 

‘‘630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant 

or lieutenant (junior grade).’’. 

(b) OFFICER FORCE SHAPING AUTHORITY.—Section 647(b)(1) of 

such title is amended by striking ‘‘5 years’’ both places it appears 

and inserting ‘‘six years’’. 

(c) RESERVE OFFICERS.— 

(1) EXTENDED PROBATIONARY PERIOD.—Subsection (a)(1) of 

section 14503 of such title is amended by striking ‘‘five years’’ 

and inserting ‘‘six years’’. 

(2) SECTION HEADING.—The heading of such section is 

amended by striking ‘‘five years’’ and inserting ‘‘six years’’. 

(3) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of chapter 1407 of 

such title is amended to read as follows: 

‘‘14503. Discharge of officers with less than six years of commissioned service or 

found not qualified for promotion to first lieutenant or lieutenant (junior 

grade).’’. 

SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL 

AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY. 

Section 637(b)(3) of title 10, United States Code, is amended 

by striking ‘‘but such period may not (except as provided under 

section 1251(b) of this title) extend beyond the date of the officer’s 

sixty-second birthday’’ and inserting ‘‘except as provided under section 1251 or 1253 of this title’’. 

Deadline. 


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SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR INITIAL APPOINTMENTS OF OFFICERS IN 

CRITICALLY SHORT HEALTH PROFESSIONAL SPECIALTIES. 

Section 651 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(c)(1) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may waive the initial period of 

required service otherwise established pursuant to subsection (a) 

in the case of the initial appointment of a commissioned officer 

in a critically short health professional specialty specified by the 

Secretary for purposes of this subsection. 

‘‘(2) The minimum period of obligated service for an officer 

under a waiver under this subsection shall be the greater of— 

‘‘(A) two years; or 

‘‘(B) in the case of an officer who has accepted an accession 

bonus or executed a contract or agreement for the multiyear 

receipt of special pay for service in the armed forces, the period 

of obligated service specified in such contract or agreement.’’. 

SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE. 

(a) REGULAR ARMY.—Section 3258 of title 10, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘a Reserve officer’’ and inserting ‘‘an 

officer’’; and 

(B) by striking ‘‘a temporary appointment’’ and 

inserting ‘‘an appointment’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘a Reserve officer’’ 

and inserting ‘‘an officer’’; and 

(B) in paragraph (2), by striking ‘‘the Reserve commission’’ and inserting ‘‘the commission’’. 

(b) REGULAR AIR FORCE.—Section 8258 of such title is 

amended— 

(1) in subsection (a)— 

(A) by striking ‘‘a reserve officer’’ and inserting ‘‘an 

officer’’; and 

(B) by striking ‘‘a temporary appointment’’ and 

inserting ‘‘an appointment’’; and 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘a Reserve officer’’ 

and inserting ‘‘an officer’’; and 

(B) in paragraph (2), by striking ‘‘the Reserve commission’’ and inserting ‘‘the commission’’. 

SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT 

PROFESSORS AT THE UNITED STATES MILITARY 

ACADEMY. 

Paragraph (4) of section 4331(b) of title 10, United States 

Code, is amended to read as follows: 

‘‘(4) Twenty-eight permanent professors.’’. 

SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE 

NAVY. 

(a) PROMOTION.— 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 97 

(1) IN GENERAL.—Chapter 603 of title 10, United States 

Code, is amended— 

(A) by redesignating section 6970 as section 6970a; 

and 

(B) by inserting after section 6969 the following new 

section 6970: 

‘‘§ 6970. Permanent professors: promotion 

‘‘(a) PROMOTION.—An officer serving as a permanent professor 

may be recommended for promotion to the grade of captain or 

colonel, as the case may be, under regulations prescribed by the 

Secretary of the Navy. The regulations shall include a competitive 

selection board process to identify those permanent professors best 

qualified for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by 

and with the advice and consent of the Senate. 

‘‘(b) EFFECTIVE DATE OF PROMOTION.—If made, the promotion 

of an officer under subsection (a) shall be effective not earlier 

than three years after the selection of the officer as a permanent 

professor as described in that subsection.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by striking the item 

relating to section 6970 and inserting the following new items: 

‘‘6970. Permanent professors: promotion. 

‘‘6970a. Permanent professors: retirement for years of service; authority for deferral.’’. 

(b) CONFORMING AMENDMENTS.—Section 641(2) of such title 

is amended— 

(1) by striking ‘‘and the registrar’’ and inserting ‘‘, the 

registrar’’; and 

(2) by inserting before the period at the end the following: 

‘‘, and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy)’’. 

(c) COMPETITIVE SELECTION ASSESSMENT.—The Secretary of 

Defense shall conduct an assessment of the effectiveness of the 

promotion system established under section 6970 of title 10, United 

States Code, as added by subsection (a), for permanent professors 

of the United States Naval Academy, including an evaluation of 

the extent to which the implementation of the promotion system 

has resulted in a competitive environment for the selection of 

permanent professors and an evaluation of whether the goals of 

the permanent professor program have been achieved, including 

adequate career progression and promotion opportunities for participating officers. Not later than December 31, 2009, the Secretary 

shall submit to the congressional defense committees a report containing the results of the assessment. 

(d) USE OF EXCLUSIONS FROM AUTHORIZED OFFICER

STRENGTHS.—Not later than March 31, 2008, the Secretary of the 

Navy shall submit to the congressional defense committees a report 

describing the plans of the Secretary for utilization of authorized 

exemptions under section 523(b)(8) of title 10, United States Code, 

and a discussion of the Navy’s requirement, if any, and projections 

for use of additional exemptions by grade. 

Deadline. 

Reports. 

Deadline. 

Reports. 

President. 

Regulations. 


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122 STAT. 98 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle B—Reserve Component 

Management 

SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL 

STATUS IN THE SELECTED RESERVE DUE TO COMBATRELATED 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.’’. 

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. 

Deadline. 


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‘‘(iii) Any health profession performed by officers in the 

Medical Service Corps of the Army or the Navy or by officers 

of the Air Force designated as a medical service officer or 

biomedical sciences officer. 

‘‘(iv) Any health profession performed by officers in the 

Army Medical Specialist Corps. 

‘‘(v) Any health profession performed by officers of the 

Nurse Corps of the Army or the Navy or by officers of the 

Air Force designated as a nurse. 

‘‘(vi) Any health profession performed by officers in the 

Veterinary Corps of the Army or by officers designated as 

a veterinary officer.’’. 

(b) CONFORMING AMENDMENT.—Paragraph (3) of such section 

is amended by striking ‘‘a medical or dental officer’’ and inserting 

‘‘officers covered by paragraph (2)’’. 

SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE 

GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL 

AFTER COMPLETION OF 38 YEARS OF COMMISSIONED 

SERVICE. 

(a) MANDATORY SEPARATION.—Section 14508 of title 10, United 

States Code, is amended— 

(1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEUTENANT GENERALS AND VICE ADMIRALS.—Unless retired, transferred to the 

Retired Reserve, or discharged at an earlier date, each reserve 

officer of the Army, Air Force, or Marine Corps in the grade of 

lieutenant general and each reserve officer of the Navy in the 

grade of vice admiral shall be separated in accordance with section 

14514 of this title on the later of the following: 

‘‘(1) 30 days after completion of 38 years of commissioned 

service. 

‘‘(2) The fifth anniversary of the date of the officer’s appointment in the grade of lieutenant general or vice admiral.’’. 

(b) CLERICAL AMENDMENTS.—Such section is further amended— 

(1) in subsection (a), by inserting ‘‘FOR BRIGADIER GENERALS AND REAR ADMIRALS (LOWER HALF)’’ after ‘‘GRADE’’ in 

the subsection heading; and 

(2) in subsection (b), by inserting ‘‘FOR MAJOR GENERALS

AND REAR ADMIRALS’’ after ‘‘GRADE’’ in the subsection heading. 

SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION 

OF PERSON AS ARMY NATIONAL GUARD OFFICER OR AIR 

NATIONAL GUARD OFFICER. 

Section 308(a) of title 32, United States Code, is amended 

in the last sentence by striking ‘‘six months’’ and inserting ‘‘one 

year’’. 

SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS 

OF DEPLOYMENT IN SUPPORT OF CONTINGENCY OPERATIONS. 

(a) ADVANCE NOTICE REQUIRED.—The Secretary of a military 

department shall ensure that a member of a reserve component 

under the jurisdiction of that Secretary who will be called or ordered 

to active duty for a period of more than 30 days in support of 

10 USC 12301 

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122 STAT. 100 PUBLIC LAW 110–181—JAN. 28, 2008 

a contingency operation (as defined in section 101(a)(13) of title 

10, United States Code) receives notice in advance of the mobilization date. In so far as is practicable, the notice shall be provided 

not less than 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. 

SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND 

CERTIFICATION REQUIREMENTS FOR RESERVE COMPONENT MEMBERS ON LONG-TERM ACTIVE DUTY. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study of the requirements to maintain licensure or certification by members of the National Guard or other reserve components of the Armed Forces while on active duty for an extended 

period of time. 

(b) ELEMENTS OF STUDY.—In the study, the Comptroller General shall— 

(1) identify the number and type of professional or other 

licensure or certification requirements that may be adversely 

impacted by extended periods of active duty; and 

(2) determine mechanisms that would provide relief from 

professional or other licensure or certification requirements 

for members of the reserve components while on active duty 

for an extended period of time. 

(c) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committees on Armed Services of the Senate and House of 

Representative a report containing the results of the study and 

such recommendations as the Comptroller General considers appropriate to provide further relief for members of the reserve components from professional or other licensure or certification requirements while on active duty for an extended period of time. 

Subtitle C—Education and Training 

SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY 

TRAINING OR EDUCATION. 

(a) INCLUSION OF COAST GUARD.—Subsection (a) of section 2007 

of title 10, United States Code, is amended by striking ‘‘Subject 

to subsection (b), the Secretary of a military department’’ and 

inserting ‘‘Subject to subsections (b) and (c), the Secretary concerned’’. 

(b) COMMISSIONED OFFICERS ON ACTIVE DUTY.—Subsection (b) 

of such section is amended— 

(1) in paragraph (1)— 

(A) by inserting after ‘‘commissioned officer on active 

duty’’ the following: ‘‘(other than a member of the Ready 

Reserve)’’; 

Reports. 

Deadline. 


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(B) by striking ‘‘the Secretary of the military department concerned’’ and inserting ‘‘the Secretary concerned’’; 

and 

(C) by striking ‘‘or full-time National Guard duty’’ both 

places it appears; and 

(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘the Secretary of the military department’’ and 

inserting ‘‘the Secretary concerned’’; 

(B) in subparagraph (B), by inserting after ‘‘active duty 

service’’ the following: ‘‘for which the officer was ordered 

to active duty’’; and 

(C) in subparagraph (C), by striking ‘‘Secretary’’ and 

inserting ‘‘Secretary concerned’’. 

(c) AUTHORITY TO PAY TUITION ASSISTANCE TO MEMBERS OF

THE READY RESERVE.— (1) AVAILABILITY OF ASSISTANCE.—Subsection (c) of such 

section is amended to read as follows: 

‘‘(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the 

tuition or expenses described in subsection (a) of a member of 

the Selected Reserve. 

‘‘(2) Subject to paragraphs (4) and (5), the Secretary concerned 

may pay the charges of an educational institution for the tuition 

or expenses described in subsection (a) of a member of the Individual 

Ready Reserve who has a military occupational specialty designated 

by the Secretary concerned for purposes of this subsection. 

‘‘(3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve 

unless the officer enters into an agreement to remain a member 

of the Selected Reserve for at least 4 years after completion of 

the education or training for which the charges are paid. 

‘‘(4) The Secretary concerned may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual 

Ready Reserve unless the officer enters into an agreement to remain 

in the Selected Reserve or Individual Ready Reserve for at least 

4 years after completion of the education or training for which 

the charges are paid. 

‘‘(5) The Secretary of a military department may require an 

enlisted member of the Selected Reserve or Individual Ready 

Reserve to enter into an agreement to serve for up to 4 years 

in the Selected Reserve or Individual Ready Reserve, as the case 

may be, after completion of the education or training for which 

tuition or expenses are paid under paragraph (1) or (2), as 

applicable.’’. 

(2) REPEAL OF SUPERSEDED PROVISION.—Such section is 

further amended— 

(A) by striking subsection (d); and 

(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. 

(3) REPAYMENT OF UNEARNED BENEFIT.—Subsection (e) of 

such section, as redesignated by paragraph (2) of this subsection, is amended— 

(A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) If a member of the Ready Reserve who enters into an 

agreement under subsection (c) does not complete the period of 


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122 STAT. 102 PUBLIC LAW 110–181—JAN. 28, 2008 

service specified in the agreement, the member shall be subject 

to the repayment provisions of section 303a(e) of title 37.’’. 

(d) REGULATIONS.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast 

Guard when it is not operating as a service in the Navy, the 

Secretary of Homeland Security.’’. 

(e) STUDY.— 

(1) STUDY REQUIRED.—The Secretary of Defense shall carry 

out a study on the tuition assistance program carried out under 

section 2007 of title 10, United States Code. The study shall— 

(A) identify the number of members of the Armed 

Forces eligible for assistance under the program, and the 

number who actually receive the assistance; 

(B) assess the extent to which the program affects 

retention rates; and 

(C) assess the extent to which State tuition assistance 

programs affect retention rates in those States. 

(2) REPORT.—Not later than 9 months after the date of 

the enactment of this Act, the Secretary shall submit to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report 

containing the results of the study. 

SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN 

AN ARMY RESERVE OR ARMY NATIONAL GUARD TROOP 

PROGRAM UNIT FOR CERTAIN PERSONS SELECTED AS 

MEDICAL STUDENTS AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. 

Paragraph (3) of section 2107a(b) of title 10, United States 

Code, is amended to read as follows: 

‘‘(3)(A) Subject to subparagraph (C), in the case of a person 

described in subparagraph (B), the Secretary may, at any time 

and with the consent of the person, modify an agreement described 

in paragraph (1)(F) submitted by the person for the purpose of 

reducing or eliminating the troop program unit service obligation 

specified in the agreement and to establish, in lieu of that obligation, 

an active duty service obligation. 

‘‘(B) Subparagraph (A) applies with respect to the following 

persons: 

‘‘(i) A cadet under this section at a military junior college. 

‘‘(ii) A cadet or former cadet under this section who is 

selected under section 2114 of this title to be a medical student 

at the Uniformed Services University of the Health Sciences. 

‘‘(iii) A cadet or former cadet under this section who signs 

an agreement under section 2122 of this title for participation 

in the Armed Forces Health Professions Scholarship and Financial Assistance program. 

‘‘(C) The modification of an agreement described in paragraph 

(1)(F) may be made only if the Secretary determines that it is 

in the best interests of the United States to do so.’’. 


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SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY NATIONAL 

GUARD FINANCIAL ASSISTANCE PROGRAM. 

Section 2107a(h) of title 10, United States Code, is amended 

by striking ‘‘not more than 416 cadets each year under this section, 

to include’’ and inserting ‘‘each year under this section’’. 

SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN 

UNIFORMED MEDICAL ACCESSION PROGRAMS. 

(a) MEDICAL STUDENTS OF USUHS.— 

(1) TREATMENT OF STUDENTS WITH PRIOR ACTIVE SERVICE.— Section 2114 of title 10, United States Code, is amended— 

(A) by redesignating subsections (c) through (h) as 

subsections (d) through (i), respectively; and 

(B) in subsection (b)— 

(i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

(ii) by inserting after the second sentence the following new paragraph: 

‘‘(2) If a member of the uniformed services selected to be a 

student has prior active service in a pay grade and with years 

of service credited for pay that would entitle the member, if the 

member remained in the former grade, to a rate of basic pay 

in excess of the rate of basic pay for regular officers in the grade 

of second lieutenant or ensign, the member shall be paid basic 

pay based on the former grade and years of service credited for 

pay. The amount of such basic pay for the member shall be 

increased on January 1 of each year by the percentage by which 

basic pay is increased on average on that date for that year, and 

the member shall continue to receive basic pay based on the former 

grade and years of service until the date, whether occurring before 

or after graduation, on which the basic pay for the member in 

the member’s actual grade and years of service credited for pay 

exceeds the amount of basic pay to which the member is entitled 

based on the member’s former grade and years of service.’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(A) in subsection (b), by striking ‘‘Upon graduation 

they’’ and inserting the following: 

‘‘(c) Medical students who graduate’’; and 

(B) in subsection (i), as redesignated by paragraph 

(1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection 

(c)’’. 

(b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOLARSHIP AND

FINANCIAL ASSISTANCE PROGRAM.—Section 2121(c) of such title is 

amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) If a member of the uniformed services selected to participate in the program as a medical student has prior active service 

in a pay grade and with years of service credited for pay that 

would entitle the member, if the member remained in the former 

grade, to a rate of basic pay in excess of the rate of basic pay 

for regular officers in the grade of second lieutenant or ensign, 

the member shall be paid basic pay based on the former grade 

and years of service credited for pay. The amount of such basic 

pay for the member shall be increased on January 1 of each year 

by the percentage by which basic pay is increased on average 


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122 STAT. 104 PUBLIC LAW 110–181—JAN. 28, 2008 

on that date for that year, and the member shall continue to 

receive basic pay based on the former grade and years of service 

until the date, whether occurring before or after the conclusion 

of such participation, on which the basic pay for the member in 

the member’s actual grade and years of service credited for pay 

exceeds the amount of basic pay to which the member is entitled 

based on the member’s former grade and years of service.’’. 

(c) OFFICERS DETAILED AS STUDENTS AT MEDICAL SCHOOLS.— (1) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE

SERVICE.—Section 2004a of such title is amended— 

(A) by redesignating subsections (e) through (h) as 

subsections (f) through (i), respectively; and 

(B) by inserting after subsection (d) the following new 

subsection: 

‘‘(e) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE SERVICE.— (1) A commissioned officer detailed as a student at a medical school 

under subsection (a) shall be appointed as a regular officer in 

the grade of second lieutenant or ensign and shall serve on active 

duty in that grade with full pay and allowances of that grade. 

‘‘(2) If an officer detailed to be a medical student has prior 

active service in a pay grade and with years of service credited 

for pay that would entitle the officer, if the officer remained in 

the former grade, to a rate of basic pay in excess of the rate 

of basic pay for regular officers in the grade of second lieutenant 

or ensign, the officer shall be paid basic pay based on the former 

grade and years of service credited for pay. The amount of such 

basic pay for the officer shall be increased on January 1 of each 

year by the percentage by which basic pay is increased on average 

on that date for that year, and the officer shall continue to receive 

basic pay based on the former grade and years of service until 

the date, whether occurring before or after graduation, on which 

the basic pay for the officer in the officer’s actual grade and years 

of service credited for pay exceeds the amount of basic pay to 

which the officer is entitled based on the officer’s former grade 

and years of service.’’. 

(2) TECHNICAL AMENDMENT.—Subsection (c) of such section 

is amended by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b)’’. 

SEC. 525. REPEAL OF POST-2007–2008 ACADEMIC YEAR PROHIBITION 

ON PHASED INCREASE IN CADET STRENGTH LIMIT AT 

THE UNITED STATES MILITARY ACADEMY. 

Section 4342(j)(1) of title 10, United States Code, is amended 

by striking the last sentence. 

SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER’S DEGREE PROGRAMS. 

(a) MASTER OF ARTS PROGRAM AUTHORIZED.—Section 2163 of 

title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘or master of arts’’ after 

‘‘master of science’’; and 

(2) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY STUDIES.— 

The degree of master of arts in strategic security studies, to 

graduates of the University who fulfill the requirements of 

the program at the School for National Security Executive 

Education.’’. 


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(b) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2163. National Defense University: master’s degree programs’’. 

(2) TABLE OF CONTENTS.—The table of sections at the beginning of chapter 108 of such title is amended by striking the 

item relating to section 2163 and inserting the following new 

item: 

‘‘2163. National Defense University: master’s degree programs.’’. 

(c) APPLICABILITY TO 2006–2007 GRADUATES.—Paragraph (4) 

of section 2163(b) of title 10, United States Code, as added by 

subsection (a) of this section, applies with respect to any person 

who becomes a graduate of the National Defense University on 

or after September 6, 2006, and fulfills the requirements of the 

program referred to in such paragraph (4). 

SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE 

OF MASTER OF SCIENCE IN FLIGHT TEST ENGINEERING. 

Section 9317(a) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) The degree of master of science in flight test 

engineering upon graduates of the Air Force Test Pilot School 

who fulfill the requirements for that degree in a manner consistent with the recommendations of the Department of Education and the principles of the regional accrediting body for 

the Air University.’’. 

SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN 

MEMBERS OF RESERVE COMPONENTS. 

(a) ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE FOR

MEMBERS OF THE SELECTED RESERVE.— (1) IN GENERAL.—Chapter 1606 of title 10, United States 

Code, is amended by inserting after section 16131 the following 

new section: 

‘‘§ 16131a. Accelerated payment of educational assistance 

‘‘(a) The educational assistance allowance payable under section 

16131 of this title with respect to an eligible person described 

in subsection (b) may, upon the election of such eligible person, 

be paid on an accelerated basis in accordance with this section. 

‘‘(b) An eligible person described in this subsection is a person 

entitled to educational assistance under this chapter who is— 

‘‘(1) enrolled in an approved program of education not 

exceeding two years in duration and not leading to an associate, 

bachelors, masters, or other degree, subject to subsection (g); 

and 

‘‘(2) charged tuition and fees for the program of education 

that, when divided by the number of months (and fractions 

thereof) in the enrollment period, exceeds the amount equal 

to 200 percent of the monthly rate of educational assistance 

allowance otherwise payable with respect to the person under 

section 16131 of this title. 

10 USC 2163 

note. 


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‘‘(c)(1) The amount of the accelerated payment of educational 

assistance payable with respect to an eligible person making an 

election under subsection (a) for a program of education shall be 

the lesser of— 

‘‘(A) the amount equal to 60 percent of the established 

charges for the program of education; or 

‘‘(B) the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter 

at the time of the payment. 

‘‘(2)(A) In this subsection, except as provided in subparagraph 

(B), the term ‘established charges’, in the case of a program of 

education, means the actual charges (as determined pursuant to 

regulations prescribed by the Secretary of Veterans Affairs) for 

tuition and fees which similarly circumstanced individuals who 

are not eligible for benefits under this chapter and who are enrolled 

in the program of education would be required to pay. Established 

charges shall be determined on the following basis: 

‘‘(i) In the case of an individual enrolled in a program 

of education offered on a term, quarter, or semester basis, 

the tuition and fees charged the individual for the term, 

quarter, or semester. 

‘‘(ii) In the case of an individual enrolled in a program 

of education not offered on a term, quarter, or semester basis, 

the tuition and fees charged the individual for the entire program of education. 

‘‘(B) In this subsection, the term ‘established charges’ does 

not include any fees or payments attributable to the purchase 

of a vehicle. 

‘‘(3) The educational institution providing the program of education for which an accelerated payment of educational assistance 

allowance is elected by an eligible person under subsection (a) 

shall certify to the Secretary of Veterans Affairs the amount of 

the established charges for the program of education. 

‘‘(d) An accelerated payment of educational assistance allowance 

made with respect to an eligible person under this section for 

a program of education shall be made not later than the last 

day of the month immediately following the month in which the 

Secretary of Veterans Affairs receives a certification from the educational institution regarding— 

‘‘(1) the person’s enrollment in and pursuit of the program 

of education; and 

‘‘(2) the amount of the established charges for the program 

of education. 

‘‘(e)(1) Except as provided in paragraph (2), for each accelerated 

payment of educational assistance allowance made with respect 

to an eligible person under this section, the person’s entitlement 

to educational assistance under this chapter shall be charged the 

number of months (and any fraction thereof) determined by dividing 

the amount of the accelerated payment by the full-time monthly 

rate of educational assistance allowance otherwise payable with 

respect to the person under section 16131 of this title as of the 

beginning date of the enrollment period for the program of education 

for which the accelerated payment is made. 

‘‘(2) If the monthly rate of educational assistance allowance 

otherwise payable with respect to an eligible person under section 

16131 of this title increases during the enrollment period of a 


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program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge 

to the person’s entitlement to educational assistance under this 

chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the 

periods covered by the initial rate and increased rate, respectively, 

in accordance with regulations prescribed by the Secretary of Veterans Affairs. 

‘‘(f) The Secretary of Veterans Affairs shall prescribe regulations 

to carry out this section. The regulations shall include requirements, 

conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations 

prescribed under section 3014A of title 38 as the Secretary of 

Veterans Affairs considers appropriate for purposes of this section. 

‘‘(g) The aggregate amount of educational assistance payable 

under this section in any fiscal year for enrollments covered by 

subsection (b)(1) may not exceed $4,000,000.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1606 of such title is amended by inserting 

after the item relating to section 16131 the following new 

item: 

‘‘16131a. Accelerated payment of educational assistance.’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2008, and shall only 

apply to initial enrollments in approved programs of education 

after such date. 

(b) ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE FOR

RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND OTHER OPERATIONS.— 

(1) IN GENERAL.—Chapter 1607 of title 10, United States 

Code, is amended by inserting after section 16162 the following 

new section: 

‘‘§ 16162a. Accelerated payment of educational assistance 

‘‘(a) PAYMENT ON ACCELERATED BASIS.—The educational assistance allowance payable under section 16162 of this title with respect 

to an eligible member described in subsection (b) may, upon the 

election of such eligible member, be paid on an accelerated basis 

in accordance with this section. 

‘‘(b) ELIGIBLE MEMBERS.—An eligible member described in this 

subsection is a member of a reserve component entitled to educational assistance under this chapter who is— 

‘‘(1) enrolled in an approved program of education not 

exceeding two years in duration and not leading to an associate, 

bachelors, masters, or other degree, subject to subsection (g); 

and 

‘‘(2) charged tuition and fees for the program of education 

that, when divided by the number of months (and fractions 

thereof) in the enrollment period, exceeds the amount equal 

to 200 percent of the monthly rate of educational assistance 

allowance otherwise payable with respect to the member under 

section 16162 of this title. 

‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The amount of 

the accelerated payment of educational assistance payable with 

10 USC 16131a 

note. 

Regulations. 


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respect to an eligible member making an election under subsection 

(a) for a program of education shall be the lesser of— 

‘‘(A) the amount equal to 60 percent of the established 

charges for the program of education; or 

‘‘(B) the aggregate amount of educational assistance allowance to which the member remains entitled under this chapter 

at the time of the payment. 

‘‘(2)(A) In this subsection, except as provided in subparagraph 

(B), the term ‘established charges’, in the case of a program of 

education, means the actual charges (as determined pursuant to 

regulations prescribed by the Secretary of Veterans Affairs) for 

tuition and fees which similarly circumstanced individuals who 

are not eligible for benefits under this chapter and who are enrolled 

in the program of education would be required to pay. Established 

charges shall be determined on the following basis: 

‘‘(i) In the case of an individual enrolled in a program 

of education offered on a term, quarter, or semester basis, 

the tuition and fees charged the individual for the term, 

quarter, or semester. 

‘‘(ii) In the case of an individual enrolled in a program 

of education not offered on a term, quarter, or semester basis, 

the tuition and fees charged the individual for the entire program of education. 

‘‘(B) In this subsection, the term ‘established charges’ does 

not include any fees or payments attributable to the purchase 

of a vehicle. 

‘‘(3) The educational institution providing the program of education for which an accelerated payment of educational assistance 

allowance is elected by an eligible member under subsection (a) 

shall certify to the Secretary of Veterans Affairs the amount of 

the established charges for the program of education. 

‘‘(d) TIME OF PAYMENT.—An accelerated payment of educational 

assistance allowance made with respect to an eligible member under 

this section for a program of education shall be made not later 

than the last day of the month immediately following the month 

in which the Secretary of Veterans Affairs receives a certification 

from the educational institution regarding— 

‘‘(1) the member’s enrollment in and pursuit of the program 

of education; and 

‘‘(2) the amount of the established charges for the program 

of education. 

‘‘(e) CHARGE AGAINST ENTITLEMENT.—(1) Except as provided 

in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible member under 

this section, the member’s entitlement to educational assistance 

under this chapter shall be charged the number of months (and 

any fraction thereof) determined by dividing the amount of the 

accelerated payment by the full-time monthly rate of educational 

assistance allowance otherwise payable with respect to the member 

under section 16162 of this title as of the beginning date of the 

enrollment period for the program of education for which the accelerated payment is made. 

‘‘(2) If the monthly rate of educational assistance allowance 

otherwise payable with respect to an eligible member under section 

16162 of this title increases during the enrollment period of a 

program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge 


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to the member’s entitlement to educational assistance under this 

chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the 

periods covered by the initial rate and increased rate, respectively, 

in accordance with regulations prescribed by the Secretary of Veterans Affairs. 

‘‘(f) REGULATIONS.—The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall 

include requirements, conditions, and methods for the request, 

issuance, delivery, certification of receipt and use, and recovery 

of overpayment of an accelerated payment of educational assistance 

allowance under this section. The regulations may include such 

elements of the regulations prescribed under section 3014A of title 

38 as the Secretary of Veterans Affairs considers appropriate for 

purposes of this section. 

‘‘(g) LIMITATION.—The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments 

covered by subsection (b)(1) may not exceed $3,000,000.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1607 of such title is amended by inserting 

after the item relating to section 16162 the following new 

item: 

‘‘16162a. Accelerated payment of educational assistance.’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2008, and shall only 

apply to initial enrollments in approved programs of education 

after such date. 

(c) ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR RESERVE

COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND

OTHER OPERATIONS.— 

(1) ASSISTANCE FOR THREE YEARS CUMULATIVE SERVICE.— 

Subsection (c)(4)(C) of section 16162 of title 10, United States 

Code, is amended by striking ‘‘for two continuous years or 

more.’’ and inserting ‘‘for— 

‘‘(i) two continuous years or more; or 

‘‘(ii) an aggregate of three years or more.’’. 

(2) CONTRIBUTIONS FOR INCREASED AMOUNT OF EDUCATIONAL ASSISTANCE.—Such section is further amended by 

adding at the end the following new subsection: 

‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT OF EDUCATIONAL

ASSISTANCE.—(1)(A) Any individual eligible for educational assistance under this section may contribute amounts for purposes of 

receiving an increased amount of educational assistance as provided 

for in paragraph (2). 

‘‘(B) An individual covered by subparagraph (A) may make 

the contributions authorized by that subparagraph at any time 

while a member of a reserve component, but not more frequently 

than monthly. 

‘‘(C) The total amount of the contributions made by an individual under subparagraph (A) may not exceed $600. Such contributions shall be made in multiples of $20. 

‘‘(D) Contributions under this subsection shall be made to the 

Secretary concerned. Such Secretary shall deposit any amounts 

received as contributions under this subsection into the Treasury 

as miscellaneous receipts. 

10 USC 16162a 

note. 


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‘‘(2) Effective as of the first day of the enrollment period following the enrollment period in which an individual makes contributions under paragraph (1), the monthly amount of educational 

assistance allowance applicable to such individual under this section 

shall be the monthly rate otherwise provided for under subsection 

(c) increased by— 

‘‘(A) an amount equal to $5 for each $20 contributed by 

such individual under paragraph (1) for an approved program 

of education pursued on a full-time basis; or 

‘‘(B) an appropriately reduced amount based on the amount 

so contributed as determined under regulations that the Secretary of Veterans Affairs shall prescribe, for an approved 

program of education pursued on less than a full-time basis.’’. 

SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL 

ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED 

RESERVE AFFECTED BY FORCE SHAPING INITIATIVES. 

Section 16133(b)(1)(B) of title 10, United States Code, is 

amended by inserting ‘‘or the period beginning on October 1, 2007, 

and ending on September 30, 2014,’’ after ‘‘December 31, 2001,’’. 

SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT 

FOR CERTAIN MEMBERS OF RESERVE COMPONENTS AND 

RESUMPTION OF BENEFIT. 

(a) MODIFICATION OF TIME LIMIT FOR USE OF BENEFIT.— 

(1) MODIFICATION.—Section 16164(a) of title 10, United 

States Code, is amended by striking ‘‘this chapter while 

serving—’’ and all that follows and inserting ‘‘this chapter— 

‘‘(1) while the member is serving— 

‘‘(A) in the Selected Reserve of the Ready Reserve, 

in the case of a member called or ordered to active service 

while serving in the Selected Reserve; or 

‘‘(B) in the Ready Reserve, in the case of a member 

ordered to active duty while serving in the Ready Reserve 

(other than the Selected Reserve); and 

‘‘(2) in the case of a person who separates from the Selected 

Reserve of the Ready Reserve after completion of a period 

of active service described in section 16163 of this title and 

completion of a service contract under other than dishonorable 

conditions, during the 10-year period beginning on the date 

on which the person separates from the Selected Reserve.’’. 

(2) CONFORMING AMENDMENT.—Paragraph (2) of section 

16165(a) of such title is amended to read as follows: 

‘‘(2) when the member separates from the Ready Reserve 

as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this 

title, as applicable.’’. 

(b) RECLAIMING BENEFIT FOR MEMBERS REENTERING SERVICE.— 

Section 16165(b) of such title is amended by striking ‘‘of not more 

than 90 days’’ after ‘‘who incurs a break in service in the Selected 

Reserve’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of October 28, 2004, as if included in the 

enactment of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Public Law 108–375), to which such 

amendments relate. 

10 USC 16164 

note. 

Regulations. 

Effective date. 


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SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY 

OF THE DEGREE-GRANTING AUTHORITIES OF CERTAIN 

MILITARY UNIVERSITIES AND EDUCATIONAL INSTITUTIONS. 

(a) EVALUATION REQUIRED.—The Secretary of Defense shall 

carry out an evaluation of the degree-granting authorities provided 

by title 10, United States Code, to the academic institutions specified in subsection (b). The evaluation shall assess whether the 

current process, under which each degree conferred by each institution must have a statutory authorization, remains adequate, appropriate, and responsive enough to meet emerging military service 

education requirements. 

(b) SPECIFIED INSTITUTIONS.—The academic institutions covered 

by subsection (a) are the following: 

(1) The National Defense University. 

(2) The Army War College and the United States Army 

Command and General Staff College. 

(3) The United States Naval War College. 

(4) The United States Naval Postgraduate School. 

(5) Air University and the United States Air Force Institute 

of Technology. 

(6) The Marine Corps University. 

(c) REPORT.—Not later than April 1, 2008, the Secretary shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the evaluation. The report shall include the results 

of the evaluation and any recommendations for changes to policy 

or law that the Secretary considers appropriate. 

SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND 

RESERVE SENIOR RESERVE OFFICERS’ TRAINING CORPS 

FINANCIAL ASSISTANCE PROGRAM. 

(a) REPORT REQUIRED.—Not later than 150 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the success of the financial 

assistance program of the Senior Reserve Officers’ Training Corps 

under section 2107a of title 10, United States Code, in securing 

the appointment of second lieutenants in the Army Reserve and 

Army National Guard. The report shall include detailed information 

on the appointment of cadets under the financial assistance program 

who are enrolled in an educational institution described in subsection (b) and address the efforts of the Secretary to increase 

awareness of the availability and advantages of appointment in 

the Senior Reserve Officers’ Training Corps at these institutions 

and to increase the number of cadets at these institutions. 

(b) COVERED EDUCATIONAL INSTITUTIONS.—The educational 

institutions referred to in subsection (a) are the following: 

(1) An historically Black college or university that is a 

part B institution, as defined in section 322(2) of the Higher 

Education Act of 1965 (20 U.S.C. 1061(2)). 

(2) A minority institution, as defined in section 365(3) 

of that Act (20 U.S.C. 1067k(3)). 

(3) An Hispanic-serving institution, as defined in section 

502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)). 


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SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE ARMED FORCES. 

(a) REPORTS REQUIRED.—Not later than April 1, 2008, the 

Secretary of each military department shall submit to the congressional defense committees a report on the utilization of tuition 

assistance by members of the Armed Forces, whether in the regular 

components of the Armed Forces or the reserve components of 

the Armed Forces, under the jurisdiction of such military department during fiscal year 2007. 

(b) ELEMENTS.—The report with respect to a military department under subsection (a) shall include the following: 

(1) Information on the policies of such military department 

for fiscal year 2007 regarding utilization of, and limits on, 

tuition assistance by members of the Armed Forces under the 

jurisdiction of such military department, including an estimate 

of the number of members of the reserve components of the 

Armed Forces under the jurisdiction of such military department whose requests for tuition assistance during that fiscal 

year were unfunded. 

(2) Information on the policies of such military department 

for fiscal year 2007 regarding funding of tuition assistance 

for each of the regular components of the Armed Forces and 

each of the reserve components of the Armed Forces under 

the jurisdiction of such military department. 

SEC. 534. NAVY JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNIT 

FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH 

SCHOOLS. 

For purposes of meeting the requirements of section 2031(b) 

of title 10, United States Code, the Secretary of the Navy may 

and, to the extent the schools request, shall treat any two or 

more of the following schools (all in Southold, Suffolk County, 

New York) as a single institution: 

(1) Southold High School. 

(2) Mattituck High School. 

(3) Greenport High School. 

SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN 

EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS 

OF THE RESERVE COMPONENTS. 

(a) REPORT REQUIRED.—Not later than September 1, 2008, the 

Secretary of Defense, in cooperation with the Secretary of Veterans 

Affairs, shall submit to the congressional defense committees and 

the Committees on Veterans Affairs of the Senate and House of 

Representatives a report on the feasibility and merits of transferring 

the administration of the educational assistance programs for members of the reserve components contained in chapters 1606 and 

1607 of title 10, United States Code, from the Department of 

Defense to the Department of Veterans Affairs. 

(b) ELEMENTS OF REPORT.—The report shall specifically address 

the following: 

(1) A discussion of the history and purpose of the educational assistance benefits under chapters 1606 and 1607 of 

title 10, United States Code, and the data most recently available, as of the date of the enactment of this Act, relating 

to the cost of providing such benefits and the projected costs 

New York. 


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of providing such benefits over the ten-year period beginning 

on the such date. 

(2) The effect of a transfer of administrative jurisdiction 

on the delivery of educational assistance benefits to members 

of the reserve components. 

(3) The effect of a transfer of administrative jurisdiction 

on Department of Defense efforts relating to recruiting, retention, and compensation, including bonuses, special pays, and 

incentive pays. 

(4) The extent to which educational assistance benefits 

influence the decision of a person to join a reserve component. 

(5) The extent to which the educational assistance benefits 

available under chapter 1606 of title 10, United States Code, 

affect retention rates, including statistics showing how many 

members remain in the reserve components in order to continue 

to receive education benefits under such chapter. 

(6) The extent to which the educational assistance benefits 

available under chapter 1607 of title 10, United States Code, 

affect retention rates, including statistics showing how many 

members remain in the reserve components in order to continue 

to receive education benefits under such chapter. 

(7) The practical and budgetary issues involved in a 

transfer of administrative jurisdiction, including a discussion 

of the cost of equating the educational assistance benefits for 

members of the active and reserve components. 

(8) Any recommendations of the Secretary for legislation 

to enhance or improve the delivery of educational assistance 

benefits for members of the reserve components. 

(9) The feasibility and likely effects of transferring the 

administration of the educational assistance programs for members of the reserve components contained in chapters 1606 

and 1607 of title 10, United States Code, from the Department 

of Defense to the Department of Veterans Affairs through the 

recodification of such chapters in title 38, United States Code, 

as proposed in section 525 of H.R. 1585 of the 110th Congress, 

as passed by the House of Representatives, together with any 

recommendations of the Secretary for improving that section. 

(10) A discussion of the effects and impact of the amendments to chapter 1607 of title 10, United States Code, made 

by section 530 of this Act, relating to the extension of the 

time limit for the use of educational assistance benefits under 

that chapter. 

(c) REVIEWS OF REPORT.—Before submission of the report to 

Congress, the Secretary of Defense shall secure the review of the 

report by the Defense Business Board, in cooperation with the 

Reserve Forces Policy Board. The Secretary of Veterans Affairs 

shall secure the review of the report by the Veterans Affairs 

Advisory Committee on Education. The results of such reviews 

shall be included as an appendix to the report. 

(d) COMPTROLLER GENERAL REVIEW.—Not later than November 

1, 2008, the Comptroller General shall submit to the congressional 

committees referred to in subsection (a) an assessment of the report, 

including a review of the costs inherent in the transfer of administrative jurisdiction and the recruiting and retention data and other 

assumptions used by the Secretary of Defense in preparing the 

report. As part of the assessment, the Comptroller General shall 

Deadline. 

Assessment. 


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solicit responses from the Secretary of Defense and the Secretary 

of Veterans Affairs. 

Subtitle D—Military Justice and Legal 

Assistance Matters 

SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE 

FEDERAL GOVERNMENT AND DEPENDENTS OF 

DECEASED MEMBERS AS ELIGIBLE FOR LEGAL ASSISTANCE FROM DEPARTMENT OF DEFENSE LEGAL STAFF 

RESOURCES. 

Section 1044(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(6) Survivors of a deceased member or former member 

described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the 

death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned. 

‘‘(7) Civilian employees of the Federal Government serving 

in locations where legal assistance from non-military legal 

assistance providers is not reasonably available, except that 

the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.’’. 

SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT 

OF APPEALS FOR THE ARMED FORCES TO ADMINISTER 

OATHS. 

Section 936 of title 10, United States Code (article 136 of 

the Uniform Code of Military Justice), is amended by adding at 

the end the following new subsection: 

‘‘(c) The judges of the United States Court of Appeals for 

the Armed Forces may administer the oaths authorized by subsections (a) and (b).’’. 

SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF 

THE JUDGE ADVOCATE GENERALS’ CORPS. 

(a) DEPARTMENT OF THE ARMY.— 

(1) GRADE OF JUDGE ADVOCATE GENERAL.—Subsection (a) 

of section 3037 of title 10, United States Code, is amended 

by striking the third sentence and inserting the following new 

sentence: ‘‘The Judge Advocate General, while so serving, has 

the grade of lieutenant general.’’. 

(2) REDESIGNATION OF ASSISTANT JUDGE ADVOCATE GENERAL

AS DEPUTY JUDGE ADVOCATE GENERAL.—Such section is further 

amended— 

(A) in subsection (a), by striking ‘‘Assistant Judge 

Advocate General’’ each place it appears and inserting 

‘‘Deputy Judge Advocate General’’; and 

(B) in subsection (d), by striking ‘‘Assistant Judge 

Advocate General’’ and inserting ‘‘Deputy Judge Advocate 

General’’. 

(3) CLERICAL AMENDMENTS.—(A) The heading of such section is amended to read as follows: 


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‘‘§ 3037. Judge Advocate General, Deputy Judge Advocate 

General, and general officers of Judge Advocate 

General’s Corps: appointment; duties’’. 

(B) The table of sections at the beginning of chapter 305 

of such title is amended by striking the item relating to section 

3037 and inserting the following new item: 

‘‘3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General’s Corps: appointment; duties.’’. 

(b) GRADE OF JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b) of such title is amended by striking the last sentence 

and inserting the following new sentence: ‘‘The Judge Advocate 

General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.’’. 

(c) GRADE OF JUDGE ADVOCATE GENERAL OF THE AIR FORCE.— 

Section 8037(a) of such title is amended by striking the last sentence 

and inserting the following new sentence: ‘‘The Judge Advocate 

General, while so serving, has the grade of lieutenant general.’’. 

(d) INCREASE IN NUMBER OF OFFICERS SERVING IN GRADES

ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 525(b) of 

such title is amended in paragraphs (1) and (2)(A) by striking 

‘‘15.7 percent’’ each place it appears and inserting ‘‘16.3 percent’’. 

(e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT CHIEFS OF

STAFF.— 

(1) IN GENERAL.—Chapter 5 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 156. Legal Counsel to the Chairman of the Joint Chiefs 

of Staff 

‘‘(a) IN GENERAL.—There is a Legal Counsel to the Chairman 

of the Joint Chiefs of Staff. 

‘‘(b) SELECTION FOR APPOINTMENT.—Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint 

Chiefs of Staff shall be recommended by a board of officers convened 

by the Secretary of Defense that, insofar as practicable, is subject 

to the procedures applicable to selection boards convened under 

chapter 36 of this title. 

‘‘(c) GRADE.—An officer appointed to serve as Legal Counsel 

to the Chairman of the Joint Chiefs of Staff shall, while so serving, 

hold the grade of brigadier general or rear admiral (lower half). 

‘‘(d) DUTIES.—The Legal Counsel of the Chairman of the Joint 

Chiefs of Staff shall perform such legal duties in support of the 

responsibilities of the Chairman of the Joint Chiefs of Staff as 

the Chairman may prescribe.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 5 of such title is amended by adding 

at the end the following new item: 

‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff’’. 

(f) STRATEGIC PLAN TO LINK GENERAL AND FLAG OFFICER NUM- BERS, ASSIGNMENTS, AND DEVELOPMENT TO THE MISSIONS AND

REQUIREMENTS OF THE DEPARTMENT OF DEFENSE.— 

(1) STRATEGIC PLAN REQUIRED.—The Secretary of Defense 

shall develop a strategic plan linking the missions and requirements of the Department of Defense for general and flag officers 

to the statutory limits on the numbers of general and flag 

Regulations. 


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officers, and current assignment, promotion, and joint officer 

development policies for general and flag officers. 

(2) ADVICE OF CHAIRMAN OF JOINT CHIEFS OF STAFF.— 

The Secretary shall develop the strategic plan required under 

paragraph (1) with the advice of the Chairman of the Joint 

Chiefs of Staff. 

(3) MATTERS TO BE INCLUDED.—The strategic plan required 

under paragraph (1) shall include the following: 

(A) A description of the process for identification of 

the present and emerging requirements for general and 

flag officers and recommendations for meeting these 

requirements. 

(B) Identification of the numbers of general and flag 

officers by service, grade, and qualifications currently available compared with the numbers needed to meet existing 

statutory requirements in support of the overall missions 

of the Department of Defense. 

(C) An assessment of the problems or issues (and proposed solutions for any such problems or issues) arising 

from existing numerical limitations on the number and 

grade distribution of active and reserve component general 

and flag officers under sections 525, 526, and 12004 of 

title 10, United States Code. 

(D) A discussion of how wartime requirements for additional general or flag officers have been addressed in support of Operation Enduring Freedom and Operation Iraqi 

Freedom, including the usage of wartime or national emergency authorities. 

(E) An assessment of any problems or issues (and 

proposed solutions for any such problems or issues) arising 

from existing statutory provisions regarding general and 

flag officer assignments and grade requirements and the 

need, if any, for revision of provisions in title 10, United 

States Code, specific to individual general and flag officer 

positions along with recommendations to mitigate the need 

for routine legislative intervention as positions change to 

support organizational demands. 

(F) An assessment of the use currently being made 

of reserve component flag and general officers and discussion of barriers to the qualification, selection, and assignment of National Guard and Reserve officers for the 

broadest possible range of positions of importance and 

responsibility. 

(4) DEADLINE FOR SUBMISSION.—The Secretary shall submit 

the plan required under paragraph (1) to the Committees on 

Armed Services of the Senate and the House of Representatives 

not later than March 1, 2009. 

SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES 

PARTICIPATING IN CRIMINAL STREET GANGS. 

The Secretary of Defense shall prescribe regulations to prohibit 

the active participation by members of the Armed Forces in a 

criminal street gang. 

Regulations. 

10 USC note 

prec. 651. 


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Subtitle E—Military Leave 

SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR MEMBERS OF THE ARMED FORCES. 

(a) TEMPORARY INCREASE IN ACCUMULATED LEAVE CARRYOVER

AMOUNT.—Section 701 of title 10, United States Code, is amended— 

(1) in subsection (b), by striking ‘‘subsection (f) and subsection (g)’’ and inserting ‘‘subsections (d), (f), and (g)’’; and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) Notwithstanding subsection (b), during the period beginning on October 1, 2008, through December 31, 2010, a member 

may accumulate up to 75 days of leave.’’. 

(b) CONFORMING AMENDMENTS RELATED TO HIGH DEPLOYMENT

MEMBERS.—Subsection (f) of such section is amended— 

(1) in paragraph (1)(A), by striking ‘‘any accumulated leave 

in excess of 60 days at the end of the fiscal year’’ and inserting 

‘‘at the end of the fiscal year any accumulated leave in excess 

of the number of days of leave authorized to be accumulated 

under subsection (b) or (d)’’; 

(2) in paragraph (1)(C)— 

(A) by striking ‘‘60 days’’ and inserting ‘‘the days of 

leave authorized to be accumulated under subsection (b) 

or (d) that are’’; and 

(B) by inserting ‘‘(or fourth fiscal year, if accumulated 

while subsection (d) is in effect)’’ after ‘‘third fiscal year’’; 

and 

(3) in paragraph (2), by striking ‘‘except for this paragraph—’’ and all that follows through the end of the paragraph 

and inserting ‘‘except for this paragraph, would lose at the 

end of that fiscal year any accumulated leave in excess of 

the number of days of leave authorized to be accumulated 

under subsection (b) or (d), shall be permitted to retain such 

leave until the end of the second fiscal year after the fiscal 

year in which such service on active duty is terminated.’’. 

(c) CONFORMING AMENDMENT RELATED TO MEMBERS IN MISSING

STATUS.—Subsection (g) of such section is amended by striking 

‘‘60-day limitation in subsection (b) and the 90-day limitation in 

subsection (f)’’ and inserting ‘‘limitations in subsections (b), (d), 

and (f)’’. 

(d) PAY.—Section 501(b) of title 37, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(6) An enlisted member of the armed forces who would lose 

accumulated leave in excess of 120 days of leave under section 

701(f)(1) of title 10 may elect to be paid in cash or by a check 

on the Treasurer of the United States for any leave in excess 

so accumulated for up to 30 days of such leave. A member may 

make an election under this paragraph only once.’’. 

SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE. 

Section 705(b)(2) of title 10, United States Code, is amended 

by inserting ‘‘for members whose qualifying tour of duty is 12 

months or less, or for not more than 20 days for members whose 

qualifying tour of duty is longer than 12 months,’’ after ‘‘for not 

more than 15 days’’. 


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Subtitle F—Decorations and Awards 

SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO LESLIE H. SABO, JR., FOR ACTS OF VALOR 

DURING THE VIETNAM WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 

3741 of such title to Leslie H. Sabo, Jr., for the acts of valor 

during the Vietnam War described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Leslie H. Sabo, Jr., on 

May 10, 1970, as a member of the United States Army serving 

in the grade of Specialist Four in the Republic of Vietnam with 

Company B of the 3d Battalion, 506th Infantry Regiment, 101st 

Airborne Division. 

SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO HENRY SVEHLA FOR ACTS OF VALOR DURING 

THE KOREAN WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 

3741 of such title to Henry Svehla for the acts of valor described 

in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Henry Svehla on June 12, 

1952, as a member of the United States Army serving in the 

grade of Private First Class in Korea with Company F of the 

32d Infantry Regiment, 7th Infantry Division. 

SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO WOODROW W. KEEBLE FOR ACTS OF VALOR 

DURING THE KOREAN WAR. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitation with respect to the awarding of certain 

medals to persons who served in the Armed Forces, the President 

is authorized and requested to award the Medal of Honor under 

section 3741 of such title to Woodrow W. Keeble for the acts of 

valor described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Woodrow W. Keeble of the 

United States Army as an acting platoon leader on October 20, 

1950, during the Korean War. 

SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO PRIVATE PHILIP G. SHADRACH FOR ACTS OF 

VALOR AS ONE OF ANDREWS’ RAIDERS DURING THE 

CIVIL WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

President. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 119 

to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 

3741 of such title posthumously to Private Philip G. Shadrach 

of Company K, 2nd Ohio Volunteer Infantry Regiment for the 

acts of valor described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Philip G. Shadrach as one 

of Andrews’ Raiders during the Civil War on April 12, 1862. 

SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO PRIVATE GEORGE D. WILSON FOR ACTS OF 

VALOR AS ONE OF ANDREWS’ RAIDERS DURING THE 

CIVIL WAR. 

(a) AUTHORIZATION.—The President is authorized and requested 

to award the Medal of Honor under section 3741 of title 10, United 

States Code, posthumously to Private George D. Wilson of Company 

B, 2nd Ohio Volunteer Infantry Regiment for the acts of valor 

described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of George D. Wilson as one 

of Andrews’ Raiders during the Civil War on April 12, 1862. 

Subtitle G—Impact Aid and Defense 

Dependents Education System 

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT 

OF DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (a) of section 572 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3271; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.—Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defensewide activities, $10,000,000 shall be available only for the purpose 

of providing assistance to local educational agencies under subsection (b) of such section 572. 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 

of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 (as enacted into law by Public Law 106–398; 

114 Stat. 1654A–77; 20 U.S.C. 7703a). 


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SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF 

DEFENSE EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN RELATING TO FORCE STRUCTURE 

CHANGES, RELOCATION OF MILITARY UNITS, OR BASE 

CLOSURES AND REALIGNMENTS. 

Section 574(e)(3) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2227; 20 U.S.C. 7703b note) is amended— 

(1) in subparagraph (A), by striking ‘‘and’’ at the end; 

(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(C) elementary and secondary school students who 

are dependents of personnel who are not members of the 

Armed Forces or civilian employees of the Department 

of Defense but who are employed on Federal property.’’. 

SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR 

MILITARY DEPENDENTS IN OVERSEAS AREAS NOT 

SERVED BY DEFENSE DEPENDENTS’ EDUCATION SYSTEM 

SCHOOLS. 

Section 1407(b)(1) of the Defense Dependents’ Education Act 

of 1978 (20 U.S.C. 926(b)(1)) is amended by inserting after the 

first sentence the following new sentence: ‘‘Schools to which tuition 

may be paid under this subsection may include private boarding 

schools in the United States.’’. 

Subtitle H—Military Families 

SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS 

COUNCIL AND POLICY AND PLANS FOR MILITARY FAMILY 

READINESS. 

(a) IN GENERAL.—Subchapter I of chapter 88 of title 10, United 

States Code, is amended by inserting after section 1781 the following new sections: 

‘‘§ 1781a. Department of Defense Military Family Readiness 

Council 

‘‘(a) IN GENERAL.—There is in the Department of Defense the 

Department of Defense Military Family Readiness Council (in this 

section referred to as the ‘Council’). 

‘‘(b) MEMBERS.—(1) The Council shall consist of the following 

members: 

‘‘(A) The Under Secretary of Defense for Personnel and 

Readiness, who shall serve as chair of the Council. 

‘‘(B) One representative of each of the Army, Navy, Marine 

Corps, and Air Force, who shall be appointed by the Secretary 

of Defense. 

‘‘(C) Three individuals appointed by the Secretary of 

Defense from among representatives of military family 

organizations, including military family organizations of families of members of the regular components and of families 

of members of the reserve components. 

‘‘(D) In addition to the representatives appointed under 

subparagraph (B), the senior enlisted advisors of the Army, 

Navy, Marine Corps, and Air Force, or the spouse of a senior 

Establishment. 


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enlisted member from each of the Army, Navy, Marine Corps, 

and Air Force. 

‘‘(2) The term on the Council of the members appointed under 

paragraph (1)(C) shall be three years. 

‘‘(c) MEETINGS.—The Council shall meet not less often than 

twice each year. 

‘‘(d) DUTIES.—The duties of the Council shall include the following: 

‘‘(1) To review and make recommendations to the Secretary 

of Defense regarding the policy and plans required under section 1781b of this title. 

‘‘(2) To monitor requirements for the support of military 

family readiness by the Department of Defense. 

‘‘(3) To evaluate and assess the effectiveness of the military 

family readiness programs and activities of the Department 

of Defense. 

‘‘(e) ANNUAL REPORTS.—(1) Not later than February 1 each 

year, the Council shall submit to the Secretary of Defense and 

the congressional defense committees a report on military family 

readiness. 

‘‘(2) Each report under this subsection shall include the following: 

‘‘(A) An assessment of the adequacy and effectiveness of 

the military family readiness programs and activities of the 

Department of Defense during the preceding fiscal year in 

meeting the needs and requirements of military families. 

‘‘(B) Recommendations on actions to be taken to improve 

the capability of the military family readiness programs and 

activities of the Department of Defense to meet the needs 

and requirements of military families, including actions relating 

to the allocation of funding and other resources to and among 

such programs and activities. 

‘‘§ 1781b. Department of Defense policy and plans for military 

family readiness 

‘‘(a) POLICY AND PLANS REQUIRED.—The Secretary of Defense 

shall develop a policy and plans for the Department of Defense 

for the support of military family readiness. 

‘‘(b) PURPOSES.—The purposes of the policy and plans required 

under subsection (a) are as follows: 

‘‘(1) To ensure that the military family readiness programs 

and activities of the Department of Defense are comprehensive, 

effective, and properly supported. 

‘‘(2) To ensure that support is continuously available to 

military families in peacetime and in war, as well as during 

periods of force structure change and relocation of military 

units. 

‘‘(3) To ensure that the military family readiness programs 

and activities of the Department of Defense are available to 

all military families, including military families of members 

of the regular components and military families of members 

of the reserve components. 

‘‘(4) To make military family readiness an explicit element 

of applicable Department of Defense plans, programs, and budgeting activities, and that achievement of military family readiness is expressed through Department-wide goals that are 

identifiable and measurable. 


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‘‘(5) To ensure that the military family readiness programs 

and activities of the Department of Defense undergo continuous 

evaluation in order to ensure that resources are allocated and 

expended for such programs and activities to achieve Department-wide family readiness goals. 

‘‘(c) ELEMENTS OF POLICY.—The policy required under subsection (a) shall include the following elements: 

‘‘(1) A list of military family readiness programs and activities. 

‘‘(2) Department of Defense-wide goals for military family 

support, including joint programs, both for military families 

of members of the regular components and military families 

of members of the reserve components. 

‘‘(3) Policies on access to military family support programs 

and activities based on military family populations served and 

geographical location. 

‘‘(4) Metrics to measure the performance and effectiveness 

of the military family readiness programs and activities of 

the Department of Defense. 

‘‘(5) A summary, by fiscal year, of the allocation of funds 

(including appropriated funds and nonappropriated funds) for 

major categories of military family readiness programs and 

activities of the Department of Defense, set forth for each 

of the military departments and for the Office of the Secretary 

of Defense. 

‘‘(d) ANNUAL REPORT.—Not later than March 1, 2008, and each 

year thereafter, the Secretary of Defense shall submit to the 

congressional defense committees a report on the plans required 

under subsection (a) for the five-fiscal year period beginning with 

the fiscal year in which the report is submitted. Each report shall 

include the plans covered by the report and an assessment of 

the discharge by the Department of Defense of the previous plans 

submitted under this section.’’. 

(b) REPORT ON MILITARY FAMILY READINESS POLICY.—Not later 

than February 1, 2009, the Secretary of Defense shall submit to 

the congressional defense committees a report setting forth the 

policy developed under section 1781b of title 10, United States 

Code, as added by subsection (a). 

(c) SURVEYS OF MILITARY FAMILIES.—Section 1782 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(d) SURVEY REQUIRED FOR FISCAL YEAR 2010.—Notwithstanding subsection (a), during fiscal year 2010, the Secretary of 

Defense shall conduct a survey otherwise authorized under such 

subsection. Thereafter, additional surveys may be conducted not 

less often than once every three fiscal years.’’. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by 

inserting after the item relating to section 1781 the following new 

items: 

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

‘‘1781b. Department of Defense policy and plans for military family readiness.’’. 

SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 

shall establish a national combat veteran reintegration program 

to provide National Guard and Reserve members and their families 

10 USC 10101 

note. 


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with sufficient information, services, referral, and proactive outreach opportunities throughout the entire deployment cycle. This 

program shall be known as the Yellow Ribbon Reintegration Program. 

(b) PURPOSE OF PROGRAM; DEPLOYMENT CYCLE.—The Yellow 

Ribbon Reintegration Program shall consist of informational events 

and activities for members of the reserve components of the Armed 

Forces, their families, and community members to facilitate access 

to services supporting their health and well-being through the 4 

phases of the deployment cycle: 

(1) Pre-Deployment. 

(2) Deployment. 

(3) Demobilization. 

(4) Post-Deployment-Reconstitution. 

(c) EXECUTIVE AGENT.—The Secretary shall designate the 

Under Secretary of Defense for Personnel and Readiness as the 

Department of Defense executive agent for the Yellow Ribbon Reintegration Program. 

(d) OFFICE FOR REINTEGRATION PROGRAMS.— 

(1) ESTABLISHMENT.—The Under Secretary of Defense for 

Personnel and Readiness shall establish the Office for Reintegration Programs within the Office of the Secretary of 

Defense. The office shall administer all reintegration programs 

in coordination with State National Guard organizations. The 

office shall be responsible for coordination with existing 

National Guard and Reserve family and support programs. 

The Directors of the Army National Guard and Air National 

Guard and the Chiefs of the Army Reserve, Marine Corps 

Reserve, Navy Reserve, and Air Force Reserve may appoint 

liaison officers to coordinate with the permanent office staff. 

The office may also enter into partnerships with other public 

entities, including the Department of Health and Human Services, Substance Abuse and the Mental Health Services Administration, for access to necessary substance abuse and mental 

health treatment services from local State-licensed service providers. 

(2) CENTER FOR EXCELLENCE IN REINTEGRATION.—The 

Office for Reintegration Programs shall establish a Center for 

Excellence in Reintegration within the office. The Center shall 

collect and analyze ‘‘lessons learned’’ and suggestions from State 

National Guard and Reserve organizations with existing or 

developing reintegration programs. The Center shall also assist 

in developing training aids and briefing materials and training 

representatives from State National Guard and Reserve 

organizations. 

(e) ADVISORY BOARD.— 

(1) APPOINTMENT.—The Secretary of Defense shall appoint 

an advisory board to analyze the Yellow Ribbon Reintegration 

Program and report on areas of success and areas for necessary 

improvements. The advisory board shall include the Director 

of the Army National Guard, the Director of the Air National 

Guard, Chiefs of the Army Reserve, Marine Corps Reserve, 

Navy Reserve, and Air Force Reserve, the Assistant Secretary 

of Defense for Reserve Affairs, an Adjutant General on a rotational basis as determined by the Chief of the National Guard 

Bureau, and any other Department of Defense, Federal Government agency, or outside organization as determined by the 

Establishment. 

Establishment. 

Designation. 


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Secretary of Defense. The members of the advisory board may 

designate representatives in their stead. 

(2) SCHEDULE.—The advisory board shall meet on a 

schedule determined by the Secretary of Defense. 

(3) INITIAL REPORTING REQUIREMENT.—The advisory board 

shall issue internal reports as necessary and shall submit an 

initial report to the Committees on Armed Services of the 

Senate and House of Representatives not later than 180 days 

after the end of the 1-year period beginning on the date of 

the establishment of the Office for Reintegration Programs. 

The report shall contain— 

(A) an evaluation of the implementation of the Yellow 

Ribbon Reintegration Program by State National Guard 

and Reserve organizations; 

(B) an assessment of any unmet resource requirements; 

and 

(C) recommendations regarding closer coordination 

between the Office of Reintegration Programs and State 

National Guard and Reserve organizations. 

(4) ANNUAL REPORTS.—The advisory board shall submit 

annual reports to the Committees on Armed Services of the 

Senate and the House of Representatives following the initial 

report by the first week in March of subsequent years following 

the initial report. 

(f) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.—The Office 

for Reintegration Programs may employ personnel to administer 

the Yellow Ribbon Reintegration Program at the State level. The 

primary function of team members shall be— 

(1) to implement the reintegration curriculum through the 

deployment cycle described in subsection (g); 

(2) to obtain necessary service providers; and 

(3) to educate service providers regarding the unique military nature of the reintegration program. 

(g) OPERATION OF PROGRAM THROUGH DEPLOYMENT CYCLE.— 

(1) IN GENERAL.—The Office for Reintegration Programs 

shall analyze the demographics, placement of State Family 

Assistance Centers and their resources before a mobilization 

alert is issued to affected State National Guard and Reserve 

organizations. The Office of Reintegration Programs shall consult with affected State National Guard and Reserve organizations following the issuance of a mobilization alert and implement the reintegration events in accordance with the Reintegration Program phase model. 

(2) PRE-DEPLOYMENT PHASE.—The Pre-Deployment Phase 

shall constitute the time from first notification of mobilization 

until deployment of the mobilized National Guard or Reserve 

unit. Events and activities shall focus on providing education 

and ensuring the readiness of members of the unit, their families, and affected communities for the rigors of a combat deployment. 

(3) DEPLOYMENT PHASE.—The Deployment Phase shall constitute the period from deployment of the mobilized National 

Guard or Reserve unit until the unit arrives at a demobilization 

station inside the continental United States. Events and services provided shall focus on the challenges and stress associated 

with separation and having a member in a combat zone. 

Information sessions shall utilize State National Guard and 


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Reserve resources in coordination with the Employer Support 

of Guard and Reserve Office, Transition Assistance Advisors, 

and the State Family Programs Director. 

(4) DEMOBILIZATION PHASE.— 

(A) IN GENERAL.—The Demobilization Phase shall constitute the period from arrival of the National Guard or 

Reserve unit at the demobilization station until its departure for home station. 

(B) INITIAL REINTEGRATION ACTIVITY.—The purpose of 

this reintegration program is to educate members about 

the resources that are available to them and to connect 

members to service providers who can assist them in overcoming the challenges of reintegration. 

(5) POST-DEPLOYMENT-RECONSTITUTION PHASE.— 

(A) IN GENERAL.—The Post-Deployment-Reconstitution 

Phase shall constitute the period from arrival at home 

station until 180 days following demobilization. Activities 

and services provided shall focus on reconnecting members 

with their families and communities and providing 

resources and information necessary for successful reintegration. Reintegration events shall begin with elements 

of the Initial Reintegration Activity program that were 

not completed during the Demobilization Phase. 

(B) 30-DAY, 60-DAY, AND 90-DAY REINTEGRATION ACTIVITIES.—The State National Guard and Reserve organizations shall hold reintegration activities at the 30-day, 60- 

day, and 90-day interval following demobilization. These 

activities shall focus on reconnecting members and their 

families with the service providers from the Initial Reintegration Activity to ensure that members and their families understand what benefits they are entitled to and 

what resources are available to help them overcome the 

challenges of reintegration. The Reintegration Activities 

shall also provide a forum for members and their families 

to address negative behaviors related to combat stress and 

transition. 

(C) MEMBER PAY.—Members shall receive appropriate 

pay for days spent attending the Reintegration Activities 

at the 30-day, 60-day, and 90-day intervals. 

(h) OUTREACH SERVICES.—As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs may 

develop programs of outreach to members of the Armed Forces 

and their family members to educate such members and their 

family members about the assistance and services available to 

them under the Yellow Ribbon Reintegration Program. Such assistance and services may include the following: 

(1) Marriage counseling. 

(2) Services for children. 

(3) Suicide prevention. 

(4) Substance abuse awareness and treatment. 

(5) Mental health awareness and treatment. 

(6) Financial counseling. 

(7) Anger management counseling. 

(8) Domestic violence awareness and prevention. 

(9) Employment assistance. 

(10) Preparing and updating family care plans. 


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(11) Development of strategies for living with a member 

of the Armed Forces with post-traumatic stress disorder or 

traumatic brain injury. 

(12) Other services that may be appropriate to address 

the unique needs of members of the Armed Forces and their 

families who live in rural or remote areas with respect to 

family readiness and servicemember reintegration. 

(13) Assisting members of the Armed Forces and their 

families find and receive assistance with military family readiness and servicemember reintegration, including referral services. 

(14) Development of strategies and programs that recognize 

the need for long-term follow-up services for reintegrating members of the Armed Forces and their families for extended periods 

following deployments, including between deployments. 

(15) Assisting members of the Armed Forces and their 

families in receiving services and assistance from the Department of Veterans Affairs, including referral services. 

SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND 

PROGRAMS FOR FAMILIES OF MEMBERS OF REGULAR 

AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study to determine the most effective means to enhance and 

improve family support programs for families of deployed members 

of the regular and reserve components of the Armed Forces before, 

during, and after deployment. The study shall also take into account 

the potential to utilize non-governmental and local private sector 

entities and other Federal agencies having expertise in health and 

well-being of families, including family members who are children, 

infants, or toddlers. 

(b) ELEMENTS.—The study shall include at a minimum the 

following: 

(1) The assessment of the types of information on health 

care and mental health benefits and services and other community resources that should be made available to members of 

the regular and reserve components and their families, 

including— 

(A) crisis services; 

(B) marriage and family counseling; and 

(C) financial counseling. 

(2) An assessment of means to improve support to the 

parents and caretakers of military dependent children in order 

to mitigate any adverse effects of the deployment of members 

on such children, including consideration of the following: 

(A) The need to develop materials for parents and 

other caretakers of children to assist in responding to the 

effects of such deployment on children, including extended 

and multiple deployments and reunion (and the death or 

injury of members during such deployment), and the role 

that parents and caretakers can play in addressing or 

mitigating such effects. 

(B) The potential best practices that are identified 

which build psychological and emotional resiliency in children in coping with deployment. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 127 

(C) The potential to improve dissemination throughout 

the Armed Forces of the most effective practices for outreach, training, and building psychological and emotional 

resiliency in children. 

(D) The effectiveness of training materials for education, mental health, health, and family support professionals who provide services to parents and caretakers 

of military dependent children. 

(E) The requirement to develop programs and activities 

to increase awareness throughout the military and civilian 

communities of the effects of deployment of a military 

spouse or guardians for such children and their families 

and to increase collaboration within such communities to 

address and mitigate such effects. 

(F) The development of training for early child care 

and education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing 

and mitigating the adverse implications of such deployment. 

(G) The conduct of research on best practices for 

building psychological and emotional resiliency in such children in coping with the deployment of such members. 

(3) An assessment of the effectiveness of family-to-family 

support programs— 

(A) in providing peer support for families of deployed 

members of the regular and reserve components; 

(B) in identifying and preventing family problems in 

such families; 

(C) in reducing adverse outcomes for children of such 

families, including poor academic performance, behavioral 

problems, stress, and anxiety; 

(D) in improving family readiness and post-deployment 

transition for such families; and 

(E) in utilizing spouses of members of the Armed Forces 

as counselors for families of deployed members, in order 

to assist such families in coping before, during, and after 

the deployment, and the best practices for training spouses 

of members of the Armed Forces to act as counselors for 

families of deployed members. 

(4) An assessment of the effectiveness of transition assistance programs and policies for families of members during 

post-deployment transition from a combat zone back to civilian 

or military communities— 

(A) in identifying signs and symptoms of mental health 

conditions for both service members and their families; 

and 

(B) in receiving information and resources available 

within the local communities to ease transition. 

(5) An assessment of the impact of multiple overseas 

deployments of members on their families, particularly in the 

case of members serving in Operation Iraqi Freedom and Operation Enduring Freedom, including financial impacts and emotional impacts. 

(6) An assessment of the most effective timing of providing 

information and support to the families of deployed members 


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122 STAT. 128 PUBLIC LAW 110–181—JAN. 28, 2008 

before, during, and after deployment, including at least six 

months after the date of return of deployed members. 

(7) An assessment of the need for additional long-term 

research on the effects of multiple wartime deployments on 

families, including children, and critical areas of focus that 

should be addressed by such research. 

(c) REPORT ON RESULTS OF STUDY.—Not later than 180 days 

after the date of enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a). 

SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 

DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. 

(a) PROTECTION OF SERVICEMEMBERS AGAINST DEFAULT JUDG- MENTS.—Section 201(a) of the Servicemembers Civil Relief Act (50 

U.S.C. App. 521(a)) is amended by inserting ‘‘, including any child 

custody proceeding,’’ after ‘‘proceeding’’. 

(b) STAY OF PROCEEDINGS WHEN SERVICEMEMBER HAS

NOTICE.—Section 202(a) of the Servicemembers Civil Relief Act 

(50 U.S.C. App. 522(a)) is amended by inserting ‘‘, including any 

child custody proceeding,’’ after ‘‘civil action or proceeding’’. 

SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS 

OF THE ARMED FORCES. 

(a) SERVICEMEMBER FAMILY LEAVE.— (1) DEFINITIONS.—Section 101 of the Family and Medical 

Leave Act of 1993 (29 U.S.C. 2611) is amended by adding 

at the end the following new paragraphs: 

‘‘(14) ACTIVE DUTY.—The term ‘active duty’ means duty 

under a call or order to active duty under a provision of law 

referred to in section 101(a)(13)(B) of title 10, United States 

Code. 

‘‘(15) CONTINGENCY OPERATION.—The term ‘contingency 

operation’ has the same meaning given such term in section 

101(a)(13) of title 10, United States Code. 

‘‘(16) COVERED SERVICEMEMBER.—The term ‘covered 

servicemember’ means a member of the Armed Forces, 

including a member of the National Guard or Reserves, who 

is undergoing medical treatment, recuperation, or therapy, is 

otherwise in outpatient status, or is otherwise on the temporary 

disability retired list, for a serious injury or illness. 

‘‘(17) OUTPATIENT STATUS.—The term ‘outpatient status’, 

with respect to a covered servicemember, means the status 

of a member of the Armed Forces assigned to— 

‘‘(A) a military medical treatment facility as an outpatient; or 

‘‘(B) a unit established for the purpose of providing 

command and control of members of the Armed Forces 

receiving medical care as outpatients. 

‘‘(18) NEXT OF KIN.—The term ‘next of kin’, used with 

respect to an individual, means the nearest blood relative of 

that individual. 

‘‘(19) SERIOUS INJURY OR ILLNESS.—The term ‘serious injury 

or illness’, in the case of a member of the Armed Forces, 

including a member of the National Guard or Reserves, means 

an injury or illness incurred by the member in line of duty 

on active duty in the Armed Forces that may render the 


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member medically unfit to perform the duties of the member’s 

office, grade, rank, or rating.’’. 

(2) ENTITLEMENT TO LEAVE.—Section 102(a) of such Act 

(29 U.S.C. 2612(a)) is amended— 

(A) in paragraph (1), by adding at the end the following 

new subparagraph: 

‘‘(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the 

fact that the spouse, or a son, daughter, or parent of 

the employee is on active duty (or has been notified of 

an impending call or order to active duty) in the Armed 

Forces in support of a contingency operation.’’; and 

(B) by adding at the end the following new paragraphs: 

‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject to section 

103, an eligible employee who is the spouse, son, daughter, 

parent, or next of kin of a covered servicemember shall be 

entitled to a total of 26 workweeks of leave during a 12- 

month period to care for the servicemember. The leave described 

in this paragraph shall only be available during a single 12- 

month period. 

‘‘(4) COMBINED LEAVE TOTAL.—During the single 12-month 

period described in paragraph (3), an eligible employee shall 

be entitled to a combined total of 26 workweeks of leave under 

paragraphs (1) and (3). Nothing in this paragraph shall be 

construed to limit the availability of leave under paragraph 

(1) during any other 12-month period.’’. 

(3) REQUIREMENTS RELATING TO LEAVE.— 

(A) SCHEDULE.—Section 102(b) of such Act (29 U.S.C. 

2612(b)) is amended— 

(i) in paragraph (1), in the second sentence— 

(I) by striking ‘‘section 103(b)(5)’’ and inserting 

‘‘subsection (b)(5) or (f) (as appropriate) of section 

103’’; and 

(II) by inserting ‘‘or under subsection (a)(3)’’ 

after ‘‘subsection (a)(1)’’; 

(ii) in paragraph (1), by inserting after the second 

sentence the following new sentence: ‘‘Subject to subsection (e)(3) and section 103(f), leave under subsection 

(a)(1)(E) may be taken intermittently or on a reduced 

leave schedule.’’; and 

(iii) in paragraph (2), by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. 

(B) SUBSTITUTION OF PAID LEAVE.—Section 102(d) of 

such Act (29 U.S.C. 2612(d)) is amended— 

(i) in paragraph (1)— 

(I) by inserting ‘‘(or 26 workweeks in the case 

of leave provided under subsection (a)(3))’’ after 

‘‘12 workweeks’’ the first place it appears; and 

(II) by inserting ‘‘(or 26 workweeks, as appropriate)’’ after ‘‘12 workweeks’’ the second place it 

appears; 

(ii) in paragraph (2)(A), by striking ‘‘or (C)’’ and 

inserting ‘‘(C), or (E)’’; and 

(iii) in paragraph (2)(B), by adding at the end 

the following: ‘‘An eligible employee may elect, or an 

employer may require the employee, to substitute any 

of the accrued paid vacation leave, personal leave, 


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family leave, or medical or sick leave of the employee 

for leave provided under subsection (a)(3) for any part 

of the 26-week period of such leave under such subsection, except that nothing in this title requires an 

employer to provide paid sick leave or paid medical 

leave in any situation in which the employer would 

not normally provide any such paid leave.’’. 

(C) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

2612(e)) is amended— 

(i) in paragraph (2), by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection (a)(1)’’; and 

(ii) by adding at the end the following new paragraph: 

‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY OF FAMILY

MEMBER.—In any case in which the necessity for leave under 

subsection (a)(1)(E) is foreseeable, whether because the spouse, 

or a son, daughter, or parent, of the employee is on active 

duty, or because of notification of an impending call or order 

to active duty in support of a contingency operation, the 

employee shall provide such notice to the employer as is reasonable and practicable.’’. 

(D) SPOUSES EMPLOYED BY SAME EMPLOYER.—Section 

102(f) of such Act (29 U.S.C. 2612(f)) is amended— 

(i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of 

the subparagraphs with the margins of section 

102(e)(2)(A); 

(ii) by striking ‘‘In any’’ and inserting the following: 

‘‘(1) IN GENERAL.—In any’’; and 

(iii) by adding at the end the following: 

‘‘(2) SERVICEMEMBER FAMILY LEAVE.— 

‘‘(A) IN GENERAL.—The aggregate number of workweeks of leave to which both that husband and wife may 

be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is— 

‘‘(i) leave under subsection (a)(3); or 

‘‘(ii) a combination of leave under subsection (a)(3) 

and leave described in paragraph (1). 

‘‘(B) BOTH LIMITATIONS APPLICABLE.—If the leave taken 

by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to 

the leave described in paragraph (1).’’. 

(E) CERTIFICATION REQUIREMENTS.—Section 103 of 

such Act (29 U.S.C. 2613) is amended— 

(i) in subsection (a)— 

(I) by striking ‘‘section 102(a)(1)’’ and inserting 

‘‘paragraph (1) or paragraph (3) of section 102(a)’’; 

and 

(II) by inserting ‘‘or of the next of kin of an 

individual in the case of leave taken under such 

paragraph (3),’’ after ‘‘parent of the employee,’’; 

and 

(ii) by adding at the end the following: 

‘‘(f) CERTIFICATION RELATED TO ACTIVE DUTY OR CALL TO

ACTIVE DUTY.—An employer may require that a request for leave 

under section 102(a)(1)(E) be supported by a certification issued 


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at such time and in such manner as the Secretary may by regulation 

prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy 

of such certification to the employer.’’. 

(F) FAILURE TO RETURN.—Section 104(c) of such Act 

(29 U.S.C. 2614(c)) is amended— 

(i) in paragraph (2)(B)(i), by inserting ‘‘or under 

section 102(a)(3)’’ before the semicolon; and 

(ii) in paragraph (3)(A)— 

(I) in clause (i), by striking ‘‘or’’ at the end; 

(II) in clause (ii), by striking the period and 

inserting ‘‘; or’’; and 

(III) by adding at the end the following: 

‘‘(iii) a certification issued by the health care provider of the servicemember being cared for by the 

employee, in the case of an employee unable to return 

to work because of a condition specified in section 

102(a)(3).’’. 

(G) ENFORCEMENT.—Section 107 of such Act (29 U.S.C. 

2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting 

‘‘(or 26 weeks, in a case involving leave under section 

102(a)(3))’’ after ‘‘12 weeks’’. 

(H) INSTRUCTIONAL EMPLOYEES.—Section 108 of such 

Act (29 U.S.C. 2618) is amended, in subsections (c)(1), 

(d)(2), and (d)(3), by inserting ‘‘or under section 102(a)(3)’’ 

after ‘‘section 102(a)(1)’’. 

(b) SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE

EMPLOYEES.— 

(1) DEFINITIONS.—Section 6381 of title 5, United States 

Code, is amended— 

(A) in paragraph (5), by striking ‘‘and’’ at the end; 

(B) in paragraph (6), by striking the period and 

inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(7) the term ‘active duty’ means duty under a call or 

order to active duty under a provision of law referred to in 

section 101(a)(13)(B) of title 10; 

‘‘(8) the term ‘covered servicemember’ means a member 

of the Armed Forces, including a member of the National Guard 

or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is 

otherwise on the temporary disability retired list, for a serious 

injury or illness; 

‘‘(9) the term ‘outpatient status’, with respect to a covered 

servicemember, means the status of a member of the Armed 

Forces assigned to— 

‘‘(A) a military medical treatment facility as an outpatient; or 

‘‘(B) a unit established for the purpose of providing 

command and control of members of the Armed Forces 

receiving medical care as outpatients; 

‘‘(10) the term ‘next of kin’, used with respect to an individual, means the nearest blood relative of that individual; 

and 

‘‘(11) the term ‘serious injury or illness’, in the case of 

a member of the Armed Forces, means an injury or illness 

incurred by the member in line of duty on active duty in 


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the Armed Forces that may render the member medically unfit 

to perform the duties of the member’s office, grade, rank, or 

rating.’’. 

(2) ENTITLEMENT TO LEAVE.—Section 6382(a) of such title 

is amended by adding at the end the following: 

‘‘(3) Subject to section 6383, an employee who is the spouse, 

son, daughter, parent, or next of kin of a covered servicemember 

shall be entitled to a total of 26 administrative workweeks of 

leave during a 12-month period to care for the servicemember. 

The leave described in this paragraph shall only be available during 

a single 12-month period. 

‘‘(4) During the single 12-month period described in paragraph 

(3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing 

in this paragraph shall be construed to limit the availability of 

leave under paragraph (1) during any other 12-month period.’’. 

(3) REQUIREMENTS RELATING TO LEAVE.— 

(A) SCHEDULE.—Section 6382(b) of such title is 

amended— 

(i) in paragraph (1), in the second sentence— 

(I) by striking ‘‘section 6383(b)(5)’’ and 

inserting ‘‘subsection (b)(5) or (f) (as appropriate) 

of section 6383’’; and 

(II) by inserting ‘‘or under subsection (a)(3)’’ 

after ‘‘subsection (a)(1)’’; and 

(ii) in paragraph (2), by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. 

(B) SUBSTITUTION OF PAID LEAVE.—Section 6382(d) of 

such title is amended by adding at the end the following: 

‘‘An employee may elect to substitute for leave under subsection (a)(3) any of the employee’s accrued or accumulated 

annual or sick leave under subchapter I for any part of 

the 26-week period of leave under such subsection.’’. 

(C) NOTICE.—Section 6382(e) of such title is amended 

by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection 

(a)(1)’’. 

(D) CERTIFICATION.—Section 6383 of such title is 

amended by adding at the end the following: 

‘‘(f) An employing agency may require that a request for leave 

under section 6382(a)(3) be supported by a certification issued at 

such time and in such manner as the Office of Personnel Management may by regulation prescribe.’’. 

SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT 

OF SINGLE PARENT OR DUAL MILITARY COUPLES WITH 

MINOR DEPENDENTS. 

The Secretary of Defense shall establish appropriate procedures 

to ensure that an adequate family care plan is in place for a 

member of the Armed Forces with minor dependents who is a 

single parent or whose spouse is also a member of the Armed 

Forces when the member may be deployed in an area for which 

imminent danger pay is authorized under section 310 of title 37, 

United States Code. Such procedures should allow the member 

to request a deferment of deployment due to unforeseen circumstances, and the request for such a deferment should be considered and responded to promptly. 

Procedures. 

10 USC 991 note. 


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SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY 

DEPENDENT CHILDREN WITH AUTISM. 

(a) ASSESSMENT OF AVAILABILITY OF SERVICES.—The Secretary 

of Defense shall conduct a comprehensive assessment of the availability of Federal, State, and local education and treatment services 

on and in the vicinity of a covered military installation for children 

of members of the Armed Forces who are diagnosed with autism. 

This assessment shall include the following: 

(1) The local availability of adequate educational services 

for children with autism. 

(2) The local availability of adequate medical services for 

children with autism. 

(3) The local availability of supplemental services for children with autism. 

(4) The ease of access of children with autism to adequate 

educational services, such as the length of time on waiting 

lists. 

(b) REVIEW OF BEST PRACTICES.—In preparing the assessment 

under subsection (a), the Secretary of Defense shall conduct a 

review of best practices in the United States in the provision of 

covered educational services and treatment services for children 

with autism, including an assessment of Federal and State education and treatment services for children with autism in each 

State, with an emphasis on locations where eligible members and 

eligible dependents reside. The Secretary of Defense shall conduct 

the review in coordination with the Secretary of Education. 

(c) PERSONNEL MANAGEMENT REQUIREMENTS.— 

(1) LIMITED STATIONING OPTIONS.—The Secretary of the 

military department concerned shall ensure that, whenever 

practicable, eligible members are only assigned to military 

installations that are identified in the report required by subsection (g)(1). 

(2) STABILIZATION POLICY.—The Secretary of the military 

department concerned shall ensure that, whenever practicable, 

the families of eligible members residing at a military installation that is identified in such report are permitted to remain 

at that installation for a period of not less than 4 years. 

(d) CASE MANAGERS AND SERVICES.— 

(1) CASE MANAGERS.—The Secretary of the military department concerned shall ensure that eligible members are assigned 

case managers for both medical services and covered educational services for eligible dependents, which shall be required 

under the Exceptional Family Member Program pursuant to 

the policy established by the Secretary. 

(2) INDIVIDUALIZED SERVICES PLAN.—The Secretary of the 

military department concerned shall provide for the voluntary 

development for eligible dependents of individualized autism 

services plans for use by case managers, caregivers, and families to ensure continuity of services throughout the active military service of eligible members. 

(3) AUTISM SUPPORT CENTERS.—The Secretary of the military department concerned may establish local centers on military installations for the purpose of providing and coordinating 

autism services for eligible dependents. 

10 USC 1781 

note. 


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(4) PARTNERSHIPS AND CONTRACTS.—The Secretary of the 

military department concerned is encouraged to enter into partnerships or contracts with other appropriate public and private 

entities to carry out the responsibilities of this section. 

(e) DEMONSTRATION PROJECTS.— (1) PROJECTS AUTHORIZED.—The Secretary of Defense may 

conduct 1 or more demonstration projects to evaluate improved 

approaches to the provision of covered educational services 

and treatment services to eligible dependents for the purpose 

of evaluating strategies for integrated treatment and case manager services, including early intervention and diagnosis, medical care, parent involvement, special education services, intensive behavioral intervention, and language, communications, 

and other interventions considered appropriate by the Secretary. 

(2) CASE MANAGERS AND SERVICES PLAN.—Each demonstration project shall include the assignment of case managers 

under paragraph (1) of subsection (d) and utilize the services 

plans prepared for eligible dependents under paragraph (2) 

of such subsection. 

(3) SUPERVISORY LEVEL PROVIDERS.—The Secretary of 

Defense may utilize for purposes of the demonstration projects 

personnel who are professionals with a level (as determined 

by the Secretary) of post-secondary education that is appropriate for the provision of safe and effective services for autism 

and who are from an accredited educational facility in the 

mental health, human development, social work, or education 

field to act as supervisory level providers of behavioral intervention services for autism. In so acting, such personnel may 

be authorized— 

(A) to develop and monitor intensive behavior intervention plans for eligible dependents who are participating 

in the demonstration projects; and 

(B) to provide appropriate training in the provision 

of approved services to participating eligible dependents. 

(4) SERVICES UNDER CORPORATE SERVICES PROVIDER

MODEL.—In carrying out the demonstration projects, the Secretary of Defense may utilize a corporate services provider 

model. Employees of a provider under such a model shall 

include personnel who implement special educational and 

behavioral intervention plans for eligible dependents that are 

developed, reviewed, and maintained by supervisory level providers approved by the Secretary. In authorizing such a model, 

the Secretary shall establish— 

(A) minimum education, training, and experience criteria required to be met by employees who provide services 

to eligible dependents; 

(B) requirements for supervisory personnel and supervision, including requirements for supervisor credentials 

and for the frequency and intensity of supervision; and 

(C) such other requirements as the Secretary considers 

appropriate to ensure safety and the protection of the 

eligible dependents who receive services from such 

employees under the demonstration projects. 

(5) PERIOD.—If the Secretary of Defense determines to conduct demonstration projects under this subsection, the Secretary shall commence such demonstration projects not later 

Deadline. 

Requirements. 

Criteria. 


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than 180 days after the date of the enactment of this Act. 

The demonstration projects shall be conducted for not less 

than 2 years. 

(6) EVALUATION.—The Secretary of Defense shall conduct 

an evaluation of each demonstration project conducted under 

this section. The evaluation shall include the following: 

(A) An assessment of the extent to which the activities 

under the demonstration project contributed to positive 

outcomes for eligible dependents. 

(B) An assessment of the extent to which the activities 

under the demonstration project led to improvements in 

services and continuity of care for eligible dependents. 

(C) An assessment of the extent to which the activities 

under the demonstration project improved military family 

readiness and enhanced military retention. 

(f) RELATIONSHIP TO OTHER BENEFITS.—Nothing in this section 

precludes the eligibility of members of the Armed Forces and their 

dependents for extended benefits under section 1079 of title 10, 

United States Code. 

(g) REPORTS.— 

(1) REPORT IDENTIFYING COVERED MILITARY INSTALLATIONS.—As a result of the assessment required by subsection 

(a), the Secretary of Defense shall submit to the congressional 

defense committees, not later than December 31, 2008, a report 

identifying those covered military installations that have covered educational services and facilities available (on the 

installation or in the vicinity of the installation) for eligible 

dependents that provide special education and related services 

consistent with the Individuals with Disabilities Education Act 

(20 U.S.C. 1400 et seq.). 

(2) REPORTS ON DEMONSTRATION PROJECTS.—Not later than 

30 months after the commencement of any demonstration 

project under subsection (e), the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the demonstration 

project. The report shall include a description of the project, 

the results of the evaluation under subsection (e)(6) with respect 

to the project, and a description of plans for the further provision of services for eligible dependents under the project. 

(h) COVERED EDUCATIONAL SERVICES PLAN.—After completing 

the assessment required by subsection (a) and the report required 

by subsection (g)(1), the Secretary of Defense shall develop a plan 

that would ensure that all eligible dependents are able to obtain 

covered educational services. In the event that eligible members 

are assigned to military installations that are not identified in 

the report required by subsection (g)(1), the plan should ensure 

that such eligible dependents are still able to obtain covered educational services, including by the use of authority granted to the 

Secretary under section 2164 of title 10, United States Code. The 

plan shall also include any legislative actions that the Secretary 

recommends to implement the plan and describe what funding 

or funding mechanisms may be needed to ensure eligible dependents 

obtain covered educational services. The Secretary shall submit 

the plan to the congressional defense committees not later than 

July 1, 2009. 

(i) DEFINITIONS.—In this section: 

Deadline. 


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(1) The term ‘‘autism’’ refers to the Autism Spectrum Disorders, which are developmental disabilities that cause substantial impairments in the areas of social interaction, emotional 

regulation, communication, and the integration of higher-order 

cognitive processes and are often characterized by the presence 

of unusual behaviors and interests. The term includes autistic 

disorder, pervasive developmental disorder (not otherwise specified), and Asperger’s syndrome. 

(2) The term ‘‘child’’ has the meaning given that term 

in section 1072 of title 10, United States Code. 

(3) The term ‘‘covered military installation’’ means a military installation at which at least 1,000 members of the Armed 

Forces are assigned who are eligible for an assignment accompanied by dependents. 

(4) The term ‘‘eligible member’’ means a member of the 

Armed Forces who— 

(A) has a dependent child who is diagnosed with 

autism; and 

(B) is enrolled in an Exceptional Family Member Program of the Department of Defense. 

(5) The term ‘‘eligible dependent’’ means a child of an 

eligible member who is diagnosed with autism. 

(6) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)), except that 

the term includes publicly financed schools in communities, 

Department of Defense domestic dependent elementary and 

secondary schools, and schools of the defense dependents’ education system. 

(7) The term ‘‘covered educational services’’ includes behavioral intervention services for autism, such as Applied Behavioral Analysis. 

SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION 

IN PAYING TRIBUTE TO MEMBERS OF THE ARMED 

FORCES WHO HAVE FALLEN IN THE SERVICE OF THE 

UNITED STATES. 

(a) COMMENDATION.—Congress, on the behalf of the people 

of the United States, commends Kaziah M. Hancock and the 4 

other volunteer professional portrait artists of the nonprofit 

organization known as Project Compassion, as well as the entire 

Project Compassion organization, for their ongoing efforts to provide, without charge, to the family of each member of the Armed 

Forces who has died on active duty since September 11, 2001, 

a museum-quality original oil portrait of the member. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the people of the United States owe the deepest gratitude to Kaziah 

M. Hancock and the members of Project Compassion. 

Subtitle I—Other Matters 

SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS 

AND OTHER MUSICAL UNITS. 

(a) IN GENERAL.— 

Kaziah M. 

Hancock. 


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(1) CONSOLIDATION OF SEPARATE AUTHORITIES.—Chapter 49 

of title 10, United States Code, is amended by inserting after 

section 973 the following new section: 

‘‘§ 974. Uniform performance policies for military bands and 

other musical units 

‘‘(a) RESTRICTIONS ON COMPETITION AND REMUNERATION.— 

Bands, ensembles, choruses, or similar musical units of the armed 

forces, including individual members of such a unit performing 

in an official capacity, may not— 

‘‘(1) engage in the performance of music in competition 

with local civilian musicians; or 

‘‘(2) receive remuneration for official performances. 

‘‘(b) MEMBERS PERFORMING IN PERSONAL CAPACITY.—A member 

of a band, ensemble, chorus, or similar musical unit of the armed 

forces may engage in the performance of music in the member’s 

personal capacity, as an individual or part of a group, for remuneration or otherwise, if the member— 

‘‘(1) does not wear a military uniform for the performance; 

‘‘(2) does not identify himself or herself as a member of 

the armed forces in connection with the performance; and 

‘‘(3) complies with all other applicable regulations and 

standards of conduct. 

‘‘(c) RECORDINGS.—(1) When authorized pursuant to regulations 

prescribed by the Secretary of Defense for purposes of this section, 

bands, ensembles, choruses, or similar musical units of the armed 

forces may produce recordings for distribution to the public, at 

a cost not to exceed production and distribution expenses. 

‘‘(2) Amounts received in payment for recordings distributed 

to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of such 

recordings. Any amounts so credited shall be merged with amounts 

in the appropriation or account to which credited, and shall be 

available for the same purposes, and subject to the same conditions 

and limitations, as amounts in such appropriation or account. 

‘‘(d) PERFORMANCE OF MUSIC IN COMPETITION WITH LOCAL

CIVILIAN MUSICIANS DEFINED.—(1) In this section, the term 

‘performance of music in competition with local civilian musicians’ 

includes performances— 

‘‘(A) that are more than incidental to events that are not 

supported solely by appropriated funds and are not free to 

the public; and 

‘‘(B) of background, dinner, dance, or other social music 

at events, regardless of location, that are not supported solely 

by appropriated funds. 

‘‘(2) The term does not include performances— 

‘‘(A) at official Federal Government events that are supported solely by appropriated funds; 

‘‘(B) at concerts, parades, and other events that are patriotic 

events or celebrations of national holidays and are free to 

the public; or 

‘‘(C) that are incidental, such as short performances of 

military or patriotic music to open or close events, to events 

that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 973 the following new item: 

‘‘974. Uniform performance policies for military bands and other musical units.’’. 

(b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— (1) REPEAL.—Sections 3634, 6223, and 8634 of such title 

are repealed. 

(2) TABLE OF SECTIONS.—(A) The table of sections at the 

beginning of chapter 349 of such title is amended by striking 

the item relating to section 3634. 

(B) The table of sections at the beginning of chapter 565 

of such title is amended by striking the item relating to section 

6223. 

(C) The table of sections at the beginning of chapter 849 

of such title is amended by striking the item relating to section 

8634. 

SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS 

OF THE ARMED FORCES AND CERTAIN OTHER PERSONS. 

Section 1482(a)(8) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘When transportation of the remains includes transportation by aircraft under 

section 562 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 

note), the Secretary concerned shall provide, to the maximum extent 

practicable, for delivery of the remains by air to the commercial, 

general aviation, or military airport nearest to the place selected 

by the designee.’’. 

SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN 

ANY STATE UNDER STARBASE PROGRAM. 

Section 2193b(c)(3) of title 10, United States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘more than two academies’’ and inserting ‘‘more than four academies’’; and 

(2) in subparagraph (B), by striking ‘‘in excess of two’’ 

both places it appears and inserting ‘‘in excess of four’’. 

SEC. 593. GIFT ACCEPTANCE AUTHORITY. 

(a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON BEHALF OF

THE WOUNDED.—Section 2601(b) of title 10, United States Code, 

is amended by striking paragraph (4). 

(b) LIMITATION ON SOLICITATION OF GIFTS.—The Secretary of 

Defense shall prescribe regulations implementing sections 2601 and 

2608 of title 10, United States Code, that prohibit the solicitation 

of any gift under such sections by any employee of the Department 

of Defense if the nature or circumstances of such solicitation would 

compromise the integrity or the appearance of integrity of any 

program of the Department of Defense or of any individual involved 

in such program. 

SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF UNIFORM DURING HOISTING, LOWERING, 

OR PASSING OF UNITED STATES FLAG. 

Section 9 of title 4, United States Code, is amended by striking 

‘‘all persons present’’ and all that follows through the end of the 

section and inserting the following: ‘‘all persons present in uniform 

should render the military salute. Members of the Armed Forces 

Regulations. 

10 USC 2601 

note. 


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and veterans who are present but not in uniform may render 

the military salute. All other persons present should face the flag 

and stand at attention with their right hand over the heart, or 

if applicable, remove their headdress with their right hand and 

hold it at the left shoulder, the hand being over the heart. Citizens 

of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at 

the moment the flag passes.’’. 

SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND 

RESERVE. 

Section 4332 of title 38, United States Code, is amended— 

(1) by redesignating paragraphs (2), (3), (4), (5), and (6) 

as paragraphs (3), (4), (5), (6), and (7) respectively; 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The number of cases reviewed by the Secretary of 

Defense under the National Committee for Employer Support 

of the Guard and Reserve of the Department of Defense during 

the fiscal year for which the report is made.’’; and 

(3) in paragraph (5), as so redesignated, by striking ‘‘(2), 

or (3)’’ and inserting ‘‘(2), (3), or (4)’’. 

SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214). 

The Secretary of Defense, in consultation with the Secretary 

of Veterans Affairs, shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) in order to permit a 

member of the Armed Forces, upon discharge or release from active 

duty in the Armed Forces, to elect that the DD–214 issued with 

regard to the member be forwarded to the following: 

(1) The Central Office of the Department of Veterans 

Affairs in the District of Columbia. 

(2) The appropriate office of the Department of Veterans 

Affairs for the State or other locality in which the member 

will first reside after such discharge or release. 

SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS 

OF THE ARMED FORCES FOR PERSONALITY DISORDER. 

(a) SECRETARY OF DEFENSE REPORT ON ADMINISTRATIVE SEPARATIONS BASED ON PERSONALITY DISORDER.— 

(1) REPORT REQUIRED.—Not later than April 1, 2008, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report on all cases of administrative separation from the Armed 

Forces of covered members of the Armed Forces on the basis 

of a personality disorder. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A statement of the total number of cases, by Armed 

Force, in which covered members of the Armed Forces 

have been separated from the Armed Forces on the basis 

of a personality disorder, and an identification of the various forms of personality disorder forming the basis for 

such separations. 

(B) A statement of the total number of cases, by Armed 

Force, in which covered members of the Armed Forces 

10 USC 1168 

note. 


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who have served in Iraq and Afghanistan since October 

2001 have been separated from the Armed Forces on the 

basis of a personality disorder, and the identification of 

the various forms of personality disorder forming the basis 

for such separations. 

(C) A summary of the policies, by Armed Force, controlling administrative separations of members of the Armed 

Forces based on personality disorder, and an evaluation 

of the adequacy of such policies for ensuring that covered 

members of the Armed Forces who may be eligible for 

disability evaluation due to mental health conditions are 

not separated from the Armed Forces on the basis of a 

personality disorder. 

(D) A discussion of measures being implemented to 

ensure that members of the Armed Forces who should 

be evaluated for disability separation or retirement due 

to mental health conditions are not processed for separation 

from the Armed Forces on the basis of a personality disorder, and recommendations regarding how members of 

the Armed Forces who may have been so separated from 

the Armed Forces should be provided with expedited review 

by the applicable board for the correction of military 

records. 

(b) COMPTROLLER GENERAL REPORT ON POLICIES ON ADMINISTRATIVE SEPARATION BASED ON PERSONALITY DISORDER.— 

(1) REPORT REQUIRED.—Not later than June 1, 2008, the 

Comptroller General shall submit to Congress a report evaluating the policies and procedures of the Department of Defense 

and of the military departments relating to the separation 

of members of the Armed Forces based on a personality disorder. 

(2) ELEMENTS.—The report required by paragraph (1) 

shall— 

(A) include an audit of a sampling of cases to determine 

the validity and clinical efficacy of the policies and procedures referred to in paragraph (1) and the extent, if any, 

of the divergence between the terms of such policies and 

procedures and the implementation of such policies and 

procedures; and 

(B) include a determination by the Comptroller General 

of whether, and to what extent, the policies and procedures 

referred to in paragraph (1)— 

(i) deviate from standard clinical diagnostic practices and current clinical standards; and 

(ii) provide adequate safeguards aimed at ensuring 

that members of the Armed Forces who suffer from 

mental health conditions (including depression, posttraumatic stress disorder, or traumatic brain injury) 

resulting from service in a combat zone are not separated from the Armed Forces on the basis of a personality disorder. 

(3) ALTERNATIVE SUBMISSION METHOD.—In lieu of submitting a separate report under this subsection, the Comptroller 

may include the evaluation, audit and determination required 

by this subsection as part of the study of mental health services 

required by section 723 of the Ronald W. Reagan National 


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Defense Authorization Act of 2005 (Public Law 108–375; 118 

Stat. 1989). 

(c) COVERED MEMBER OF THE ARMED FORCES DEFINED.—In 

this section, the term ‘‘covered member of the Armed Forces’’ 

includes the following: 

(1) Any member of a regular component of the Armed 

Forces who has served in Iraq or Afghanistan since October 

2001. 

(2) Any member of the Selected Reserve of the Ready 

Reserve of the Armed Forces who served on active duty in 

Iraq or Afghanistan since October 2001. 

SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE 

VIETNAM WAR. 

(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The Secretary of 

Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other 

programs and activities of the Federal Government, State and local 

governments, and other persons and organizations in commemoration of the Vietnam War. 

(b) SCHEDULE.—The Secretary of Defense shall determine the 

schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c). 

(c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.—The 

commemorative program may include activities and ceremonies to 

achieve the following objectives: 

(1) To thank and honor veterans of the Vietnam War, 

including personnel who were held as prisoners of war or listed 

as missing in action, for their service and sacrifice on behalf 

of the United States and to thank and honor the families 

of these veterans. 

(2) To highlight the service of the Armed Forces during 

the Vietnam War and the contributions of Federal agencies 

and governmental and non-governmental organizations that 

served with, or in support of, the Armed Forces. 

(3) To pay tribute to the contributions made on the home 

front by the people of the United States during the Vietnam 

War. 

(4) To highlight the advances in technology, science, and 

medicine related to military research conducted during the 

Vietnam War. 

(5) To recognize the contributions and sacrifices made by 

the allies of the United States during the Vietnam War. 

(d) NAMES AND SYMBOLS.—The Secretary of Defense shall have 

the sole and exclusive right to use the name ‘‘The United States 

of America Vietnam War Commemoration’’, and such seal, emblems, 

and badges incorporating such name as the Secretary may lawfully 

adopt. Nothing in this section may be construed to supersede rights 

that are established or vested before the date of the enactment 

of this Act. 

(e) COMMEMORATIVE FUND.— 

(1) ESTABLISHMENT AND ADMINISTRATION.—If the Secretary 

establishes the commemorative program under subsection (a), 

the Secretary the Treasury shall establish in the Treasury 

of the United States an account to be known as the ‘‘Department 

10 USC 113 note. 


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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.—The Secretary of Defense may establish a separate budget line for the commemorative program. 

In the budget justification materials submitted by the Secretary 

in support of the budget of the President for any fiscal year 

for which the Secretary establishes the separate budget line, 

the Secretary shall— 

(A) identify and explain any amounts expended for 

the commemorative program in the fiscal year preceding 

the budget request; 

(B) identify and explain the amounts being requested 

to support the commemorative program for the fiscal year 

of the budget request; and 

(C) present a summary of the fiscal status of the Fund. 

(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary of 

Defense may accept from any person voluntary services to 

be provided in furtherance of the commemorative program. 

The Secretary of Defense shall prohibit the solicitation of any 

voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of 

integrity of any program of the Department of Defense or 

of any individual involved in the program. 

(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Secretary may provide for reimbursement of incidental expenses 

incurred by a person providing voluntary services under this 

subsection. The Secretary shall determine which expenses are 

eligible for reimbursement under this paragraph. 

(g) FINAL REPORT.— 

(1) REPORT REQUIRED.—Not later than 60 days after the 

end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall 

submit to Congress a report containing an accounting of— 

(A) all of the funds deposited into and expended from 

the Fund; 

(B) any other funds expended under this section; and 

(C) any unobligated funds remaining in the Fund. 

Regulations. 


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(2) TREATMENT OF UNOBLIGATED FUNDS.—Unobligated 

amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the 

Fund until transferred by law. 

(h) LIMITATION ON EXPENDITURES.—Total expenditures from 

the Fund, using amounts appropriated to the Department of 

Defense, may not exceed $5,000,000 for fiscal year 2008 or for 

any subsequent fiscal year to carry out the commemorative program. 

(i) FUNDING.—Of the amount authorized to be appropriated pursuant to section 301(5) for Defense-wide activities, $1,000,000 

shall be available for deposit in the Fund for fiscal year 2008 

if the Fund is established under subsection (e). 

SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE 

ARTS, AND ARCHIVES PROGRAM OF THE CIVIL AFFAIRS 

AND MILITARY GOVERNMENT SECTIONS OF THE ARMED 

FORCES DURING AND FOLLOWING WORLD WAR II. 

Congress hereby— 

(1) recognizes the men and women who served in the 

Monuments, Fine Arts, and Archives program (MFAA) under 

the Civil Affairs and Military Government Sections of the 

United States Armed Forces for their heroic role in the 

preservation, protection, and restitution of monuments, works 

of art, and other artifacts of inestimable cultural importance 

in Europe and Asia during and following World War II; 

(2) recognizes that without their dedication and service, 

many more of the world’s artistic and historic treasures would 

have been destroyed or lost forever amidst the chaos and 

destruction of World War II; 

(3) acknowledges that the detailed catalogues, documentation, inventories, and photographs developed and compiled by 

MFAA personnel during and following World War II, have 

made, and continue to make, possible the restitution of stolen 

works of art to their rightful owners; and 

(4) commends and extols the members of the MFAA for 

establishing a precedent for action to protect cultural property 

in the event of armed conflict, and by their action setting 

a standard not just for one country, but for people of all nations 

to acknowledge and uphold. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2008 increase in military basic pay. 

Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary 

residence. 

Sec. 603. Extension and enhancement of authority for temporary lodging expenses 

for members of the Armed Forces in areas subject to major disaster declaration or for installations experiencing sudden increase in personnel 

levels. 

Sec. 604. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 605. Midmonth payment of basic pay for contributions of members of the uniformed services participating in Thrift Savings Plan. 


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Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and 

similar benefits for members of the uniformed services. 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to payment of other bonuses and special 

pays. 

Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers. 

Sec. 616. Increase in dental officer additional special pay. 

Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority 

to provide hardship duty pay in a lump sum. 

Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle 

crewmembers of multi-crew ships. 

Sec. 619. Reenlistment bonus for members of the Selected Reserve. 

Sec. 620. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 621. Availability of nuclear officer continuation pay for officers with more than 

26 years of commissioned service. 

Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention 

bonus. 

Sec. 623. Accession bonus for participants in the Armed Forces Health Professions 

Scholarship and Financial Assistance Program. 

Sec. 624. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Sec. 632. Survivors of deceased members eligible for transportation to attend burial 

ceremonies. 

Sec. 633. Allowance for participation of Reserves in electronic screening. 

Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling 

in connection with medical evacuation. 

Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training Corps 

instructors in hard-to-fill positions. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Expansion of combat-related special compensation eligibility. 

Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by 

reason of unemployability under termination of phase-in of concurrent 

receipt of retired pay and veterans’ disability compensation. 

Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for 

dependency and indemnity compensation. 

Sec. 644. Special survivor indemnity allowance for persons affected by required 

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Modification of authority of members of the Armed Forces to designate recipients for payment of death gratuity. 

Sec. 646. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service. 

Sec. 647. Commencement of receipt of non-regular service retired pay by members 

of the Ready Reserve on active Federal status or active duty for significant periods. 

Sec. 648. Computation of years of service for purposes of retired pay for non-regular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces. 

Sec. 652. Authorization of installment deductions from pay of employees of nonappropriated fund instrumentalities to collect indebtedness to the 

United States. 

Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities 

Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 

uniformed services. 

Sec. 662. Transitional provisions. 


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Subtitle G—Other Matters 

Sec. 671. Referral bonus authorities. 

Sec. 672. Expansion of education loan repayment program for members of the Selected Reserve. 

Sec. 673. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children. 

Sec. 674. Overseas naturalization for military spouses and children. 

Sec. 675. Modification of amount of back pay for members of Navy and Marine 

Corps selected for promotion while interned as prisoners of war during 

World War II to take into account changes in Consumer Price Index. 

Subtitle A—Pay and Allowances 

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

(a) RESCISSION OF PRIOR BASIC PAY ADJUSTMENT.—The adjustment made as of January 1, 2008, pursuant to section 4 of Executive 

Order No. 13454 (issued January 4, 2008), in elements of compensation of members of the uniformed services pursuant to section 

1009 of title 37, United States Code, is hereby rescinded in order 

to permit the 3.5 percent increase in monthly basic pay for members 

of the uniformed services required by subsection (b) to take effect 

as intended. 

(b) INCREASE IN BASIC PAY.—Effective as of January 1, 2008, 

the rates of monthly basic pay for members of the uniformed services are increased by 3.5 percent. 

SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS WITHOUT DEPENDENTS WHO ATTEND 

ACCESSION TRAINING WHILE MAINTAINING A PRIMARY 

RESIDENCE. 

(a) AVAILABILITY OF ALLOWANCE.—Section 403(g)(1) of title 37, 

United States Code, is amended— 

(1) by inserting ‘‘to attend accession training,’’ after ‘‘active 

duty’’ the first place it appears; and 

(2) by inserting a comma after ‘‘contingency operation’’ 

the first place it appears. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to months beginning on or after the 

date of the enactment of this Act. 

SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING EXPENSES FOR MEMBERS OF THE 

ARMED FORCES IN AREAS SUBJECT TO MAJOR DISASTER 

DECLARATION OR FOR INSTALLATIONS EXPERIENCING 

SUDDEN INCREASE IN PERSONNEL LEVELS. 

(a) MAXIMUM PERIOD OF RECEIPT OF EXPENSES.—Section 

404a(c)(3) of title 37, United States Code, is amended by striking 

‘‘20 days’’ and inserting ‘‘60 days’’. 

(b) EXTENSION OF AUTHORITY FOR INCREASE IN CERTAIN BAH.— 

Section 403(b)(7)(E) of such title is amended by striking ‘‘December 

31, 2008’’ and inserting ‘‘December 31, 2009’’. 

SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE. 

(a) CLARIFICATION REGARDING WHEN PAYMENTS REQUIRED.— Subsection (a) of section 910 of title 37, United States Code, is 

amended by inserting before the period at the end of the first 

37 USC 403 note. 

Effective date. 

37 USC 1009 

note. 


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sentence the following: ‘‘, when the total monthly military compensation of the member is less than the average monthly civilian income 

of the member’’. 

(b) ELIGIBILITY.—Subsection (b) of such section is amended 

to read as follows: 

‘‘(b) ELIGIBILITY.—(1) A member of a reserve component is 

entitled to a payment under this section for any full month of 

active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian 

income of the member, while the member is on active duty under 

an involuntary mobilization order, following the date on which 

the member— 

‘‘(A) completes 547 continuous days of service on active 

duty under an involuntary mobilization order; 

‘‘(B) completes 730 cumulative days on active duty under 

an involuntary mobilization order during the previous 1,826 

days; or 

‘‘(C) is involuntarily mobilized for service on active duty 

for a period of 180 days or more within 180 days after the 

date of the member’s separation from a previous period of 

active duty for a period of 180 days or more. 

‘‘(2) The entitlement of a member of a reserve component to 

a payment under this section also shall commence or, if previously 

commenced under paragraph (1), shall continue if the member— 

‘‘(A) satisfies the required number of days on active duty 

specified in subparagraph (A) or (B) of paragraph (1) or was 

involuntarily mobilized as provided in subparagraph (C) of such 

paragraph; and 

‘‘(B) is retained on active duty under subparagraph (A) 

or (B) of section 12301(h)(1) of title 10 because of an injury 

or illness incurred or aggravated while the member was 

assigned to duty in an area for which special pay under section 

310 of this title is available.’’. 

(c) TERMINATION OF AUTHORITY.—Subsection (g) of such section 

is amended to read as follows: 

‘‘(g) TERMINATION.—No payment shall be made to a member 

under this section for months beginning after December 31, 2008, 

unless the entitlement of the member to payments under this 

section commenced on or before that date.’’. 

SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS 

OF MEMBERS OF THE UNIFORMED SERVICES PARTICIPATING IN THRIFT SAVINGS PLAN. 

(a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CONTRIBUTIONS.— 

Section 1014 of title 37, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(c) With respect to a member of the uniformed services who 

has elected to participate in the Thrift Savings Plan under section 

211 of this title, subsection (a) does not preclude the payment 

of an amount equal to one-half of the monthly deposit to the 

Thrift Savings Fund otherwise to be made by the member in participating in the Plan, which amount may be deposited in the Thrift 

Savings Fund at midmonth.’’. 

(b) SEMI-MONTHLY REPAYMENT OF BORROWED AMOUNTS.—Section 211 of such title is amended by adding at the end the following 

new subsection: 


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‘‘(e) REPAYMENT OF AMOUNTS BORROWED FROM MEMBER

ACCOUNT.—If a loan is issued to a member under section 8433(g) 

of title 5 from funds in the member’s account in the Thrift Savings 

Plan, repayment of the loan may be required on the same semimonthly basis as authorized for contributions to the Thrift Savings 

Fund on behalf of the member under section 1014(c) of this title.’’. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAYMENT OF 

BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS FOR 

MEMBERS OF THE UNIFORMED SERVICES. 

(a) RETROACTIVE EFFECTIVE DATE FOR PAYMENT AUTHORITIES.—The amendments made by sections 611, 612, 613, and 614 

shall take effect as of December 31, 2007. 

(b) RATIFICATION OF EXISTING CONTINGENT AGREEMENTS.—In 

the case of a provision of title 10 or 37, United States Code, 

amended by section 611, 612, 613, or 614 under which an individual 

must enter into an agreement with the Secretary concerned for 

receipt of a bonus, special pay, or similar benefit, the Secretary 

concerned may treat any agreement entered into under such a 

provision during the period beginning on January 1, 2008, and 

ending on the date of the enactment of this Act as having taken 

effect as of the date on which the agreement was signed by the 

individual. 

(c) TEMPORARY ADDITIONAL AGREEMENT AUTHORITY.— 

(1) AUTHORITY.—In the case of a provision of title 10 or 

37, United States Code, amended by section 611, 612, 613, 

or 614 under which an individual must enter into an agreement 

with the Secretary concerned for receipt of a bonus, special 

pay, or similar benefit, the Secretary concerned, during the 

120-day period beginning on the date of the enactment of this 

Act, may treat any agreement entered into under such a provision by an individual described in paragraph (2) as having 

been signed by the individual during the period beginning 

on January 1, 2008, and ending on the date of the enactment 

of this Act. 

(2) COVERED INDIVIDUALS.—An individual referred to in 

paragraph (1) is an individual who would have met all of 

the qualifications for a bonus, special pay, or similar benefit 

under a provision of title 10 or 37, United States Code, amended 

by section 611, 612, 613, or 614 at any time during the period 

beginning on January 1, 2008, and ending on the date of 

the enactment of this Act, but for the fact that the statutory 

authority for the bonus, special pay, or similar benefit lapsed 

on December 31, 2007. 

(d) TAX TREATMENT.—The payment of a bonus, special pay, 

or similar benefit under a provision of title 10 or 37, United States 

Code, amended by section 611, 612, 613, or 614 to an individual 

who would have been entitled to the tax treatment accorded by 

section 112 of the Internal Revenue Code of 1986 on the date 

on which the member would have otherwise earned the bonus, 

special pay, or similar benefit, but for the fact that the statutory 

authority for the bonus, special pay, or similar benefit lapsed on 

10 USC 2130a 

note. 


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122 STAT. 148 PUBLIC LAW 110–181—JAN. 28, 2008 

December 31, 2007, shall be treated as covered by such section 

112. 

(e) RETROACTIVE IMPLEMENTATION OF ARMY REFERRAL

BONUS.—The Secretary of the Army may pay a bonus under section 

3252 of title 10, United States Code, as added by section 671(a)(1), 

to an individual referred to in subsection (a)(2) of such section 

3252 who made a referral, as described in subsection (b) of such 

section 3252, to an Army recruiter during the period beginning 

on January 1, 2008, and ending on the date of the enactment 

of this Act. 

(f) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ has the meaning given that term in section 

101(5) of title 37, United States Code. 

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

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g) 

of title 37, United States Code, is amended by striking ‘‘December 

31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.— Section 308c(i) of such title is amended by striking ‘‘December 

31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 

by striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT

PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by 

striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS

FOR PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title 

is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH

PRIOR SERVICE.—Section 308i(f) of such title is amended by striking 

‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

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

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of such title is amended by striking ‘‘January 1, 2008’’ 

and inserting ‘‘January 1, 2009’’. 

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 

302e(a)(1) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 

(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

302g(e) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section 

302h(a)(1) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 


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(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section 

302j(a) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 

(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY

SHORT WARTIME SPECIALTIES.—Section 302k(f) of such title is 

amended by striking ‘‘December 31, 2007’’ and inserting ‘‘December 

31, 2008’’. 

(i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN

CRITICALLY SHORT WARTIME SPECIALTIES.—Section 302l(g) of such 

title is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

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

NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(f) of title 37, United States 

Code, is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 

such title is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 

OTHER BONUSES AND SPECIAL PAYS. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 

31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 

308(g) of such title is amended by striking ‘‘December 31, 2007’’ 

and inserting ‘‘December 31, 2008’’. 

(c) ENLISTMENT BONUS.—Section 309(e) of such title is amended 

by striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 323(i) of 

such title is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.— 

Section 324(g) of such title is amended by striking ‘‘December 

31, 2007’’ and inserting ‘‘December 31, 2008’’. 

(f) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g) 

of such title is amended by striking ‘‘December 31, 2007’’ and 

inserting ‘‘December 31, 2008’’. 

(g) ACCESSION BONUS FOR OFFICER CANDIDATES.—Section 330(f) 

of such title is amended by striking ‘‘December 31, 2007’’ and 

inserting ‘‘December 31, 2008’’. 

(h) PROHIBITION ON CHARGES FOR MEALS RECEIVED AT MILITARY TREATMENT FACILITIES BY MEMBERS RECEIVING CONTINUOUS

CARE.—Section 402(h)(3) of such title is amended by striking 

‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 


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SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR 

RETENTION BONUS FOR MEDICAL OFFICERS. 

(a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of title 37, 

United States Code, is amended by striking ‘‘$50,000’’ and inserting 

‘‘$75,000’’. 

(b) MULTIYEAR RETENTION BONUS.—Section 301d(a)(2) of title 

37, United States Code, is amended by striking ‘‘$50,000’’ and 

inserting ‘‘$75,000’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to agreements entered into under section 

301d(a) or 302b(c) of title 37, United States Code, on or after 

the date of the enactment of this Act. 

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

(a) INCREASE.—Section 302b(a)(4) of title 37, United States 

Code, is amended— 

(1) in the matter preceding subparagraph (A), by striking 

‘‘at the following rates’’ and inserting ‘‘at a rate determined 

by the Secretary concerned, which rate may not exceed the 

following’’; 

(2) in subparagraph (A), by striking ‘‘$4,000’’ and inserting 

‘‘$10,000’’; and 

(3) in subparagraph (B), by striking ‘‘$6,000’’ and inserting 

‘‘$12,000’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to agreements entered into under section 

302b(b) of title 37, United States Code, on or after the date of 

the enactment of this Act. 

SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY 

PAY AND AUTHORITY TO PROVIDE HARDSHIP DUTY PAY 

IN A LUMP SUM. 

Section 305 of title 37, United States Code, is amended to 

read as follows: 

‘‘§ 305. Special pay: hardship duty pay 

‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a uniformed 

service who is entitled to basic pay may be paid special pay under 

this section while the member is performing duty that is designated 

by the Secretary of Defense as hardship duty. 

‘‘(b) PAYMENT ON MONTHLY OR LUMP SUM BASIS.—Special pay 

payable under this section may be paid on a monthly basis or 

in a lump sum. 

‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The monthly rate of special pay payable to a member under this section may not exceed 

$1,500. 

‘‘(2) The amount of the lump sum payment of special pay 

payable to a member under this section may not exceed the product 

of— 

‘‘(A) the maximum monthly rate in effect under paragraph 

(1) at the time the member qualifies for payment of special 

pay under this section; and 

‘‘(B) the number of months during which the member will 

be performing the designated hardship duty. 

‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 

pay paid to a member under this section is in addition to any 

other pay and allowances to which the member is entitled. 

37 USC 302b 

note. 

37 USC 301d 

note. 


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‘‘(e) REPAYMENT.—A member who is paid special pay in a lump 

sum under this section, but who fails to perform the designated 

hardship duty during the months included in the calculation of 

the amount of the lump sum under subsection (c)(2), shall be 

subject to the repayment provisions of section 303a(e) of this title. 

‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for the payment of hardship duty pay under this section, 

including the specific monthly rates at which the special pay will 

be available.’’. 

SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE 

SERVICE AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW 

SHIPS. 

Section 305a(e)(1)(A) of title 37, United States Code, is 

amended— 

(1) by striking ‘‘or’’ at the end of clause (ii); and 

(2) by adding at the end the following new clause: 

‘‘(iv) while serving as an off-cycle crewmember of a 

multi-crewed ship; or’’. 

SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED 

RESERVE. 

(a) MINIMUM TERM OF REENLISTMENT OR ENLISTMENT EXTENSION.—Subsection (a)(2) of 308b of title 37, United States Code, 

is amended by striking ‘‘his enlistment for a period of three years 

or for a period of six years’’ and inserting ‘‘an enlistment for a 

period of at least three years’’. 

(b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) of such section 

is amended by striking ‘‘may not exceed’’ and all that follows 

through the end of the paragraph and inserting ‘‘may not exceed 

$15,000.’’. 

(c) CONFORMING AMENDMENTS REGARDING ELIGIBILITY

REQUIREMENTS.—Subsection (c) of such section is amended— 

(1) by striking the subsection heading and all that follows 

through ‘‘(2) In the case’’ and inserting ‘‘WAIVER OF CONDITION

ON ELIGIBILITY.—In the case’’; and 

(2) by striking ‘‘paragraph (1)(B) or’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to reenlistments or extensions of enlistment 

that occur on or after the date of the enactment of this Act. 

SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS 

FOR PERSONS WHO PREVIOUSLY SERVED IN THE ARMED 

FORCES FOR A SHORT PERIOD. 

Section 308c(c)(1) of title 37, United States Code, is amended 

by inserting before the semicolon the following: ‘‘or has served 

in the armed forces, but was released from such service before 

completing the basic training requirements of the armed force of 

which the person was a member and the service was characterized 

as either honorable or uncharacterized’’. 

SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY 

FOR OFFICERS WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE. 

(a) INCREASE.—Section 312 of title 37, United States Code, 

is amended— 

(1) in subsection (a)(3), by striking ‘‘26 years’’ and inserting 

‘‘30 years’’; and 

37 USC 308b 

note. 


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(2) in subsection (e)(1), by striking ‘‘the end of 26 years 

of commissioned service’’ and inserting ‘‘the maximum number 

of years of commissioned service authorized by subsection 

(a)(3)’’. 

(b) EFFECT ON EXISTING AGREEMENTS.—The Secretary of the 

Navy and an officer of the naval service who is a party to an 

agreement under section 312 of title 37, United States Code, that 

was entered into before the date of the enactment of this Act 

may revise the agreement to reflect the new limitation on the 

number of years of commissioned service that the officer may serve 

while remaining eligible for special pay under such section. 

SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF 

CRITICAL SKILLS RETENTION BONUS. 

Section 323(e) of title 37, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(4) The Secretary of Defense, or the Secretary of Homeland 

Security with respect to the Coast Guard when it is not operating 

as a service in the Navy, may waive the limitations in paragraph 

(1) with respect to a member who, during the period of active 

duty or service in an active status in a reserve component for 

which the bonus is being offered, is assigned duties in a skill 

designated as critical under subsection (b)(1). The authority to 

grant a waiver under this paragraph may not be delegated below 

the Under Secretary of Defense for Personnel and Readiness or 

the Deputy Secretary of the Department of Homeland Security.’’. 

SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED 

FORCES HEALTH PROFESSIONS SCHOLARSHIP AND 

FINANCIAL ASSISTANCE PROGRAM. 

(a) ACCESSION BONUS AUTHORIZED.—Subchapter I of chapter 

105 of title 10, United States Code, is amended by adding at 

the end the following new section: 

‘‘§ 2128. Accession bonus for members of the program 

‘‘(a) AVAILABILITY OF BONUS.—The Secretary of Defense may 

offer a person who enters into an agreement under section 

2122(a)(2) of this title an accession bonus of not more than $20,000 

as part of the agreement. 

‘‘(b) RELATION TO OTHER PAYMENTS.—An accession bonus paid 

a person under this section is in addition to any other amounts 

payable to the person under this subchapter. 

‘‘(c) REPAYMENT.—A person who receives an accession bonus 

under this section, but fails to comply with the agreement under 

section 2122(a)(2) of this title or to commence or complete the 

active duty obligation imposed by section 2123 of this title, shall 

be subject to the repayment provisions of section 303a(e) of title 

37.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item: 

‘‘2128. Accession bonus for members of the program.’’. 

(c) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to agreements entered into under section 

2122(a)(2) of title 10, United States Code, on or after the date 

of the enactment of this Act. 

10 USC 2128 

note. 

37 USC 312 note. 


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SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE 

MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN 

22 MONTHS. 

(a) PAYMENT.—The Secretary of a military department may 

pay assignment incentive pay under section 307a of title 37, United 

States Code, to a member of a reserve component under the jurisdiction of the Secretary for each month during the eligibility period 

of the member determined under subsection (b) during which the 

member served for any portion of the month in a combat zone 

associated with Operating Enduring Freedom or Operation Iraqi 

Freedom in excess of 22 months of qualifying service. 

(b) ELIGIBILITY PERIOD.—The eligibility period for a member 

extends from January 1, 2005, through the end of the active duty 

service of the member in a combat zone associated with Operating 

Enduring Freedom or Operation Iraqi Freedom if the service on 

active duty during the member’s most recent period of mobilization 

to active duty began before January 19, 2007. 

(c) AMOUNT OF PAYMENT.—The monthly rate of incentive pay 

payable to a member under this section is $1,000. 

(d) QUALIFYING SERVICE.—For purposes of this section, qualifying service includes cumulative mobilized service on active duty 

under sections 12301(d), 12302, and 12304 of title 10, United States 

Code, during the period beginning on January 1, 2003, through 

the end of the member’s active duty service during the member’s 

most recent period of mobilization to active duty beginning before 

January 19, 2007. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR 

CERTAIN SELECTED RESERVE MEMBERS. 

(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 408 the following new 

section: 

‘‘§ 408a. Travel and transportation allowances: inactive duty 

training outside of normal commuting distances 

‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary concerned may 

reimburse an eligible member of the Selected Reserve of the Ready 

Reserve for travel expenses for travel to an inactive duty training 

location to perform inactive duty training when the member is 

required to commute a distance from the member’s permanent 

residence to the inactive duty training location that is outside 

the normal commuting distance (as determined under the regulations prescribed under subsection (d)) for that commute. 

‘‘(b) ELIGIBLE MEMBERS.—To be eligible for reimbursement 

under subsection (a), a member of the Selected Reserve of the 

Ready Reserve must be— 

‘‘(1) qualified in a skill designated as critically short by 

the Secretary concerned; 

‘‘(2) assigned to a unit of the Selected Reserve with a 

critical manpower shortage or in a pay grade in the member’s 

reserve component with a critical manpower shortage; or 

37 USC 307a 

note. 


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‘‘(3) assigned to a unit or position that is disestablished 

or relocated as a result of defense base closure or realignment 

or another force structure reallocation. 

‘‘(c) MAXIMUM REIMBURSEMENT AMOUNT.—The amount of 

reimbursement provided a member under subsection (a) for each 

round trip to a training location may not exceed $300. 

‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe 

regulations to carry out this section. Regulations prescribed by 

the Secretary of a military department shall be subject to the 

approval of the Secretary of Defense. 

‘‘(e) TERMINATION.—No reimbursement may be provided under 

this section for travel that occurs after December 31, 2010.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 7 of such title is amended by inserting 

after the item relating to section 408 the following new item: 

‘‘408a. Travel and transportation allowances: inactive duty training outside of normal commuting distances.’’. 

(b) APPLICATION OF AMENDMENT.—No reimbursement may be 

provided under section 408a of title 37, United States Code, as 

added by subsection (a), for travel costs incurred before the date 

of the enactment of this Act. 

SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR 

TRANSPORTATION TO ATTEND BURIAL CEREMONIES. 

(a) ELIGIBLE RELATIVES.—Paragraph (1) of section 411f(c) of 

title 37, United States Code, is amended— 

(1) by striking subparagraph (B) and inserting the following 

new subparagraph: 

‘‘(B) The child or children of the deceased member 

(including stepchildren, adopted children, and illegitimate children).’’; and 

(2) by adding at the end the following new subparagraphs: 

‘‘(D) The sibling or siblings of the deceased member. 

‘‘(E) The person who directs the disposition of the remains 

of the deceased member under section 1482(c) of title 10 or, 

in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, 

the person who would have been designated under such section 

to direct the disposition of the remains if individual identification had been made.’’. 

(b) OTHER PERSONS.—Paragraph (2) of such section is amended 

to read as follows: 

‘‘(2) If no person described in subparagraphs (A) through (D) 

of paragraph (1) is provided travel and transportation allowances 

under subsection (a)(1), the travel and transportation allowances 

may be provided to one or two other persons who are closely 

related to the deceased member and are selected by the person 

referred to in paragraph (1)(E). A person provided travel and 

transportation allowances under this paragraph is in addition to 

the person referred to in paragraph (1)(E).’’. 

SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC SCREENING. 

(a) ALLOWANCE FOR PARTICIPATION IN ELECTRONIC

SCREENING.— 

37 USC 408a 

note. 


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(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 433 the following new 

section: 

‘‘§ 433a. Allowance for participation in Ready Reserve 

screening 

‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under regulations prescribed by the Secretaries concerned, a member of the Individual 

Ready Reserve may be paid a stipend for participation in the 

screening performed pursuant to section 10149 of title 10, in lieu 

of muster duty performed under section 12319 of title 10, if such 

participation is conducted through electronic means. 

‘‘(2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation 

in the screening described in paragraph (1), and shall constitute 

payment in full to the member for participation in such screening, 

regardless of the grade or rank in which the member is serving. 

‘‘(b) MAXIMUM PAYMENT.—The aggregate amount of the stipend 

paid a member of the Individual Ready Reserve under this section 

in any calendar year may not exceed $50. 

‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend authorized by 

this section may not be disbursed in kind. 

‘‘(2) Payment of a stipend to a member of the Individual Ready 

Reserve under this section for participation in screening shall be 

made on or after the date of participation in such screening, but 

not later than 30 days after such date.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 7 of such title is amended by inserting 

after the item relating to section 433 the following new item: 

‘‘433a. Allowance for participation in Ready Reserve screening.’’. 

(b) BAR TO DUAL COMPENSATION.—Section 206 of such title 

is amended by adding at the end the following new subsection: 

‘‘(f) A member of the Individual Ready Reserve is not entitled 

to compensation under this section for participation in screening 

for which the member is paid a stipend under section 433a of 

this title.’’. 

(c) BAR TO RETIREMENT CREDIT.—Section 12732(b) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(8) Service in the screening performed pursuant to section 

10149 of this title through electronic means, regardless of 

whether or not a stipend is paid the member concerned for 

such service under section 433a of title 37.’’. 

SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF 

THE ARMED FORCES TRAVELING IN CONNECTION WITH 

MEDICAL EVACUATION. 

Section 1047(a) of title 10, United States Code, is amended 

by inserting ‘‘and luggage’’ after ‘‘civilian clothing’’ both places it 

appears. 

SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE 

OFFICERS’ TRAINING CORPS INSTRUCTORS IN HARD-TOFILL POSITIONS. 

Section 2031 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

Regulations. 


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‘‘(f)(1) When determined by the Secretary of the military department concerned to be in the national interest and agreed upon 

by the institution concerned, the institution may reimburse a Junior 

Reserve Officers’ Training Corps instructor for moving expenses 

incurred by the instructor to accept employment at the institution 

in a position that the Secretary concerned determines is hardto-fill for geographic or economic reasons. 

‘‘(2) As a condition on providing reimbursement under paragraph (1), the institution shall require the instructor to execute 

a written agreement to serve a minimum of two years of employment at the institution in the hard-to-fill position. 

‘‘(3) Any reimbursement provided to an instructor under paragraph (1) is in addition to the minimum instructor pay otherwise 

payable to the instructor. 

‘‘(4) The Secretary concerned shall reimburse an institution 

providing reimbursement to an instructor under paragraph (1) in 

an amount equal to the amount of the reimbursement paid by 

the institution under that paragraph. Any reimbursement provided 

by the Secretary concerned shall be provided from funds appropriated for that purpose. 

‘‘(5) The provision of reimbursement under paragraph (1) or 

(4) shall be subject to regulations prescribed by the Secretary of 

Defense for purposes of this subsection.’’. 

Subtitle D—Retired Pay and Survivor 

Benefits 

SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 

ELIGIBILITY. 

(a) EXPANDED ELIGIBILITY FOR CHAPTER 61 MILITARY

RETIREES.—Subsection (c) of section 1413a of title 10, United States 

Code, is amended by striking ‘‘entitled to retired pay who—’’ and 

all that follows and inserting ‘‘who— 

‘‘(1) is entitled to retired pay (other than by reason of 

section 12731b of this title); and 

‘‘(2) has a combat-related disability.’’. 

(b) COMPUTATION.—Paragraph (3) of subsection (b) of such section is amended— 

(1) by striking ‘‘In the case of’’ and inserting the following: 

‘‘(A) GENERAL RULE.—In the case of’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN

20 YEARS OF SERVICE.—In the case of an eligible combatrelated disabled uniformed services retiree who is retired 

under chapter 61 of this title with fewer than 20 years 

of creditable service, the amount of the payment under 

paragraph (1) for any month shall be reduced by the 

amount (if any) by which the amount of the member’s 

retired pay under chapter 61 of this title exceeds the 

amount equal to 21⁄2 percent of the member’s years of 

creditable service multiplied by the member’s retired pay 

base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2008, and shall apply to payments 

for months beginning on or after that date. 

Applicability. 

10 USC 1413a 

note. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 157 

SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED 

DISABILITIES RATED AS TOTAL BY REASON OF 

UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN 

OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION. 

(a) INCLUSION OF VETERANS.—Section 1414(a)(1) of title 10, 

United States Code, is amended by striking ‘‘except that’’ and 

all that follows and inserting ‘‘except that payment of retired pay 

is subject to subsection (c) only during the period beginning on 

January 1, 2004, and ending on December 31, 2004, in the case 

of the following: 

‘‘(A) A qualified retiree receiving veterans’ disability 

compensation for a disability rated as 100 percent. 

‘‘(B) A qualified retiree receiving veterans’ disability 

compensation at the rate payable for a 100 percent disability by reason of a determination of individual 

unemployability.’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—Subject to paragraph (2), the amendment 

made by subsection (a) shall take effect as of December 31, 

2004. 

(2) TIMING OF PAYMENT OF RETROACTIVE BENEFITS.—Any 

amount payable for a period before October 1, 2008, by reason 

of the amendment made by subsection (a) shall not be paid 

until after that date. 

SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, 

BUT SUBJECT TO OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) LIMITATION ON RECOUPMENT; NOTIFICATION REQUIREMENTS.—Section 1450(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET AMOUNT.—Any 

amount subject to offset under this subsection that was previously paid to the surviving spouse or former spouse shall 

be recouped only to the extent that the amount paid exceeds 

any amount to be refunded under subsection (e). In notifying 

a surviving spouse or former spouse of the recoupment requirement, the Secretary shall provide the spouse or former spouse— 

‘‘(A) a single notice of the net amount to be recouped 

or the net amount to be refunded, as applicable, under 

this subsection or subsection (e); 

‘‘(B) a written explanation of the statutory requirements for recoupment of the offset amount and for refund 

of any applicable amount deducted from retired pay; 

‘‘(C) a detailed accounting of how the offset amount 

being recouped and retired pay deduction amount being 

refunded were calculated; and 

‘‘(D) contact information for a person who can provide 

information about the offset recoupment and retired pay 

deduction refund processes and answer questions the surviving spouse or former spouse may have about the requirements, processes, or amounts.’’. 

(b) 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. 

10 USC 1450 

note. 

10 USC 1414 

note. 


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122 STAT. 158 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS 

AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN 

ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY 

COMPENSATION. 

Section 1450 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 

‘‘(1) PROVISION OF ALLOWANCE.—The Secretary concerned 

shall pay a monthly special survivor indemnity allowance under 

this subsection to the surviving spouse or former spouse of 

a member of the uniformed services to whom section 1448 

of this title applies if— 

‘‘(A) the surviving spouse or former spouse is entitled 

to dependency and indemnity compensation under section 

1311(a) of title 38; 

‘‘(B) except for subsection (c) of this section, the surviving spouse or former spouse is eligible for an annuity 

by reason of a participant in the Plan under section 

1448(a)(1) of this title; and 

‘‘(C) the eligibility of the surviving spouse or former 

spouse for an annuity as described in subparagraph (B) 

is affected by subsection (c) of this section. 

‘‘(2) AMOUNT OF PAYMENT.—Subject to paragraph (3), the 

amount of the allowance paid to an eligible survivor under 

paragraph (1) for a month shall be equal to— 

‘‘(A) for months during fiscal year 2009, $50; 

‘‘(B) for months during fiscal year 2010, $60; 

‘‘(C) for months during fiscal year 2011, $70; 

‘‘(D) for months during fiscal year 2012, $80; 

‘‘(E) for months during fiscal year 2013, $90; and 

‘‘(F) for months after fiscal year 2013, $100. 

‘‘(3) LIMITATION.—The amount of the allowance paid to 

an eligible survivor under paragraph (1) for any month may 

not exceed the amount of the annuity for that month that 

is subject to offset under subsection (c). 

‘‘(4) STATUS OF PAYMENTS.—An allowance paid under this 

subsection does not constitute an annuity, and amounts so 

paid are not subject to adjustment under any other provision 

of law. 

‘‘(5) SOURCE OF FUNDS.—The special survivor indemnity 

allowance shall be paid from amounts in the Department of 

Defense Military Retirement Fund established under section 

1461 of this title. 

‘‘(6) EFFECTIVE DATE AND DURATION.—This subsection shall 

only apply with respect to the month beginning on October 

1, 2008, and subsequent months through the month ending 

on February 28, 2016. Effective on March 1, 2016, the authority 

provided by this subsection shall terminate. No special survivor 

indemnity allowance may be paid to any person by reason 

of this subsection for any period before October 1, 2008, or 

beginning on or after March 1, 2016.’’. 

SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED 

FORCES TO DESIGNATE RECIPIENTS FOR PAYMENT OF 

DEATH GRATUITY. 

(a) AUTHORITY TO DESIGNATE RECIPIENTS.—Section 1477 of title 

10, United States Code, is amended— 

Termination 

date. 

Applicability. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 159 

(1) by striking subsections (c) and (d); 

(2) by redesignating subsection (b) as subsection (d) and, 

in such subsection, by striking ‘‘Subsection (a)(2)’’ and inserting 

‘‘TREATMENT OF CHILDREN.—Subsection (b)(2)’’; and 

(3) by striking subsection (a) and inserting the following 

new subsections: 

‘‘(a) DESIGNATION OF RECIPIENTS.—(1) On and after July 1, 

2008, or such earlier date as the Secretary of Defense may prescribe, 

a person covered by section 1475 or 1476 of this title may designate 

one or more persons to receive all or a portion of the amount 

payable under section 1478 of this title. The designation of a person 

to receive a portion of the amount shall indicate the percentage 

of the amount, to be specified only in 10 percent increments, that 

the designated person may receive. The balance of the amount 

of the death gratuity, if any, shall be paid in accordance with 

subsection (b). 

‘‘(2) If a person covered by section 1475 or 1476 of this title 

has a spouse, but designates a person other than the spouse to 

receive all or a portion of the amount payable under section 1478 

of this title, the Secretary concerned shall provide notice of the 

designation to the spouse. 

‘‘(b) DISTRIBUTION OF REMAINDER; DISTRIBUTION IN ABSENCE

OF DESIGNATED RECIPIENT.—If a person covered by section 1475 

or 1476 of this title does not make a designation under subsection 

(a) or designates only a portion of the amount payable under section 

1478 of this title, the amount of the death gratuity not covered 

by a designation shall be paid as follows: 

‘‘(1) To the surviving spouse of the person, if any. 

‘‘(2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the 

descendants of any deceased children by representation. 

‘‘(3) If there is none of the above, to the surviving parents 

(as prescribed by subsection (c)) of the person or the survivor 

of them. 

‘‘(4) If there is none of the above, to the duly-appointed 

executor or administrator of the estate of the person. 

‘‘(5) If there is none of the above, to other next of kin 

of the person entitled under the laws of domicile of the person 

at the time of the person’s death. 

‘‘(c) TREATMENT OF PARENTS.—For purposes of subsection (b)(3), 

parents include fathers and mothers through adoption. However, 

only one father and one mother may be recognized in any case, 

and preference shall be given to those who exercised a parental 

relationship on the date, or most nearly before the date, on which 

the decedent entered a status described in section 1475 or 1476 

of this title.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.—Subsection (e) 

of such section is amended— 

(1) by inserting ‘‘EFFECT OF DEATH BEFORE RECEIPT OF

GRATUITY.—’’ after ‘‘(e)’’; 

(2) by striking ‘‘subsection (a) or (d)’’ and inserting ‘‘subsection (a) or (b)’’; and 

(3) by striking ‘‘subsection (a).’’ and inserting ‘‘subsection 

(b)’’. 

(c) EXISTING DESIGNATION AUTHORITY.—The authority provided 

by subsection (d) of section 1477 of title 10, United States Code, 

as in effect on the day before the date of the enactment of this 

Termination 

date. 

10 USC 1477 

note. 

Notification. 


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122 STAT. 160 PUBLIC LAW 110–181—JAN. 28, 2008 

Act, shall remain available to persons covered by section 1475 

or 1476 of such title until July 1, 2008, or such earlier date as 

the Secretary of Defense may prescribe, and any designation under 

such subsection made before July 1, 2008, or the earlier date 

prescribed by the Secretary, shall continue in effect until such 

time as the person who made the designation makes a new designation under such section 1477, as amended by subsection (a) of 

this section. 

(d) REGULATIONS.— (1) IN GENERAL.—Not later than April 1, 2008, the Secretary of Defense shall prescribe regulations to implement the 

amendments to section 1477 of title 10, United States Code, 

made by subsection (a). 

(2) ELEMENTS.—The regulations required by paragraph (1) 

shall include forms for the making of the designation contemplated by subsection (a) of section 1477 of title 10, United 

States Code, as amended by subsection (a) of this section, 

and instructions for members of the Armed Forces in the filling 

out of such forms. 

SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTIPLIER PERCENTAGE TO MEMBERS OF THE UNIFORMED 

SERVICES WITH OVER 30 YEARS OF SERVICE. 

(a) COMPUTATION OF RETIRED AND RETAINER PAY FOR MEMBERS

OF NAVAL SERVICE.—The table in section 6333(a) of title 10, United 

States Code, is amended in Column 2 of Formula A by striking 

‘‘75 percent.’’ and inserting ‘‘Retired pay multiplier prescribed under 

section 1409 for the years of service that may be credited to the 

member under section 1405.’’. 

(b) RETIRED PAY FOR CERTAIN MEMBERS RECALLED TO ACTIVE

DUTY.—The table in section 1402(a) of such title is amended by 

striking Column 3. 

(c) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) shall take effect as of January 1, 2007, and shall 

apply with respect to retired pay and retainer pay payable on 

or after that date. 

SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE 

RETIRED PAY BY MEMBERS OF THE READY RESERVE ON 

ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS. 

(a) REDUCED ELIGIBILITY AGE.—Section 12731 of title 10, 

United States Code, is amended— 

(1) in subsection (a), by striking paragraph (1) and inserting 

the following: 

‘‘(1) has attained the eligibility age applicable under subsection (f) to that person;’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f)(1) Subject to paragraph (2), the eligibility age for purposes 

of subsection (a)(1) is 60 years of age. 

‘‘(2)(A) In the case of a person who as a member of the Ready 

Reserve serves on active duty or performs active service described 

in subparagraph (B) after the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2008, the eligibility age 

for purposes of subsection (a)(1) shall be reduced below 60 years 

of age by three months for each aggregate of 90 days on which 

such person so performs in any fiscal year after such date, subject 

Applicability. 

10 USC 1402 

note. 

Deadline. 

10 USC 1477 

note. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 161 

to subparagraph (C). A day of duty may be included in only one 

aggregate of 90 days for purposes of this subparagraph. 

‘‘(B)(i) Service on active duty described in this subparagraph 

is service on active duty pursuant to a call or order to active 

duty under a provision of law referred to in section 101(a)(13)(B) 

or under section 12301(d) of this title. Such service does not include 

service on active duty pursuant to a call or order to active duty 

under section 12310 of this title. 

‘‘(ii) Active service described in this subparagraph is also service 

under a call to active service authorized by the President or the 

Secretary of Defense under section 502(f) of title 32 for purposes 

of responding to a national emergency declared by the President 

or supported by Federal funds. 

‘‘(C) The eligibility age for purposes of subsection (a)(1) may 

not be reduced below 50 years of age for any person under subparagraph (A).’’. 

(b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY

OF NON-REGULAR SERVICE RETIREES FOR HEALTH CARE.—Section 

1074(b) of such title is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Paragraph (1) does not apply to a member or former 

member entitled to retired pay for non-regular service under chapter 

1223 of this title who is under 60 years of age.’’. 

(c) ADMINISTRATION OF RELATED PROVISIONS OF LAW OR

POLICY.—With respect to any provision of law, or of any policy, 

regulation, or directive of the executive branch that refers to a 

member or former member of the uniformed services as being 

eligible for, or entitled to, retired pay under chapter 1223 of title 

10, United States Code, but for the fact that the member or former 

member is under 60 years of age, such provision shall be carried 

out with respect to that member or former member by substituting 

for the reference to being 60 years of age a reference to having 

attained the eligibility age applicable under subsection (f) of section 

12731 of title 10, United States Code (as added by subsection 

(a)), to such member or former member for qualification for such 

retired pay under subsection (a) of such section. 

SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF 

RETIRED PAY FOR NON-REGULAR SERVICE. 

Section 12733(3) of title 10, United States Code, is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period and 

inserting ‘‘before the year of service that includes October 30, 

2007; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) 130 days in the year of service that includes 

October 30, 2007, and in any subsequent year of service.’’. 

10 USC 12731 

note. 

President. 


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122 STAT. 162 PUBLIC LAW 110–181—JAN. 28, 2008 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE 

BENEFITS FOR CERTAIN INVOLUNTARILY SEPARATED 

MEMBERS OF THE ARMED FORCES. 

(a) RESUMPTION FOR MEMBERS INVOLUNTARILY SEPARATED

FROM ACTIVE DUTY.—Section 1146 of title 10, United States Code, 

is amended— 

(1) by inserting ‘‘(a) MEMBERS INVOLUNTARILY SEPARATED

FROM ACTIVE DUTY.—’’ before ‘‘The Secretary of Defense’’; 

(2) in the first sentence, by striking ‘‘October 1, 1990, 

and ending on December 31, 2001’’ and inserting ‘‘October 

1, 2007, and ending on December 31, 2012’’; and 

(3) in the second sentence, by striking ‘‘the period beginning 

on October 1, 1994, and ending on December 31, 2001’’ and 

inserting ‘‘the same period’’. 

(b) EXTENSION TO MEMBERS INVOLUNTARILY SEPARATED FROM

SELECTED RESERVE.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM SELECTED

RESERVE.—The Secretary of Defense shall prescribe regulations 

to allow a member of the Selected Reserve of the Ready Reserve 

who is involuntarily separated from the Selected Reserve as a 

result of the exercise of the force shaping authority of the Secretary 

concerned under section 647 of this title or other force shaping 

authority during the period beginning on October 1, 2007, and 

ending on December 31, 2012, to continue to use commissary and 

exchange stores during the two-year period beginning on the date 

of the involuntary separation of the member in the same manner 

as a member on active duty. The Secretary of Homeland Security 

shall implement this provision for Coast Guard members involuntarily separated during the same period.’’. 

SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY 

OF EMPLOYEES OF NONAPPROPRIATED FUND 

INSTRUMENTALITIES TO COLLECT INDEBTEDNESS TO 

THE UNITED STATES. 

Section 5514 of title 5, United States Code, is amended— 

(1) in subsection (a)(5), by inserting ‘‘any nonappropriated 

fund instrumentality described in section 2105(c) of this title,’’ 

after ‘‘Commission,’’; and 

(2) by adding at the end the following new subsection: 

‘‘(e) An employee of a nonappropriated fund instrumentality 

described in section 2105(c) of this title is deemed an employee 

covered by this section.’’. 

Regulations. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 163 

Subtitle F—Consolidation of Special Pay, 

Incentive Pay, and Bonus Authorities 

SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES OF THE UNIFORMED SERVICES. 

(a) CONSOLIDATION.—Chapter 5 of title 37, United States Code, 

is amended— 

(1) by inserting before section 301 the following subchapter 

heading: 

‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, 

AND BONUS AUTHORITIES’’; 

and 

(2) by adding at the end the following new subchapters: 

‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, 

INCENTIVE PAY, AND BONUS AUTHORITIES 

‘‘§ 331. General bonus authority for enlisted members 

‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary concerned 

may pay a bonus under this section to a person, including a member 

of the armed forces, who— 

‘‘(1) enlists in an armed force; 

‘‘(2) enlists in or affiliates with a reserve component of 

an armed force; 

‘‘(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve— 

‘‘(A) for a specified period in a designated career field, 

skill, or unit of an armed force; or 

‘‘(B) under other conditions of service in an armed 

force; 

‘‘(4) transfers from a regular component of an armed force 

to a reserve component of that same armed force or from 

a reserve component of an armed force to the regular component 

of that same armed force; or 

‘‘(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve 

component of another armed force, subject to the approval 

of the Secretary with jurisdiction over the armed force to which 

the member is transferring. 

‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by subsection 

(a) may be paid to a person or member only if the person or 

member agrees under subsection (d)— 

‘‘(1) to serve for a specified period in a designated career 

field, skill, unit, or grade; or 

‘‘(2) to meet some other condition or conditions of service 

imposed by the Secretary concerned. 

‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

‘‘(1) MAXIMUM AMOUNT.—The Secretary concerned shall 

determine the amount of a bonus to be paid under this section, 

except that— 

‘‘(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $50,000 for a minimum twoyear period of obligated service agreed to under subsection 

(d); 


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‘‘(B) a bonus paid under paragraph (3) of subsection 

(a) may not exceed $30,000 for each year of obligated 

service in a regular component agreed to under subsection 

(d); 

‘‘(C) a bonus paid under paragraph (3) of subsection 

(a) may not exceed $15,000 for each year of obligated 

service in a reserve component agreed to under subsection 

(d); and 

‘‘(D) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000. 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus under this 

section may be paid in a lump sum or in periodic installments, 

as determined by the Secretary concerned. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under 

the agreement shall be fixed. 

‘‘(d) WRITTEN AGREEMENT.—To receive a bonus under this section, a person or member determined to be eligible for the bonus 

shall enter into a written agreement with the Secretary concerned 

that specifies— 

‘‘(1) the amount of the bonus; 

‘‘(2) the method of payment of the bonus under subsection 

(c)(2); 

‘‘(3) the period of obligated service; and 

‘‘(4) the type or conditions of the service. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus 

paid to a person or member under this section is in addition 

to any other pay and allowance to which the person or member 

is entitled. 

‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUNTIES.—A bonus 

authorized under this section is not a bounty for purposes of section 

514(a) of title 10. 

‘‘(g) REPAYMENT.—A person or member who receives a bonus 

under this section and who fails to complete the period of service, 

or meet the conditions of service, for which the bonus is paid, 

as specified in the written agreement under subsection (d), shall 

be subject to the repayment provisions of section 373 of this title. 

‘‘(h) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘§ 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 


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‘‘(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve 

component of another uniformed service, subject to the approval 

of the Secretary with jurisdiction over the uniformed service 

to which the member is transferring. 

‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by subsection 

(a) may be paid to a person or officer only if the person or officer 

agrees under subsection (d)— 

‘‘(1) to serve for a specified period in a designated career 

field, skill, unit, or grade; or 

‘‘(2) to meet some other condition or conditions of service 

imposed by the Secretary concerned. 

‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— ‘‘(1) MAXIMUM AMOUNT.—The Secretary concerned shall 

determine the amount of a bonus to be paid under this section, 

except that— 

‘‘(A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year 

period of obligated service agreed to under subsection (d); 

‘‘(B) a bonus paid under paragraph (2) of subsection (a) may not exceed $12,000 for a minimum three-year 

period of obligated service agreed to under subsection (d); 

‘‘(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated 

service in a regular component agreed to under subsection 

(d); 

‘‘(D) a bonus paid under paragraph (3) of subsection 

(a) may not exceed $12,000 for each year of obligated 

service in a reserve component agreed to under subsection 

(d); and 

‘‘(E) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000. 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus under this 

section may be paid in a lump sum or in periodic installments, 

as determined by the Secretary concerned. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under 

the agreement shall be fixed. 

‘‘(d) WRITTEN AGREEMENT.—To receive a bonus under this section, a person or officer determined to be eligible for the bonus 

shall enter into a written agreement with the Secretary concerned 

that specifies— 

‘‘(1) the amount of the bonus; 

‘‘(2) the method of payment of the bonus under subsection 

(c)(2); 

‘‘(3) the period of obligated service; and 

‘‘(4) the type or conditions of the service. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—The 

bonus paid to a person or officer under this section is in addition 

to any other pay and allowance to which the person or officer 

is entitled. 

‘‘(f) REPAYMENT.—A person or officer who receives a bonus 

under this section and who fails to complete the period of service, 

or meet the conditions of service, for which the bonus is paid, 

as specified in the written agreement under subsection (d), shall 

be subject to the repayment provisions of section 373 of this title. 


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‘‘(g) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘§ 333. Special bonus and incentive pay authorities for 

nuclear officers 

‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of the Navy 

may pay a nuclear officer bonus under this section to a person, 

including an officer in the Navy, who— 

‘‘(1) is selected for the officer naval nuclear power training 

program in connection with the supervision, operation, and 

maintenance of naval nuclear propulsion plants and agrees 

to serve, upon completion of such training, on active duty 

in connection with the supervision, operation, and maintenance 

of naval nuclear propulsion plants; or 

‘‘(2) has the current technical and operational qualification 

for duty in connection with the supervision, operation, and 

maintenance of naval nuclear propulsion plants and agrees 

to remain on active duty in connection with the supervision, 

operation, and maintenance of naval nuclear propulsion plants. 

‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Secretary of the 

Navy may pay nuclear officer incentive pay under this section 

to an officer in the Navy who— 

‘‘(1) is entitled to basic pay under section 204 of this title; 

and 

‘‘(2) remains on active duty for a specified period while 

maintaining current technical and operational qualifications, 

as approved by the Secretary, for duty in connection with 

the supervision, operation, and maintenance of naval nuclear 

propulsion plants. 

‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary of the 

Navy may impose such additional criteria for the receipt of a 

nuclear officer bonus or nuclear officer incentive pay under this 

section as the Secretary determines to be appropriate. 

‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

‘‘(1) MAXIMUM AMOUNT.—The Secretary of the Navy shall 

determine the amounts of a nuclear officer bonus or nuclear 

officer incentive pay to be paid under this section, except that— 

‘‘(A) a nuclear officer bonus paid under subsection (a) 

may not exceed $35,000 for each 12-month period of the 

agreement under subsection (e); and 

‘‘(B) the amount of nuclear officer incentive paid under 

subsection (b) may not exceed $25,000 for each 12-month 

period of qualifying service. 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear officer bonus 

or nuclear officer incentive pay under this section may be 

paid in a lump sum or in periodic installments. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to 

be paid under the agreement shall be fixed. 

‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 

‘‘(1) AGREEMENT REQUIRED.—To receive a nuclear officer 

bonus under subsection (a), a person or officer determined 

to be eligible for the bonus shall enter into a written agreement 

with the Secretary of the Navy that specifies— 

‘‘(A) the amount of the bonus; 


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‘‘(B) the method of payment of the bonus under subsection (d)(2); 

‘‘(C) the period of obligated service; and 

‘‘(D) the type or conditions of the service. 

‘‘(2) REPLACEMENT AGREEMENT.—An officer who is performing obligated service under an agreement for a nuclear 

officer bonus may execute a new agreement to replace the 

existing agreement if the amount to be paid under the new 

agreement will be higher than the amount to be paid under 

the existing agreement. The period of the new agreement shall 

be equal to or exceed the remaining term of the period of 

the officer’s existing agreement. If a new agreement is executed 

under this paragraph, the existing agreement shall be cancelled, 

effective on the day before an anniversary date of the existing 

agreement occurring after the date on which the amount to 

be paid under this paragraph is increased. 

‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A nuclear 

officer bonus or nuclear officer incentive pay paid to a person 

or officer under this section is in addition to any other pay and 

allowance to which the person or officer is entitled, except that 

a person or officer may not receive a payment under this section 

and section 332 or 353 of this title for the same skill and period 

of service. 

‘‘(g) REPAYMENT.—A person or officer who receives a nuclear 

officer bonus or nuclear officer incentive pay under this section 

and who fails to complete the officer naval nuclear power training 

program, maintain required technical and operational qualifications, 

complete the period of service, or meet the types or conditions 

of service for which the bonus or incentive pay is paid, as specified 

in the written agreement under subsection (e) in the case of a 

nuclear officer bonus, shall be subject to the repayment provisions 

of section 373 of this title. 

‘‘(h) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of the Navy. 

‘‘(i) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘§ 334. Special aviation incentive pay and bonus authorities 

for officers 

‘‘(a) AVIATION INCENTIVE PAY.—The Secretary concerned may 

pay aviation incentive pay under this section to an officer in a 

regular or reserve component of a uniformed service who— 

‘‘(1) is entitled to basic pay under section 204 of this title 

or compensation under section 206 of this title; 

‘‘(2) maintains, or is in training leading to, an aeronautical 

rating or designation that qualifies the officer to engage in 

operational flying duty or proficiency flying duty; 

‘‘(3) engages in, or is in training leading to, frequent and 

regular performance of operational flying duty or proficiency 

flying duty; 

‘‘(4) engages in or remains in aviation service for a specified 

period; and 

‘‘(5) meets such other criteria as the Secretary concerned 

determines appropriate. 

‘‘(b) AVIATION BONUS.—The Secretary concerned may pay an 

aviation bonus under this section to an officer in a regular or 

reserve component of a uniformed service who— 


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‘‘(1) is entitled to aviation incentive pay under subsection 

(a); 

‘‘(2) has completed any active duty service commitment 

incurred for undergraduate aviator training or is within one 

year of completing such commitment; 

‘‘(3) executes a written agreement to remain on active 

duty in a regular component or to serve in an active status 

in a reserve component in aviation service for at least one 

year; and 

‘‘(4) meets such other criteria as the Secretary concerned 

determines appropriate. 

‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 

‘‘(1) MAXIMUM AMOUNT.—The Secretary concerned shall 

determine the amount of a bonus or incentive pay to be paid 

under this section, except that— 

‘‘(A) aviation incentive pay under subsection (a) shall 

be paid at a monthly rate, not to exceed $850 per month; 

and 

‘‘(B) an aviation bonus under subsection (b) may not 

exceed $25,000 for each 12-month period of obligated 

service agreed to under subsection (d). 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus under this 

section may be paid in a lump sum or in periodic installments, 

as determined by the Secretary concerned. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under 

the agreement shall be fixed. 

‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive an aviation 

officer bonus under this section, an officer determined to be eligible 

for the bonus shall enter into a written agreement with the Secretary concerned that specifies— 

‘‘(1) the amount of the bonus; 

‘‘(2) the method of payment of the bonus under subsection 

(c)(2); 

‘‘(3) the period of obligated service; and 

‘‘(4) the type or conditions of the service. 

‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING INACTIVE

DUTY TRAINING.—A reserve component officer who is entitled to 

compensation under section 206 of this title and who is authorized 

aviation incentive pay under this section may be paid an amount 

of incentive pay that is proportionate to the compensation received 

under section 206 for inactive-duty training. 

‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— 

‘‘(1) AVIATION INCENTIVE PAY.—Aviation incentive pay paid 

to an officer under subsection (a) shall be in addition to any 

other pay and allowance to which the officer is entitled, except 

that an officer may not receive a payment under such subsection 

and section 351 or 353 of this title for the same skill and 

period of service. 

‘‘(2) AVIATION BONUS.—An aviation bonus paid to an officer 

under subsection (b) shall be in addition to any other pay 

and allowance to which the officer is entitled, except that 

an officer may not receive a payment under such subsection 

and section 332 or 353 of this title for the same skill and 

period of service. 


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‘‘(g) REPAYMENT.—An officer who receives aviation incentive 

pay or an aviation bonus under this section and who fails to fulfill 

the eligibility requirements for the receipt of the incentive pay 

or bonus or complete the period of service for which the incentive 

pay or bonus is paid, as specified in the written agreement under 

subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) The term ‘aviation service’ means service performed 

by an officer in a regular or reserve component (except a flight 

surgeon or other medical officer) while holding an aeronautical 

rating or designation or while in training to receive an aeronautical rating or designation. 

‘‘(2) The term ‘operational flying duty’ means flying performed under competent orders by rated or designated regular 

or reserve component officers while serving in assignments 

in which basic flying skills normally are maintained in the 

performance of assigned duties as determined by the Secretary 

concerned, and flying performed by members in training that 

leads to the award of an aeronautical rating or designation. 

‘‘(3) The term ‘proficiency flying duty’ means flying performed under competent orders by rated or designated regular 

or reserve component officers while serving in assignments 

in which such skills would normally not be maintained in 

the performance of assigned duties. 

‘‘(4) The term ‘officer’ includes an individual enlisted and 

designated as an aviation cadet under section 6911 of title 

10. 

‘‘(i) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘§ 335. Special bonus and incentive pay authorities for officers in health professions 

‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary concerned 

may pay a health professions bonus under this section to a person, 

including an officer in the uniformed services, who is a graduate 

of an accredited school in a health profession and who— 

‘‘(1) accepts a commission or appointment as an officer 

in a regular or reserve component of a uniformed service, 

or affiliates with a reserve component of a uniformed service, 

and agrees to serve on active duty in a regular component 

or in an active status in a reserve component in a health 

profession; 

‘‘(2) accepts a commission or appointment as an officer 

and whose health profession specialty is designated by the 

Secretary of Defense as a critically short wartime specialty; 

or 

‘‘(3) agrees to remain on active duty or continue serving 

in an active status in a reserve component in a health profession. 

‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The Secretary concerned may pay incentive pay under this section to an officer 

in a regular or reserve component of a uniformed service who— 

‘‘(1) is entitled to basic pay under section 204 of this title 

or compensation under section 206 of this title; and 

‘‘(2) is serving on active duty or in an active status in 

a designated health profession specialty or skill. 


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‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The Secretary concerned may pay board certification incentive pay under this section 

to an officer in a regular or reserve component of a uniformed 

service who— 

‘‘(1) is entitled to basic pay under section 204 of this title 

or compensation under section 206 of this title; 

‘‘(2) is board certified in a designated health profession 

specialty or skill; and 

‘‘(3) is serving on active duty or in an active status in 

such designated health profession specialty or skill. 

‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary concerned may impose such additional criteria for the receipt of a 

bonus or incentive pay under this section as the Secretary determines to be appropriate. 

‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— ‘‘(1) MAXIMUM AMOUNT.—The Secretary concerned shall 

determine the amounts of a bonus or incentive pay to be paid 

under this section, except that— 

‘‘(A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $30,000 for each 12- 

month period of obligated service agreed to under subsection (f); 

‘‘(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000 for each 

12-month period of obligated service agreed to under subsection (f); 

‘‘(C) a health professions bonus paid under paragraph 

(3) of subsection (a) may not exceed $75,000 for each 12- 

month period of obligated service agreed to under subsection (f); 

‘‘(D) health professions incentive pay under subsection 

(b) may be paid monthly and may not exceed, in any 

12-month period— 

‘‘(i) $100,000 for medical officers and dental surgeons; and 

‘‘(ii) $15,000 for officers in other health professions; 

and 

‘‘(E) board certification incentive pay under subsection 

(c) may not exceed $6,000 for each 12-month period an 

officer remains certified in the designated health profession 

specialty or skill. 

‘‘(2) LUMP SUM OR INSTALLMENTS.—A health professions 

bonus under subsection (a) may be paid in a lump sum or 

in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) 

may be paid monthly, in a lump sum at the beginning of 

the certification period, or in periodic installments during the 

certification period, as determined by the Secretary concerned. 

‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus 

to be paid under the agreement shall be fixed. 

‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive a bonus 

under this section, an officer determined to be eligible for the 

bonus shall enter into a written agreement with the Secretary 

concerned that specifies— 

‘‘(1) the amount of the bonus; 


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‘‘(2) the method of payment of the bonus under subsection 

(e)(2); 

‘‘(3) the period of obligated service; 

‘‘(4) whether the service will be performed on active duty 

or in an active status in a reserve component; and 

‘‘(5) the type or conditions of the service. 

‘‘(g) RESERVE COMPONENT OFFICERS.—An officer in a reserve 

component authorized incentive pay under subsection (b) or (c) 

who is not serving on continuous active duty and is entitled to 

compensation under section 204 of this title or compensation under 

section 206 of this title may be paid a monthly amount of incentive 

pay that is proportionate to the basic pay or compensation received 

under this title. 

‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— ‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus paid to a person or officer under subsection (a) shall be in addition to any 

other pay and allowance to which the person or officer is 

entitled, except that a person or officer may not receive a 

payment under such subsection and section 332 of this title 

for the same period of obligated service. 

‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.—Incentive pay 

paid to an officer under subsection (b) shall be in addition 

to any other pay and allowance to which an officer is entitled, 

except that an officer may not receive a payment under such 

subsection and section 353 of this title for the same skill and 

period of service. 

‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.—Incentive pay 

paid to an officer under subsection (c) shall be in addition 

to any other pay and allowance to which an officer is entitled, 

except that an officer may not receive a payment under such 

subsection and section 353(b) of this title for the same skill 

and period of service covered by the certification. 

‘‘(i) REPAYMENT.—An officer who receives a bonus or incentive 

pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete 

the period of service for which the bonus or incentive pay is paid, 

as specified in the written agreement under subsection (f) in the 

case of a bonus, shall be subject to the repayment provisions of 

section 373 of this title. 

‘‘(j) HEALTH PROFESSION DEFINED.—In this section, the term 

‘health profession’ means the following: 

‘‘(1) Any health profession performed by officers in the 

Medical Corps of a uniformed service or by officers designated 

as a medical officer. 

‘‘(2) Any health profession performed by officers in the 

Dental Corps of a uniformed service or by officers designated 

as a dental officer. 

‘‘(3) Any health profession performed by officers in the 

Medical Service Corps of a uniformed service or by officers 

designated as a medical service officer or biomedical sciences 

officer. 

‘‘(4) Any health profession performed by officers in the 

Medical Specialist Corps of a uniformed service or by officers 

designated as a medical specialist. 

‘‘(5) Any health profession performed by officers of the 

Nurse Corps of a uniformed service or by officers designated 

as a nurse. 


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‘‘(6) Any health profession performed by officers in the 

Veterinary Corps of a uniformed service or by officers designated as a veterinary officer. 

‘‘(7) Any health profession performed by officers designated 

as a physician assistant. 

‘‘(8) Any health profession performed by officers in the 

regular or reserve corps of the Public Health Service. 

‘‘(k) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘§ 351. Hazardous duty pay 

‘‘(a) HAZARDOUS DUTY PAY.—The Secretary concerned may pay 

hazardous duty pay under this section to a member of a regular 

or reserve component of the uniformed services entitled to basic 

pay under section 204 of this title or compensation under section 

206 of this title who— 

‘‘(1) performs duty in a hostile fire area designated by 

the Secretary concerned, is exposed to a hostile fire event, 

explosion of a hostile explosive device, or any other hostile 

action, or is on duty during a month in an area in which 

a hostile event occurred which placed the member in grave 

danger of physical injury; 

‘‘(2) performs duty designated by the Secretary concerned 

as hazardous duty based upon the inherent dangers of that 

duty and risks of physical injury; or 

‘‘(3) performs duty in a foreign area designated by the 

Secretary concerned as an area in which the member is subject 

to imminent danger of physical injury due to threat conditions. 

‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous duty pay 

paid to a member under subsection (a) shall be based on the 

type of duty and the area in which the duty is performed, as 

follows: 

‘‘(1) In the case of a member who performs duty in a 

designated hostile fire area, as described in subsection (a)(1), 

hazardous duty pay may not exceed $450 per month. 

‘‘(2) In the case of a member who performs a designated 

hazardous duty, as described in subsection (a)(2), hazardous 

duty pay may not exceed $250 per month. 

‘‘(3) In the case of a member who performs duty in a 

foreign area designated as an imminent danger area, as 

described in subsection (a)(3), hazardous duty pay may not 

exceed $250 per month. 

‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay shall be paid 

on a monthly basis. A member who is eligible for hazardous duty 

pay by reason of subsection (a) shall receive the full monthly rate 

of hazardous duty pay authorized by the Secretary concerned under 

such paragraph, notwithstanding subsection (d). 

‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE

DUTY TRAINING.—A member of a reserve component entitled to 

compensation under section 206 of this title who is authorized 

hazardous duty pay under this section may be paid an amount 

of hazardous duty pay that is proportionate to the compensation 

received by the member under section 206 of this title for inactiveduty training. 

‘‘(e) ADMINISTRATION AND RETROACTIVE PAYMENTS.—The effective date for the designation of a hostile fire area, as described 

in paragraph (1) of subsection (a), and for the designation of a 


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foreign area as an imminent danger area, as described in paragraph 

(3) of such subsection, may be a date that occurs before, on, or 

after the actual date of the designation by the Secretary concerned. 

‘‘(f) DETERMINATION OF FACT.—Any determination of fact that 

is made in administering subsection (a) is conclusive. The determination may not be reviewed by any other officer or agency of 

the United States unless there has been fraud or gross negligence. 

However, the Secretary concerned may change the determination 

on the basis of new evidence or for other good cause. The regulations 

prescribed to administer this section shall define the activities 

that are considered hazardous for purposes of subsection (a)(2). 

‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— ‘‘(1) IN ADDITION TO OTHER PAY AND ALLOWANCES.—A 

member may be paid hazardous duty pay under this section 

in addition to any other pay and allowances to which the 

member is entitled. The regulations prescribed to administer 

this section shall address dual compensation under this section 

for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described 

in paragraph (1) or (3) of such subsection, that is performed 

by a member during a single month of service. 

‘‘(2) LIMITATION.—A member may not receive hazardous 

duty pay under this section for a month for more than three 

qualifying instances described in subsection (a)(2). 

‘‘(h) PROHIBITION ON VARIABLE RATES.—The regulations prescribed to administer this section may not include varied criteria 

or rates for payment of hazardous duty for officers and enlisted 

members. 

‘‘(i) TERMINATION OF AUTHORITY.—No hazardous duty pay 

under this section may be paid after December 31, 2009. 

‘‘§ 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 

Regulations. 

Regulations. 


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‘‘(B) the number of continuous months in the period 

for which assignment or special duty pay will be paid 

pursuant to the agreement. 

‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The amount of each 

installment payment of assignment or special duty pay payable 

to a member on an installment basis may not exceed the 

amount equal to— 

‘‘(A) the product of— 

‘‘(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly 

rate may not exceed the maximum monthly rate 

authorized under paragraph (2) at the time the member 

enters into the agreement; and 

‘‘(ii) the number of continuous months in the period 

for which the assignment or special duty pay will be 

paid; divided by 

‘‘(B) the number of installments over such period. 

‘‘(5) EFFECT OF EXTENSION.—If a member extends an 

assignment or performance of duty specified in an agreement 

with the Secretary concerned under subsection (c), assignment 

or special duty pay for the period of the extension may be 

paid on a monthly basis, in a lump sum, or in installments, 

consistent with this subsection. 

‘‘(c) WRITTEN AGREEMENT.— 

‘‘(1) DISCRETIONARY FOR MONTHLY PAYMENTS.—The Secretary concerned may require a member to enter into a written 

agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. 

The written agreement shall specify the period for which the 

assignment or special duty pay will be paid to the member 

and the monthly rate of the assignment or special duty pay. 

‘‘(2) REQUIRED FOR LUMP SUM OR INSTALLMENT PAYMENTS.— 

The Secretary concerned shall require a member to enter into 

a written agreement with the Secretary in order to qualify 

for payment of assignment or special duty pay on a lump 

sum or installment basis. The written agreement shall specify 

the period for which the assignment or special duty pay will 

be paid to the member and the amount of the lump sum 

or each periodic installment. 

‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE

DUTY TRAINING.—A member of a reserve component entitled to 

compensation under section 206 of this title who is authorized 

assignment or special duty pay under this section may be paid 

an amount of assignment or special duty pay that is proportionate 

to the compensation received by the member under section 206 

of this title for inactive-duty training. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Assignment or special duty pay paid to a member under this section 

is in addition to any other pay and allowances to which the member 

is entitled. 

‘‘(f) REPAYMENT.—A member who receives assignment or special 

duty pay under this section and who fails to fulfill the eligibility 

requirements under subsection (a) for receipt of such pay shall 

be subject to the repayment provisions of section 373 of this title. 

‘‘(g) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 


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‘‘§ 353. Skill incentive pay or proficiency bonus 

‘‘(a) SKILL INCENTIVE PAY.—The Secretary concerned may pay 

a monthly skill incentive pay to a member of a regular or reserve 

component of the uniformed services who— 

‘‘(1) is entitled to basic pay under section 204 of this title 

or compensation under section 206 of this title; and 

‘‘(2) serves in a career field or skill designated as critical 

by the Secretary concerned. 

‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary concerned may 

pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who— 

‘‘(1) is entitled to basic pay under section 204 of this title 

or compensation under section 206 of this title; and 

‘‘(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical 

by the Secretary concerned. 

‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAYMENT.— ‘‘(1) SKILL INCENTIVE PAY.—Skill incentive pay under subsection (a) shall be paid monthly in an amount not to exceed 

$1,000 per month. 

‘‘(2) PROFICIENCY BONUS.—A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of 

the proficiency certification period or in periodic installments 

during the proficiency certification period. The amount of the 

bonus may not exceed $12,000 for each 12-month period of 

certification. The Secretary concerned may not vary the criteria 

or rates for the proficiency bonus paid for officers and enlisted 

members. 

‘‘(d) CERTIFIED PROFICIENCY FOR PROFICIENCY BONUS.— ‘‘(1) CERTIFICATION REQUIRED.—Proficiency in a designated 

critical skill for purposes of subsection (b) shall be subject 

to annual certification by the Secretary concerned. 

‘‘(2) DURATION OF CERTIFICATION.—A certification period 

for purposes of subsection (c)(2) shall expire at the end of 

the one-year period beginning on the first day of the first 

month beginning on or after the certification date. 

‘‘(3) WAIVER.—Notwithstanding paragraphs (1) and (2), the 

regulations prescribed to administer this section shall address 

the circumstances under which the Secretary concerned may 

waive the certification requirement under paragraph (1) or 

extend a certification period under paragraph (2). 

‘‘(e) WRITTEN AGREEMENT.— 

‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE PAY.—The Secretary concerned may require a member to enter into a written 

agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written 

agreement shall specify the period for which the skill incentive 

pay will be paid to the member and the monthly rate of the 

pay. 

‘‘(2) REQUIRED FOR PROFICIENCY BONUS.—The Secretary 

concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of 

a proficiency bonus under subsection (b). The written agreement 

shall specify the amount of the proficiency bonus, the period 

for which the bonus will be paid, and the initial certification 

or recertification necessary for payment of the proficiency 

bonus. 


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‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE

DUTY TRAINING.— ‘‘(1) PRORATION.—A member of a reserve component entitled to compensation under section 206 of this title who is 

authorized skill incentive pay under subsection (a) or a skill 

proficiency bonus under subsection (b) may be paid an amount 

of the pay or bonus, as the case may be, that is proportionate 

to the compensation received by the member under section 

206 of this title for inactive-duty training. 

‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PROFICIENCY.—No 

reduction in the amount of a skill proficiency bonus may be 

made under paragraph (1) in the case of a member of a reserve 

component who is authorized the bonus because of the member’s 

proficiency in a foreign language. 

‘‘(g) REPAYMENT.—A member who receives skill incentive pay 

or a proficiency bonus under this section and who fails to fulfill 

the eligibility requirement for receipt of the pay or bonus shall 

be subject to the repayment provisions of section 373 of this title. 

‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOWANCES.—A 

member may not be paid more than one pay under this section 

in any month for the same period of service and skill. A member 

may be paid skill incentive pay or the proficiency bonus under 

this section in addition to any other pay and allowances to which 

the member is entitled, except that a member may not be paid 

skill incentive pay or a proficiency bonus under this section and 

hazardous duty pay under section 351 of this title for the same 

period of service in the same career field or skill. 

‘‘(i) TERMINATION OF AUTHORITY.—No agreement may be 

entered into under this section after December 31, 2009. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS 

‘‘§ 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. 

‘‘§ 372. Continuation of pays during hospitalization and 

rehabilitation resulting from wounds, injury, or 

illness incurred while on duty in a hostile fire 

area or exposed to an event of hostile fire or 

other hostile action 

‘‘(a) CONTINUATION OF PAYS.—If a member of a regular or 

reserve component of a uniformed service incurs a wound, injury, 

or illness in the line of duty while serving in a combat operation 

or a combat zone, while serving in a hostile fire area, or while 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 177 

exposed to a hostile fire event, as described under section 351 

of this title, and is hospitalized for treatment of the wound, injury, 

or illness, the Secretary concerned may continue to pay to the 

member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, 

or similar benefit) that were being paid to the member at the 

time the member incurred the wound, injury, or illness. 

‘‘(b) DURATION.—The payment of pay and allowances to a 

member under subsection (a) may continue until the end of the 

first month beginning after the earliest of the following dates: 

‘‘(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty. 

‘‘(2) One year after the date on which the member is 

first hospitalized for the treatment of the wound, injury, or 

illness, except that the Secretary concerned may extend the 

termination date in six-month increments. 

‘‘(3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) 

from the uniformed services. 

‘‘(c) BONUS, INCENTIVE PAY, OR SIMILAR BENEFIT DEFINED.— 

In this section, the term ‘bonus, incentive pay, or similar benefit’ 

means a bonus, incentive pay, special pay, or similar payment 

paid to a member of the uniformed services under this title or 

title 10. 

‘‘§ 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. 


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‘‘(2) The term ‘service’, as used in subsection (c)(2), refers 

to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or 

similar benefit offered by the Secretary concerned— 

‘‘(A) to a member in a regular or reserve component 

who remains on active duty or in an active status; 

‘‘(B) to perform duty in a specified skill, with or without 

a specified qualification or credential; 

‘‘(C) to perform duty in a specified assignment, location 

or unit; or 

‘‘(D) to perform duty for a specified period of time. 

‘‘§ 374. Regulations 

‘‘This subchapter and subchapter II shall be administered under 

regulations prescribed by— 

‘‘(1) the Secretary of Defense, with respect to the armed 

forces under the jurisdiction of the Secretary of Defense; 

‘‘(2) the Secretary of Homeland Security, with respect to 

the Coast Guard when it is not operating as a service in 

the Navy; 

‘‘(3) the Secretary of Health and Human Services, with 

respect to the commissioned corps of the Public Health Service; 

and 

‘‘(4) the Secretary of Commerce, with respect to the 

National Oceanic and Atmospheric Administration.’’. 

(b) TRANSFER OF 15-YEAR CAREER STATUS BONUS TO SUBCHAPTER II.— 

(1) TRANSFER.—Section 322 of title 37, United States Code, 

is transferred to appear after section 353 of subchapter II 

of chapter 5 of such title, as added by subsection (a), and 

is redesignated as section 354. 

(2) CONFORMING AMENDMENT.—Subsection (f) of such section, as so transferred and redesignated, is amended by striking 

‘‘section 303a(e)’’ and inserting ‘‘section 373’’. 

(3) CROSS REFERENCES.—Sections 1401a, 1409(b)(2), and 

1410 of title 10, United States Code, are amended by striking 

‘‘section 322’’ each place it appears and inserting ‘‘section 322 

(as in effect before the enactment of the National Defense 

Authorization Act for Fiscal Year 2008) or section 354’’. 

(c) TRANSFER OF RETENTION INCENTIVES FOR MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

UNITS.— 

(1) TRANSFER.—Section 323 of title 37, United States Code, 

as amended by sections 614 and 622, is transferred to appear 

after section 354 of subchapter II of chapter 5 of such title, 

as transferred and redesignated by subsection (b)(1), and is 

redesignated as section 355. 

(2) CONFORMING AMENDMENT.—Subsection (g) of such section, as so transferred and redesignated, is amended by striking 

‘‘section 303a(e)’’ and inserting ‘‘section 373’’. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended 

to read as follows: 

‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES

‘‘Sec. 

‘‘301. Incentive pay: hazardous duty. 

‘‘301a. Incentive pay: aviation career. 

37 USC 355. 

37 USC 354. 


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‘‘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. 


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‘‘332. General bonus authority for officers. 

‘‘333. Special bonus and incentive pay authorities for nuclear officers. 

‘‘334. Special aviation incentive pay and bonus authorities for officers. 

‘‘335. Special bonus and incentive pay authorities for officers in health professions. 

‘‘351. Hazardous duty pay. 

‘‘352. Assignment pay or special duty pay. 

‘‘353. Skill incentive pay or proficiency bonus. 

‘‘354. Special pay: 15-year career status bonus for members entering service on or 

after August 1, 1986. ‘‘355. Special pay: retention incentives for members qualified in critical military 

skills or assigned to high priority units. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘371. Relationship to other incentives and pays. 

‘‘372. Continuation of pays during hospitalization and rehabilitation resulting from 

wounds, injury, or illness incurred while on duty in a hostile fire area 

or exposed to an event of hostile fire or other hostile action. ‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 

when conditions of payment not met. ‘‘374. Regulations.’’. 

SEC. 662. 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 (d) may continue 

to use the authorities in provisions in subchapter I of chapter 

5 of title 37, United States Code, as designated by section 661(a), 

but subject to the terms of such provisions and such modifications 

as the Secretary of Defense may include in the implementation 

plan, to provide bonuses and special and incentive pays for members 

of the uniformed services. 

(c) NOTICE OF IMPLEMENTATION OF NEW AUTHORITIES.—Not 

less than 30 days before the date on which a special pay or bonus 

authority provided under subchapter II of chapter 5 of title 37, 

United States Code, as added by section 661(a), is first utilized, 

the Secretary of Defense shall submit to the congressional defense 

committees a notice of the implementation of the authority, 

including whether, as a result of implementation of the authority, 

a corresponding authority in subchapter I of such chapter, as designated by section 661(a), will no longer be used. 

(d) COORDINATION.—The Secretary of Defense shall prepare 

the implementation plan in coordination with— 

(1) the Secretary of Homeland Security, with respect to 

the Coast Guard; 

(2) the Secretary of Health and Human Services, with 

respect to the commissioned corps of the Public Health Service; 

and 

(3) the Secretary of Commerce, with respect to the National 

Oceanic and Atmospheric Administration. 

(e) NO EFFECT ON FISCAL YEAR 2008 OBLIGATIONS.—During 

fiscal year 2008, obligations incurred under subchapters I, II, and 

Deadline. 

37 USC 801 note. 


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III of chapter 5 of title 37, United States Code, as amended by 

section 661, to provide bonuses, incentive pays, special pays, and 

similar payments to members of the uniformed services under such 

subchapters may not exceed the obligations that would be incurred 

in the absence of the amendments made by such section. 

Subtitle G—Other Matters 

SEC. 671. REFERRAL BONUS AUTHORITIES. 

(a) CODIFICATION AND MODIFICATION OF ARMY REFERRAL BONUS

AUTHORITY.— (1) ARMY REFERRAL BONUS.—Chapter 333 of title 10, United 

States Code, is amended by inserting after section 3251 the 

following new section: 

‘‘§ 3252. Bonus to encourage Army personnel to refer persons 

for enlistment in the Army 

‘‘(a) AUTHORITY TO PAY BONUS.— 

‘‘(1) AUTHORITY.—The Secretary of the Army may pay a 

bonus under this section to an individual referred to in paragraph (2) who refers to an Army recruiter a person who has 

not previously served in an armed force and who, after such 

referral, enlists in the regular component of the Army or in 

the Army National Guard or Army Reserve. 

‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Subject to subsection (c), the following individuals are eligible for a referral 

bonus under this section: 

‘‘(A) A member in the regular component of the Army. 

‘‘(B) A member of the Army National Guard. 

‘‘(C) A member of the Army Reserve. 

‘‘(D) A member of the Army in a retired status, 

including a member under 60 years of age who, but for 

age, would be eligible for retired pay. 

‘‘(E) A civilian employee of the Department of the 

Army. 

‘‘(b) REFERRAL.—For purposes of this section, a referral for 

which a bonus may be paid under subsection (a) occurs— 

‘‘(1) when the individual concerned contacts an Army 

recruiter on behalf of a person interested in enlisting in the 

Army; or 

‘‘(2) when a person interested in enlisting in the Army 

contacts the Army recruiter and informs the recruiter of the 

role of the individual concerned in initially recruiting the person. 

‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 

Army or civilian employee of the Department of the Army 

may not be paid a bonus under subsection (a) for the referral 

of an immediate family member. 

‘‘(2) MEMBERS IN RECRUITING ROLES.—A member of the 

Army or civilian employee of the Department of the Army 

serving in a recruiting or retention assignment, or assigned 

to other duties regarding which eligibility for a bonus under 

subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a 

bonus under subsection (a). 


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‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS.—A member of the Army detailed under subsection (c)(1) 

of section 2031 of this title to serve as an administrator or 

instructor in the Junior Reserve Officers’ Training Corps program or a retired member of the Army employed as an administrator or instructor in the program under subsection (d) of 

such section may not be paid a bonus under subsection (a). 

‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable 

for a referral under subsection (a) may not exceed $2,000. The 

amount shall be payable as provided in subsection (e). 

‘‘(e) PAYMENT.—A bonus payable for a referral of a person 

under subsection (a) shall be paid as follows: 

‘‘(1) Not more than $1,000 shall be paid upon the 

commencement of basic training by the person. 

‘‘(2) Not more than $1,000 shall be paid upon the completion 

of basic training and individual advanced training by the person. 

‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral 

bonus authorized by this section is not a bounty for purposes 

of section 514(a) of this title. 

‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 

paid under this section to a member of the Army in a retired 

status is in addition to any compensation to which the member 

is entitled under this title, title 37 or 38, or any other provision 

of law. 

‘‘(h) DURATION OF AUTHORITY.—A bonus may not be paid under 

subsection (a) with respect to any referral that occurs after 

December 31, 2008.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 3251 the following new item: 

‘‘3252. Bonus to encourage Army personnel to refer persons for enlistment in the 

Army.’’. 

(b) BONUS FOR REFERRAL OF PERSONS FOR APPOINTMENT AS

OFFICERS TO SERVE IN HEALTH PROFESSIONS.— 

(1) HEALTH PROFESSIONS REFERRAL BONUS.—Chapter 53 

of such title is amended by inserting before section 1031 the 

following new section: 

‘‘§ 1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions 

‘‘(a) AUTHORITY TO PAY BONUS.— 

‘‘(1) AUTHORITY.—The Secretary of Defense may authorize 

the appropriate Secretary to pay a bonus under this section 

to an individual referred to in paragraph (2) who refers to 

a military recruiter a person who has not previously served 

in an armed force and, after such referral, takes an oath of 

enlistment that leads to appointment as a commissioned officer, 

or accepts an appointment as a commissioned officer, in an 

armed force in a health profession designated by the appropriate Secretary for purposes of this section. 

‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Subject to subsection (c), the following individuals are eligible for a referral 

bonus under this section: 


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‘‘(A) A member of the armed forces in a regular component of the armed forces. 

‘‘(B) A member of the armed forces in a reserve component of the armed forces. 

‘‘(C) A member of the armed forces in a retired status, 

including a member under 60 years of age who, but for 

age, would be eligible for retired or retainer pay. 

‘‘(D) A civilian employee of a military department or 

the Department of Defense. 

‘‘(b) REFERRAL.—For purposes of this section, a referral for 

which a bonus may be paid under subsection (a) occurs— 

‘‘(1) when the individual concerned contacts a military 

recruiter on behalf of a person interested in taking an oath 

of enlistment that leads to appointment as a commissioned 

officer, or accepting an appointment as a commissioned officer, 

as applicable, in an armed force in a health profession; or 

‘‘(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, 

or accepting an appointment as a commissioned officer, as 

applicable, in an armed force in a health profession contacts 

a military recruiter and informs the recruiter of the role of 

the individual concerned in initially recruiting the person. 

‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 

armed forces or civilian employee of a military department 

or the Department of Defense may not be paid a bonus under 

subsection (a) for the referral of an immediate family member. 

‘‘(2) MEMBERS IN RECRUITING ROLES.—A member of the 

armed forces or civilian employee of a military department 

or the Department of Defense serving in a recruiting or retention assignment, or assigned to other duties regarding which 

eligibility for a bonus under subsection (a) could (as determined 

by the appropriate Secretary) be perceived as creating a conflict 

of interest, may not be paid a bonus under subsection (a). 

‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS.—A member of the armed forces detailed under subsection 

(c)(1) of section 2031 of this title to serve as an administrator 

or instructor in the Junior Reserve Officers’ Training Corps 

program or a retired member of the armed forces employed 

as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under 

subsection (a). 

‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable 

for a referral under subsection (a) may not exceed $2,000. The 

amount shall be payable as provided in subsection (e). 

‘‘(e) PAYMENT.—A bonus payable for a referral of a person 

under subsection (a) shall be paid as follows: 

‘‘(1) Not more than $1,000 shall be paid upon the execution 

by the person of an agreement to serve as an officer in a 

health profession in an armed force for not less than 3 years, 

‘‘(2) Not more than $1,000 shall be paid upon the completion 

by the person of the initial period of military training as an 

officer. 

‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.—The referral 

bonus authorized by this section is not a bounty for purposes 

of section 514(a) of this title. 


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‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 

paid under this section to a member of the armed forces in a 

retired status is in addition to any compensation to which the 

member is entitled under this title, title 37 or 38, or any other 

provision of law. 

‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this section, the 

term ‘appropriate Secretary’ means— 

‘‘(1) the Secretary of the Army, with respect to matters 

concerning the Army; 

‘‘(2) the Secretary of the Navy, with respect to matters 

concerning the Navy, the Marine Corps, and the Coast Guard 

when it is operating as a service in the Navy; 

‘‘(3) the Secretary of the Air Force, with respect to matters 

concerning the Air Force; and 

‘‘(4) the Secretary of Defense, with respect to personnel 

of the Department of Defense. 

‘‘(i) DURATION OF AUTHORITY.—A bonus may not be paid under 

subsection (a) with respect to any referral that occurs after 

December 31, 2008.’’. 

(2) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of such chapter is amended by inserting before the 

item relating to section 1031 the following new item: 

‘‘1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions.’’. 

(c) REPEAL OF SUPERSEDED ARMY REFERRAL BONUS

AUTHORITY.— 

(1) REPEAL.—Section 645 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163) 

is repealed. 

(2) PAYMENT OF BONUSES UNDER SUPERSEDED AUTHORITY.— 

Any bonus payable under section 645 of the National Defense 

Authorization Act for Fiscal Year 2006, as in effect before 

its repeal by paragraph (1), shall remain payable after that 

date and shall be paid in accordance with the provisions of 

such section, as in effect on the day before the date of the 

enactment of this Act. 

SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM 

FOR MEMBERS OF THE SELECTED RESERVE. 

(a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE FOR REPAYMENT.—Paragraph (1) of subsection (a) of section 16301 of title 

10, United States Code, is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (B); 

(2) by striking the period at the end of subparagraph (C) 

and inserting ‘‘; or’’; and 

(3) by inserting after subparagraph (C) the following new 

subparagraph: 

‘‘(D) any loan incurred for educational purposes made by 

a lender that is— 

‘‘(i) an agency or instrumentality of a State; 

‘‘(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; 

‘‘(iii) a pension fund approved by the Secretary for 

purposes of this section; or 

119 Stat. 3310. 


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‘‘(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: 

‘‘§ 16301. Education loan repayment program: members of 

Selected Reserve’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 1609 of such title is amended by striking 

the item relating to section 16301 and inserting the following 

new item: 

‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 

SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME 

ABROAD FOR PERMANENT RESIDENT ALIEN MILITARY 

SPOUSES AND CHILDREN. 

Section 284 of the Immigration and Nationality Act (8 U.S.C. 

1354) is amended— 

(1) by striking ‘‘Nothing’’ and inserting ‘‘(a) Nothing’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) If a person lawfully admitted for permanent residence 

is the spouse or child of a member of the Armed Forces of the 

United States, is authorized to accompany the member and reside 

abroad with the member pursuant to the member’s official orders, 

and is so accompanying and residing with the member (in marital 

union if a spouse), then the residence and physical presence of 

the person abroad shall not be treated as— 

‘‘(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 

101(a)(13)(C); or 

‘‘(2) an absence from the United States for purposes of 

clause (ii) of such section.’’. 

SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND 

CHILDREN. 

(a) SPOUSES.—Section 319 of the Immigration and Nationality 

Act (8 U.S.C. 1430) is amended by adding at the end the following 

new subsection: 

‘‘(e)(1) In the case of a person lawfully admitted for permanent 

residence in the United States who is the spouse of a member 

of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant 

to the member’s official orders, and is so accompanying and residing 


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with the member in marital union, such residence and physical 

presence abroad shall be treated, for purposes of subsection (a) 

and section 316(a), as residence and physical presence in— 

‘‘(A) the United States; and 

‘‘(B) any State or district of the Department of Homeland 

Security in the United States. 

‘‘(2) Notwithstanding any other provision of law, a spouse 

described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 

136; 8 U.S.C. 1443a).’’. 

(b) CHILDREN.—Section 322 of the Immigration and Nationality 

Act (8 U.S.C. 1433) is amended by adding at the end the following 

new subsection: 

‘‘(d) In the case of a child of a member of the Armed Forces 

of the United States who is authorized to accompany such member 

and reside abroad with the member pursuant to the member’s 

official orders, and is so accompanying and residing with the 

member— 

‘‘(1) any period of time during which the member of the 

Armed Forces is residing abroad pursuant to official orders 

shall be treated, for purposes of subsection (a)(2)(A), as physical 

presence in the United States; 

‘‘(2) subsection (a)(5) shall not apply; and 

‘‘(3) the oath of allegiance described in subsection (b) may 

be subscribed to abroad pursuant to section 1701(d) of the 

National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 8 U.S.C. 1443a).’’. 

(c) OVERSEAS NATURALIZATION AUTHORITY.—Section 1701(d) of 

the National Defense Authorization Act for Fiscal Year 2004 (Public 

Law 108–136; 8 U.S.C. 1443a) is amended— 

(1) in the subsection heading, by inserting ‘‘AND THEIR

SPOUSES AND CHILDREN’’ after ‘‘FORCES’’; and 

(2) by inserting ‘‘, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,’’ after ‘‘Armed 

Forces’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of enactment of this Act and apply 

to any application for naturalization or issuance of a certificate 

of citizenship pending on or after such date. 

SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS 

OF NAVY AND MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR 

DURING WORLD WAR II TO TAKE INTO ACCOUNT 

CHANGES IN CONSUMER PRICE INDEX. 

(a) MODIFICATION.—Section 667(c) of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–170) is amended 

by adding at the end the following new paragraph: 

‘‘(3) The amount determined for a person under paragraph 

(1) shall be increased to reflect increases in cost of living since 

the basic pay referred to in paragraph (1)(B) was paid to or for 

that person, calculated on the basis of the Consumer Price Index 

(all items—United States city average) published monthly by the 

Bureau of Labor Statistics.’’. 

37 USC 559 note. 

Applicability. 

8 USC 1430 note. 


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(b) RECALCULATION OF PREVIOUS PAYMENTS.—In the case of 

any payment of back pay made to or for a person under section 

667 of the Floyd D. Spence National Defense Authorization Act 

for Fiscal Year 2001 before the date of the enactment of this 

Act, the Secretary of the Navy shall— 

(1) recalculate the amount of back pay to which the person 

is entitled by reason of the amendment made by subsection 

(a); and 

(2) if the amount of back pay, as so recalculated, exceeds 

the amount of back pay so paid, pay the person, or the surviving 

spouse of the person, an amount equal to the excess. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Military Health Benefits 

Sec. 701. One-year extension of prohibition on increases in certain health care costs 

for members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement 

of pharmaceuticals. Sec. 704. Stipend for members of reserve components for health care for certain dependents. Sec. 705. Authority for expansion of persons eligible for continued health benefits 

coverage. Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain 

members of the Selected Reserve. 

Sec. 707. Extension of pilot program for health care delivery. 

Sec. 708. Inclusion of mental health care in definition of health care and report on 

mental health care services. 

Subtitle B—Studies and Reports 

Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE 

Extra. 

Sec. 712. Report on training in preservation of remains under combat or combatrelated conditions. 

Sec. 713. Report on patient satisfaction surveys. 

Sec. 714. Report on medical physical examinations of members of the Armed Forces 

before their deployment. Sec. 715. Report and study on multiple vaccinations of members of the Armed 

Forces. 

Sec. 716. Review of gender- and ethnic group-specific mental health services and 

treatment for members of the Armed Forces. 

Sec. 717. Licensed mental health counselors and the TRICARE program. 

Sec. 718. Report on funding of the Department of Defense for health care. 

Subtitle C—Other Matters 

Sec. 721. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. Sec. 722. Establishment of Joint Pathology Center. 

Subtitle A—Improvements to Military 

Health Benefits 

SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN 

CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE 

UNIFORMED SERVICES. 

(a) CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Section 

1097(e) of title 10, United States Code, is amended by striking 

‘‘September 30, 2007’’ and inserting ‘‘September 30, 2008’’. 

(b) CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of such 

title is amended by striking ‘‘September 30, 2007.’’ and inserting 

‘‘September 30, 2008’’. 


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(c) PREMIUMS UNDER TRICARE COVERAGE FOR CERTAIN MEM- BERS IN THE SELECTED RESERVE.—Section 1076d(d)(3) of such title 

is amended by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2008’’. 

SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 

UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. 

During the period beginning on October 1, 2007, and ending 

on September 30, 2008, the cost sharing requirements established 

under paragraph (6) of section 1074g(a) of title 10, United States 

Code, for pharmaceutical agents available through retail pharmacies covered by paragraph (2)(E)(ii) of such section may not 

exceed amounts as follows: 

(1) In the case of generic agents, $3. 

(2) In the case of formulary agents, $9. 

(3) In the case of nonformulary agents, $22. 

SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN 

FEDERAL PROCUREMENT OF PHARMACEUTICALS. 

(a) IN GENERAL.—Section 1074g of title 10, United States Code, 

is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) PROCUREMENT OF PHARMACEUTICALS BY TRICARE RETAIL

PHARMACY PROGRAM.—With respect to any prescription filled on 

or after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008, the TRICARE retail pharmacy program shall be treated as an element of the Department 

of Defense for purposes of the procurement of drugs by Federal 

agencies under section 8126 of title 38 to the extent necessary 

to ensure that pharmaceuticals paid for by the Department of 

Defense that are provided by pharmacies under the program to 

eligible covered beneficiaries under this section are subject to the 

pricing standards in such section 8126.’’. 

(b) REGULATIONS.—The Secretary of Defense shall, after consultation with the other administering Secretaries under chapter 

55 of title 10, United States Code, modify the regulations under 

subsection (h) of section 1074g of title 10, United States Code 

(as redesignated by subsection (a)(1) of this section), to implement 

the requirements of subsection (f) of section 1074g of title 10, 

United States Code (as amended by subsection (a)(2) of this section). 

The Secretary shall so modify such regulations not later than 

December 31, 2007. 

SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR 

HEALTH CARE FOR CERTAIN DEPENDENTS. 

The Secretary of Defense may, pursuant to regulations prescribed by the Secretary, pay a stipend to a member of a reserve 

component of the Armed Forces who is called or ordered to active 

duty for a period of more than 30 days for purposes of maintaining 

civilian health care coverage for a dependant whom the Secretary 

determines to possess a special health care need that would be 

best met by remaining in the member’s civilian health plan. In 

making such determination, the Secretary shall consider whether— 

Regulations. 

10 USC 1076 

note. 

Deadline. 

10 USC 1074g 

note. 


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(1) the dependent of the member was receiving treatment 

for the special health care need before the call or order to 

active duty of the member; and 

(2) the call or order to active duty would result in an 

interruption in treatment or a change in health care provider 

for such treatment. 

SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR 

CONTINUED HEALTH BENEFITS COVERAGE. 

(a) AUTHORITY TO SPECIFY ADDITIONAL ELIGIBLE PERSONS.— Subsection (b) of section 1078a of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(4) Any other person specified in regulations prescribed 

by the Secretary of Defense for purposes of this paragraph 

who loses entitlement to health care services under this chapter 

or section 1145 of this title, subject to such terms and conditions 

as the Secretary shall prescribe in the regulations.’’. 

(b) ELECTION OF COVERAGE.—Subsection (d) of such section 

is amended by adding at the end the following new paragraph: 

‘‘(4) In the case of a person described in subsection (b)(4), 

by such date as the Secretary shall prescribe in the regulations 

required for purposes of that subsection.’’. 

(c) PERIOD OF COVERAGE.—Subsection (g)(1) of such section 

is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) in the case of a person described in subsection (b)(4), 

the date that is 36 months after the date on which the person 

loses entitlement to health care services as described in that 

subsection.’’. 

SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD 

COVERAGE FOR CERTAIN MEMBERS OF THE SELECTED 

RESERVE. 

(a) IN GENERAL.—Section 706(f) of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2282; 10 U.S.C. 1076d note) is amended— 

(1) by striking ‘‘Enrollments’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), enrollments’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The enrollment of a member in TRICARE Standard that 

is in effect on the day before health care under TRICARE Standard 

is provided pursuant to the effective date in subsection (g) shall 

not be terminated by operation of the exclusion of eligibility under 

subsection (a)(2) of such section 1076d, as so amended, for the 

duration of the eligibility of the member under TRICARE Standard 

as in effect on October 16, 2006.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on October 1, 2007. 

SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE 

DELIVERY. 

(a) EXTENSION OF DURATION OF PILOT PROGRAM.—Section 

721(e) of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1988; 

10 USC 1076d 

note. 

Regulations. 

Regulations. 


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122 STAT. 190 PUBLIC LAW 110–181—JAN. 28, 2008 

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. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF 

HEALTH CARE AND REPORT ON MENTAL HEALTH CARE 

SERVICES. 

(a) INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF

HEALTH CARE.—Section 1072 of title 10, United States Code, is 

amended by adding at the end the following new paragraph: 

‘‘(10) The term ‘health care’ includes mental health care.’’. 

(b) REPORT ON ACCESS TO MENTAL HEALTH CARE SERVICES.— Not later than one year after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

a report on the adequacy of access to mental health services under 

the TRICARE program, including in the geographic areas where 

surveys on the continued viability of TRICARE Standard and 

TRICARE Extra are conducted under section 711 of this Act. 

Subtitle B—Studies and Reports 

SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD 

AND TRICARE EXTRA. 

(a) REQUIREMENT FOR SURVEYS.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

surveys of health care providers and beneficiaries who use 

TRICARE in the United States to determine, utilizing a reconciliation of the responses of providers and beneficiaries to 

such surveys, each of the following: 

(A) How many health care providers in TRICARE 

Prime service areas selected under paragraph (3)(A) are 

accepting new patients under each of TRICARE Standard 

and TRICARE Extra. 

(B) How many health care providers in geographic 

areas in which TRICARE Prime is not offered are accepting 

patients under each of TRICARE Standard and TRICARE 

Extra. 

10 USC 1073 

note. 

10 USC 1092 

note. 


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(C) The availability of mental health care providers 

in TRICARE Prime service areas selected under paragraph 

(3)(C) and in geographic areas in which TRICARE Prime 

is not offered. 

(2) BENCHMARKS.—The Secretary shall establish for purposes of the surveys required by paragraph (1) benchmarks 

for primary care and specialty care providers, including mental 

health care providers, to be utilized to determine the adequacy 

of the availability of health care providers to beneficiaries 

eligible for TRICARE. 

(3) SCOPE OF SURVEYS.—The Secretary shall carry out the 

surveys required by paragraph (1) as follows: 

(A) In the case of the surveys required by subparagraph 

(A) of that paragraph, in at least 20 TRICARE Prime 

service areas in the United States in each of fiscal years 

2008 through 2011. 

(B) In the case of the surveys required by subparagraph 

(B) of that paragraph, in 20 geographic areas in which 

TRICARE Prime is not offered and in which significant 

numbers of beneficiaries who are members of the Selected 

Reserve reside. 

(C) In the case of the surveys required by subparagraph 

(C) of that paragraph, in at least 40 geographic areas. 

(4) PRIORITY FOR SURVEYS.—In prioritizing the areas which 

are to be surveyed under paragraph (1), the Secretary shall— 

(A) consult with representatives of TRICARE beneficiaries and health care and mental health care providers 

to identify locations where TRICARE Standard beneficiaries are experiencing significant levels of access-tocare problems under TRICARE Standard or TRICARE 

Extra; 

(B) give a high priority to surveying health care and 

mental health care providers in such areas; and 

(C) give a high priority to surveying beneficiaries and 

providers located in geographic areas with high concentrations of members of the Selected Reserve. 

(5) INFORMATION FROM PROVIDERS.—The surveys required 

by paragraph (1) shall include questions seeking to determine 

from health care and mental health care providers the following: 

(A) Whether the provider is aware of the TRICARE 

program. 

(B) What percentage of the provider’s current patient 

population uses any form of TRICARE. 

(C) Whether the provider accepts patients for whom 

payment is made under the medicare program for health 

care and mental health care services. 

(D) If the provider accepts patients referred to in 

subparagraph (C), whether the provider would accept additional such patients who are not in the provider’s current 

patient population. 

(6) INFORMATION FROM BENEFICIARIES.—The surveys 

required by paragraph (1) shall include questions seeking 

information to determine from TRICARE beneficiaries whether 

they have difficulties in finding health care and mental health 

care providers willing to provide services under TRICARE 

Standard or TRICARE Extra. 


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122 STAT. 192 PUBLIC LAW 110–181—JAN. 28, 2008 

(b) GAO REVIEW.— 

(1) ONGOING REVIEW.—The Comptroller General shall, on 

an ongoing basis, review— 

(A) the processes, procedures, and analysis used by 

the Department of Defense to determine the adequacy of 

the number of health care and mental health care providers— 

(i) that currently accept TRICARE Standard or 

TRICARE Extra beneficiaries as patients under 

TRICARE Standard in each TRICARE area as of the 

date of completion of the review; and 

(ii) that would accept TRICARE Standard or 

TRICARE Extra beneficiaries as new patients under 

TRICARE Standard or TRICARE Extra, as applicable, 

within a reasonable time after the date of completion 

of the review; and 

(B) the actions taken by the Department of Defense 

to ensure ready access of TRICARE Standard beneficiaries 

to health care and mental health care under TRICARE 

Standard in each TRICARE area, including any pending 

or resolved requests for waiver of payment limits in order 

to improve access to health care or mental health care 

in a specific geographic area. 

(2) REPORTS.—The Comptroller General shall submit to 

the Committees on Armed Services of the Senate and the 

House of Representatives on a bi-annual basis a report on 

the results of the review under paragraph (1). Each report 

shall include the following: 

(A) An analysis of the adequacy of the surveys under 

subsection (a). 

(B) An identification of any impediments to achieving 

adequacy of availability of health care and mental health 

care under TRICARE Standard or TRICARE Extra. 

(C) An assessment of the adequacy of Department of 

Defense education programs to inform health care and 

mental health care providers about TRICARE Standard 

and TRICARE Extra. 

(D) An assessment of the adequacy of Department 

of Defense initiatives to encourage health care and mental 

health care providers to accept patients under TRICARE 

Standard and TRICARE Extra. 

(E) An assessment of the adequacy of information available to TRICARE Standard beneficiaries to facilitate access 

by such beneficiaries to health care and mental health 

care under TRICARE Standard and TRICARE Extra. 

(F) An assessment of any need for adjustment of health 

care and mental health care provider payment rates to 

attract participation in TRICARE Standard by appropriate 

numbers of health care and mental health care providers. 

(G) An assessment of the adequacy of Department 

of Defense programs to inform members of the Selected 

Reserve about the TRICARE Reserve Select program. 

(H) An assessment of the ability of TRICARE Reserve 

Select beneficiaries to receive care in their geographic area. 

(c) EFFECTIVE DATE.—This section shall take effect on October 

1, 2007. 


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(d) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITY.— Section 723 of the National Defense Authorization Act for Fiscal 

Year 2004 (10 U.S.C. 1073 note) is repealed, effective as of October 

1, 2007. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘TRICARE Extra’’ means the option of the 

TRICARE program under which TRICARE Standard beneficiaries may obtain discounts on cost-sharing as a result of 

using TRICARE network providers. 

(2) The term ‘‘TRICARE Prime’’ means the managed care 

option of the TRICARE program. 

(3) The term ‘‘TRICARE Prime service area’’ means a 

geographic area designated by the Department of Defense in 

which managed care support contractors develop a managed 

care network under TRICARE Prime. 

(4) The term ‘‘TRICARE Standard’’ means the option of 

the TRICARE program that is also known as the Civilian 

Health and Medical Program of the Uniformed Services, as 

defined in section 1072(4) of title 10, United States Code. 

(5) The term ‘‘TRICARE Reserve Select’’ means the option 

of the TRICARE program that allows members of the Selected 

Reserve to enroll in TRICARE Standard, pursuant to section 

1076d of title 10, United States Code. 

(6) The term ‘‘member of the Selected Reserve’’ means 

a member of the Selected Reserve of the Ready Reserve of 

a reserve component of the Armed Forces. 

(7) The term ‘‘United States’’ means the United States 

(as defined in section 101(a) of title 10, United States Code), 

its possessions (as defined in such section), and the Commonwealth of Puerto Rico. 

SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS 

UNDER COMBAT OR COMBAT-RELATED CONDITIONS. 

(a) REPORT REQUIRED.—The Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the requirements of section 567 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 120 Stat. 2224; 10 U.S.C. 1481 

note). 

(b) MATTERS COVERED.—The report shall include a detailed 

description of the implementation of such section, including— 

(1) where the training program is taking place; 

(2) who is providing the training; 

(3) the number of each type of military health care professional trained to date; and 

(4) what the training covers. 

(c) DEADLINE.—The report required by this section shall be 

submitted not later than 180 days after the date of the enactment 

of this Act. 

SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS. 

(a) REPORT REQUIRED.—Not later than March 1, 2008, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the ongoing patient satisfaction surveys 

taking place in Department of Defense inpatient and outpatient 

settings at military treatment facilities. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 


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(1) The types of survey questions asked. 

(2) How frequently the surveying is conducted. 

(3) How often the results are analyzed and reported back 

to the treatment facilities. 

(4) To whom survey feedback is made available. 

(5) How best practices are incorporated for quality improvement. 

(6) An analysis of the effect of inpatient and outpatient 

surveys on quality improvement and a comparison of patient 

satisfaction survey programs with patient satisfaction survey 

programs used by other public and private health care systems 

and organizations. 

(c) USE OF REPORT INFORMATION.—The Secretary shall use 

information in the report as the basis for a plan for improvements 

in patient satisfaction surveys used to assess health care at military 

treatment facilities in order to ensure the provision of high quality 

health care and hospital services in such facilities. 

SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE ARMED FORCES BEFORE THEIR DEPLOYMENT. 

Not later than April 1, 2008, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report setting forth the following: 

(1) A comparison of the policies of the military departments 

concerning medical physical examinations of members of the 

Armed Forces before their deployment, including an identification of instances in which a member (including a member 

of a reserve component) may be required to undergo multiple 

physical examinations, from the time of notification of an 

upcoming deployment through the period of preparation for 

deployment. 

(2) An assessment of the current policies related to, as 

well as the feasibility of, each of the following: 

(A) A single predeployment physical examination for 

members of the Armed Forces before their deployment. 

(B) A single system for tracking electronically the 

results of examinations under subparagraph (A) that can 

be shared among the military departments and thereby 

eliminate redundancy of medical physical examinations for 

members of the Armed Forces before their deployment. 

SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the policies of the Department of 

Defense for administering and evaluating the vaccination of members of the Armed Forces. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the Department’s policies governing 

the administration of multiple vaccinations in a 24-hour period, 

including the procedures providing for a full review of an 

individual’s medical history prior to the administration of multiple vaccinations, and whether such policies and procedures 


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differ for members of the Armed Forces on active duty and 

members of reserve components. 

(2) An assessment of how the Department’s policies on 

multiple vaccinations in a 24-hour period conform to current 

regulations of the Food and Drug Administration and research 

performed or being performed by the Centers for Disease Control, other non-military Federal agencies, and non-Federal 

institutions on multiple vaccinations in a 24-hour period. 

(3) An assessment of the Department’s procedures for initiating investigations of deaths of members of the Armed Forces 

in which vaccinations may have played a role, including 

whether such investigations can be requested by family members of the deceased individuals. 

(4) The number of deaths of members of the Armed Forces 

since May 18, 1998, that the Department has investigated 

for the potential role of vaccine administration, including both 

the number of deaths investigated that was alleged to have 

involved more than one vaccine administered in a given 24- 

hour period and the number of deaths investigated that was 

determined to have involved more than one vaccine administered in a given 24-hour period. 

(5) An assessment of the procedures for providing the Adjutants General of the various States and territories with upto-date information on the effectiveness and potential allergic 

reactions and side effects of vaccines required to be taken 

by National Guard members. 

(6) An assessment of whether procedures are in place to 

provide that the Adjutants General of the various States and 

territories retain updated medical records of each National 

Guard member called up for active duty. 

SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL 

HEALTH SERVICES AND TREATMENT FOR MEMBERS OF 

THE ARMED FORCES. 

(a) COMPREHENSIVE REVIEW.—The Secretary of Defense shall 

conduct a comprehensive review of— 

(1) the need for gender- and ethnic group-specific mental 

health treatment and services for members of the Armed Forces; 

and 

(2) the efficacy and adequacy of existing gender- and ethnic 

group-specific mental health treatment programs and services 

for members of the Armed Forces, to include availability of 

and access to such programs. 

(b) ELEMENTS.—The review required by subsection (a) shall 

include, but not be limited to, an assessment of the following: 

(1) The need for gender- and ethnic group-specific mental 

health outreach, prevention, and treatment services for members of the Armed Forces. 

(2) The access to and efficacy of existing gender- and ethnic 

group-specific mental health outreach, prevention, and treatment services and programs (including substance abuse programs). 

(3) The availability of gender- and ethnic group-specific 

services and treatment for members of the Armed Forces who 

experienced sexual assault or abuse. 


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(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 independently under the 

TRICARE program. 

(c) ELEMENTS OF STUDY.— 

(1) EDUCATIONAL REQUIREMENTS.—The study required by 

subsection (b) shall provide for an assessment of the educational 

requirements and curricula relevant to mental health practice 

for licensed mental health counselors, including types of degrees 

recognized, certification standards for graduate programs for 

such profession, and recognition of undergraduate coursework 

for completion of graduate degree requirements. 

(2) LICENSING REQUIREMENTS.—The study required by subsection (b) shall provide for an assessment of State licensing 

requirements for licensed mental health counselors, including 

for each level of licensure if a State issues more than one 

type of license for the profession. The assessment shall examine 

requirements in the areas of education, training, examination, 

continuing education, and ethical standards, and shall include 

an evaluation of the extent to which States authorize members 

of the licensed mental health counselor profession to diagnose 

and treat mental illnesses. 

(3) CLINICAL EXPERIENCE REQUIREMENTS.—The study 

required by subsection (b) shall provide for an analysis of 

the requirements for clinical experience for a licensed mental 

health counselor to be recognized under regulations for the 

TRICARE program, and recommendations, if any, for standardization or adjustment of such requirements. 

(4) INDEPENDENT PRACTICE UNDER OTHER FEDERAL PRO- GRAMS.—The study required by subsection (b) shall provide 

for an assessment of the extent to which licensed mental health 

10 USC 1073 

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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 

FOR HEALTH CARE. 

(a) REPORT.—If the President submits to Congress the budget 

for a fiscal year under section 1105 of title 31, United States 

Code, and the aggregate amount included in that budget for the 

Department of Defense for health care for such fiscal year is less 

than the aggregate amount provided by Congress for the Department for health care for the preceding fiscal year, and, in the 

case of the Department, the total allocation from the Defense Health 

Program to any military department is less than the total of such 

allocation in the preceding fiscal year, the President shall submit 

to Congress a report on— 

(1) the reasons for the determination that inclusion of 

a lesser aggregate amount or allocation to any military department is in the national interest; and 

President. 

10 USC 221 note. 


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(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 

DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL 

POSITIONS. 

(a) PROHIBITION.—The Secretary of a military department may 

not convert any military medical or dental position to a civilian 

medical or dental position during the period beginning on October 

1, 2007, and ending on September 30, 2012. 

(b) RESTORATION OF CERTAIN POSITIONS TO MILITARY POSITIONS.—In the case of any military medical or dental position that 

is converted to a civilian medical or dental position during the 

period beginning on October 1, 2004, and ending on September 

30, 2008, if the position is not filled by a civilian by September 

30, 2008, the Secretary of the military department concerned shall 

restore the position to a military medical or dental position that 

can be filled only by a member of the Armed Forces who is a 

health professional. 

(c) REPORT.— 

(1) REQUIREMENT.—The Secretary of Defense shall submit 

to the congressional defense committees a report on conversions 

made during fiscal year 2007 not later than 180 days after 

the enactment of this Act. 

(2) MATTERS COVERED.—The report shall include the following: 

(A) The number of military medical or dental positions, 

by grade or band and specialty, converted to civilian medical or dental positions. 

(B) The results of a market survey in each affected 

area of the availability of civilian medical and dental care 

providers in such area in order to determine whether there 

were civilian medical and dental care providers available 

in such area adequate to fill the civilian positions created 

by the conversion of military medical and dental positions 

to civilian positions in such area. 

(C) An analysis, by affected area, showing the extent 

to which access to health care and cost of health care 

was affected in both the direct care and purchased care 

systems, including an assessment of the effect of any 

increased shifts in patient load from the direct care to 

the purchased care system, or any delays in receipt of 

care in either the direct or purchased care system because 

of the conversions. 

(D) The extent to which military medical and dental 

positions converted to civilian medical or dental positions 

affected recruiting and retention of uniformed medical and 

dental personnel. 

(E) A comparison of the full costs for the military 

medical and dental positions converted with the full costs 

10 USC 129c 

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for civilian medical and dental positions, including expenses 

such as recruiting, salary, benefits, training, and any other 

costs the Department identifies. 

(F) An assessment showing that the military medical 

or dental positions converted were in excess of the military 

medical and dental positions needed to meet medical and 

dental readiness requirements of the uniformed services, 

as determined jointly by all the uniformed services. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘military medical or dental position’’ means 

a position for the performance of health care functions within 

the Armed Forces held by a member of the Armed Forces. 

(2) The term ‘‘civilian medical or dental position’’ means 

a position for the performance of health care functions within 

the Department of Defense held by an employee of the Department or of a contractor of the Department. 

(3) The term ‘‘uniformed services’’ has the meaning given 

that term in section 1072(1) of title 10, United States Code. 

(4) The term ‘‘conversion’’, with respect to a military medical or dental position, means a change of the position to a 

civilian medical or dental position, effective as of the date 

of the manning authorization document of the military department making the change (through a change in designation 

from military to civilian in the document, the elimination of 

the listing of the position as a military position in the document, 

or through any other means indicating the change in the document or otherwise). 

(e) REPEAL.—Section 742 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2306) 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. 

President. 

10 USC 176 note. 

10 USC 129c 

note. 


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(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, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Sec. 800. Short title. 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Internal controls for procurements on behalf of the Department of Defense by certain non-Defense agencies. 

Sec. 802. Lead systems integrators. 

Sec. 803. Reinvestment in domestic sources of strategic materials. 

Sec. 804. Clarification of the protection of strategic materials critical to national security. 

Sec. 805. Procurement of commercial services. 

Sec. 806. Specification of amounts requested for procurement of contract services. 

Sec. 807. Inventories and reviews of contracts for services. 

Sec. 808. Independent management reviews of contracts for services. 

Sec. 809. Implementation and enforcement of requirements applicable to 

undefinitized contractual actions. 

Sec. 810. Clarification of limited acquisition authority for Special Operations Command. 

Subtitle B—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Requirements applicable to multiyear contracts for the procurement of 

major systems of the Department of Defense. 

Sec. 812. Changes to Milestone B certifications. 

Sec. 813. Comptroller General report on Department of Defense organization and 

structure for major defense acquisition programs. 

Sec. 814. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items. 

Sec. 815. Clarification of rules regarding the procurement of commercial items. 

Sec. 816. Review of systemic deficiencies on major defense acquisition programs. 

Sec. 817. Investment strategy for major defense acquisition programs. 

Sec. 818. Report on implementation of recommendations on total ownership cost for 

major weapon systems. 

Acquisition 

Improvement 

and 

Accountability 

Act of 2007. 

Deadline. 


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Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 821. Plan for restricting Government-unique contract clauses on commercial 

contracts. 

Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 823. Five-year extension of authority to carry out certain prototype projects. 

Sec. 824. Exemption of Special Operations Command from certain requirements for 

certain contracts relating to vessels, aircraft, and combat vehicles. 

Sec. 825. Provision of authority to maintain equipment to unified combatant command for joint warfighting. 

Sec. 826. Market research. 

Sec. 827. Modification of competition requirements for purchases from Federal Prison Industries. 

Sec. 828. Multiyear contract authority for electricity from renewable energy 

sources. Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms 

from foreign sources. 

Sec. 830. Comptroller General review of noncompetitive awards of congressional 

and executive branch interest items. 

Subtitle D—Accountability in Contracting 

Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan. 

Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and contracting processes in Iraq and Afghanistan. 

Sec. 843. Enhanced competition requirements for task and delivery order contracts. 

Sec. 844. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 845. Disclosure of government contractor audit findings. 

Sec. 846. Protection for contractor employees from reprisal for disclosure of certain 

information. 

Sec. 847. Requirements for senior Department of Defense officials seeking employment with defense contractors. 

Sec. 848. Report on contractor ethics programs of Major Defense contractors. 

Sec. 849. Contingency contracting training for personnel outside the acquisition 

workforce and evaluations of Army Commission recommendations. 

Subtitle E—Acquisition Workforce Provisions 

Sec. 851. Requirement for section on defense acquisition workforce in strategic 

human capital plan. 

Sec. 852. Department of Defense Acquisition Workforce Development Fund. 

Sec. 853. Extension of authority to fill shortage category positions for certain Federal acquisition positions. 

Sec. 854. Repeal of sunset of acquisition workforce training fund. 

Sec. 855. Federal acquisition workforce improvements. 

Subtitle F—Contracts in Iraq and Afghanistan 

Sec. 861. Memorandum of understanding on matters relating to contracting. 

Sec. 862. Contractors performing private security functions in areas of combat operations. 

Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Afghanistan. 

Sec. 864. Definitions and other general provisions. 

Subtitle G—Defense Materiel Readiness Board 

Sec. 871. Establishment of Defense Materiel Readiness Board. 

Sec. 872. Critical materiel readiness shortfalls. 

Subtitle H—Other Matters 

Sec. 881. Clearinghouse for rapid identification and dissemination of commercial 

information technologies. 

Sec. 882. Authority to license certain military designations and likenesses of weapons systems to toy and hobby manufacturers. 

Sec. 883. Modifications to limitation on contracts to acquire military flight simulator. 

Sec. 884. Requirements relating to waivers of certain domestic source limitations 

relating to specialty metals. 

Sec. 885. Telephone services for military personnel serving in combat zones. 

Sec. 886. Enhanced authority to acquire products and services produced in Iraq and 

Afghanistan. 


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Sec. 887. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology. 

Sec. 888. Green procurement policy. 

Sec. 889. Comptroller General review of use of authority under the Defense Production Act of 1950. 

Sec. 890. Prevention of export control violations. 

Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska 

Native-serving institutions. 

Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghanistan. 

SEC. 800. SHORT TITLE. 

This title may be cited as the ‘‘Acquisition Improvement and 

Accountability Act of 2007’’. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 

THE DEPARTMENT OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES. 

(a) INSPECTORS GENERAL REVIEWS AND DETERMINATIONS.— 

(1) IN GENERAL.—For each covered non-defense agency, 

the Inspector General of the Department of Defense and the 

Inspector General of such covered non-defense agency shall, 

not later than the date specified in paragraph (2), jointly— 

(A) review— 

(i) the procurement policies, procedures, and 

internal controls of such covered non-defense agency 

that are applicable to the procurement of property 

and services on behalf of the Department by such 

covered non-defense agency; and 

(ii) the administration of such policies, procedures, 

and internal controls; and 

(B) determine in writing whether such covered nondefense agency is or is not compliant with defense procurement requirements. 

(2) DEADLINE FOR REVIEWS AND DETERMINATIONS.—The 

reviews and determinations required by paragraph (1) shall 

take place as follows: 

(A) In the case of the General Services Administration, 

by not later than March 15, 2010. 

(B) In the case of each of the Department of the 

Treasury, the Department of the Interior, and the National 

Aeronautics and Space Administration, by not later than 

March 15, 2011. 

(C) In the case of each of the Department of Veterans 

Affairs and the National Institutes of Health, by not later 

than March 15, 2012. 

(3) SEPARATE REVIEWS AND DETERMINATIONS.—The 

Inspector General of the Department of Defense and the 

Inspector General of a covered non-defense agency may by 

joint agreement conduct separate reviews of the procurement 

of property and services on behalf of the Department of Defense 

that are conducted by separate business units, or under separate government-wide acquisition contracts, of the covered nondefense agency. If such separate reviews are conducted, the 

10 USC 2304 

note. 

10 USC 101 note. 


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Inspectors General shall make a separate determination under 

paragraph (1)(B) with respect to each such separate review. 

(4) MEMORANDA OF UNDERSTANDING FOR REVIEWS AND

DETERMINATIONS.—Not later than one year before a review 

and determination is required under this subsection with 

respect to a covered non-defense agency, the Inspector General 

of the Department of Defense and the Inspector General of 

the covered non-defense agency shall enter into a memorandum 

of understanding with each other to carry out such review 

and determination. 

(5) TERMINATION OF NON-COMPLIANCE DETERMINATION.— If the Inspector General of the Department of Defense and 

the Inspector General of a covered non-defense agency determine, pursuant to paragraph (1)(B), that a covered non-defense 

agency is not compliant with defense procurement requirements, the Inspectors General shall terminate such a determination effective on the date on which the Inspectors General 

jointly— 

(A) determine that the non-defense agency is compliant 

with defense procurement requirements; and 

(B) notify the Secretary of Defense of that determination. 

(6) RESOLUTION OF DISAGREEMENTS.—If the Inspector General of the Department of Defense and the Inspector General 

of a covered non-defense agency are unable to agree on a 

joint determination under this subsection, a determination by 

the Inspector General of the Department of Defense under 

this subsection shall be conclusive for the purposes of this 

section. 

(b) LIMITATION ON PROCUREMENTS ON BEHALF OF DEPARTMENT

OF DEFENSE.— 

(1) Except as provided in paragraph (2), an acquisition 

official of the Department of Defense may place an order, 

make a purchase, or otherwise procure property or services 

for the Department of Defense in excess of the simplified 

acquisition threshold through a non-defense agency only if— 

(A) in the case of a procurement by any non-defense 

agency in any fiscal year, the head of the non-defense 

agency has certified that the non-defense agency will 

comply with defense procurement requirements for the 

fiscal year; 

(B) in the case of— 

(i) a procurement by a covered non-defense agency 

in a fiscal year for which a memorandum of understanding is required by subsection (a)(4), the Inspector 

General of the Department of Defense and the 

Inspector General of the covered non-defense agency 

have entered into such a memorandum of understanding; or 

(ii) a procurement by a covered non-defense agency 

in a fiscal year following the Inspectors General review 

and determination required by subsection (a), the 

Inspectors General have determined that a covered 

non-defense agency is compliant with defense procurement requirements or have terminated a prior determination of non-compliance in accordance with subsection (a)(5); and 

Notification. 

Deadline. 


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(C) the procurement is not otherwise prohibited by 

section 817 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109– 

364) or section 811 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163). 

(2) EXCEPTION FOR PROCUREMENTS OF NECESSARY PROPERTY

AND SERVICES.— (A) IN GENERAL.—The limitation in paragraph (1) shall 

not apply to the procurement of property and services 

on behalf of the Department of Defense by a non-defense 

agency during any fiscal year for which there is in effect 

a written determination of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics that it is necessary in the interest of the Department of Defense to 

procure property and services through the non-defense 

agency during such fiscal year. 

(B) SCOPE OF PARTICULAR EXCEPTION.—A written determination with respect to a non-defense agency under 

subparagraph (A) shall apply to any category of procurements through the non-defense agency that is specified 

in the determination. 

(c) GUIDANCE ON INTERAGENCY CONTRACTING.— 

(1) REQUIREMENT.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Defense shall issue 

guidance on the use of interagency contracting by the Department of Defense. 

(2) MATTERS COVERED.—The guidance required by paragraph (1) shall address the circumstances in which it is appropriate for Department of Defense acquisition officials to procure 

goods or services through a contract entered into by an agency 

outside the Department of Defense. At a minimum, the guidance shall address— 

(A) the circumstances in which it is appropriate for 

such acquisition officials to use direct acquisitions; 

(B) the circumstances in which it is appropriate for 

such acquisition officials to use assisted acquisitions; 

(C) the circumstances in which it is appropriate for 

such acquisition officials to use interagency contracting 

to acquire items unique to the Department of Defense 

and the procedures for approving such interagency contracting; 

(D) the circumstances in which it is appropriate for 

such acquisition officials to use interagency contracting 

to acquire items that are already being provided under 

a contract awarded by the Department of Defense; 

(E) tools that should be used by such acquisition officials to determine whether items are already being provided 

under a contract awarded by the Department of Defense; 

and 

(F) procedures for ensuring that defense procurement 

requirements are identified and communicated to outside 

agencies involved in interagency contracting. 

(d) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS.—For the purposes of this section, a non-defense agency 

is compliant with defense procurement requirements if the procurement policies, procedures, and internal controls of the non-defense 

agency applicable to the procurement of products and services on 

Deadline. 


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behalf of the Department of Defense, and the manner in which 

they are administered, are adequate to ensure the compliance of 

the non-defense agency with the requirements of laws and regulations (including applicable Department of Defense financial management regulations) that apply to procurements of property and services made directly by the Department of Defense. 

(e) TREATMENT OF PROCUREMENTS FOR FISCAL YEAR PURPOSES.—For the purposes of this section, a procurement shall be 

treated as being made during a particular fiscal year to the extent 

that funds are obligated by the Department of Defense for the 

procurement in that fiscal year. 

(f) DEFINITIONS.—In this section: 

(1) NON-DEFENSE AGENCY.—The term ‘‘non-defense agency’’ 

means any department or agency of the Federal Government 

other than the Department of Defense. Such term includes 

a covered non-defense agency. 

(2) COVERED NON-DEFENSE AGENCY.—The term ‘‘covered 

non-defense agency’’ means each of the following: 

(A) The General Services Administration. 

(B) The Department of the Treasury. 

(C) The Department of the Interior. 

(D) The National Aeronautics and Space Administration. 

(E) The Department of Veterans Affairs. 

(F) The National Institutes of Health. 

(3) GOVERNMENT-WIDE ACQUISITION CONTRACT.—The term 

‘‘government-wide acquisition contract’’ means a task or 

delivery order contract that— 

(A) is entered into by a non-defense agency; and 

(B) may be used as the contract under which property 

or services are procured for one or more other departments 

or agencies of the Federal Government. 

(4) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘‘simplified acquisition threshold’’ has the meaning provided by section 2302(7) of title 10, United States Code. 

(5) INTERAGENCY CONTRACTING.—The term ‘‘interagency 

contracting’’ means the exercise of the authority under section 

1535 of title 31, United States Code, or other statutory 

authority, for Federal agencies to purchase goods and services 

under contracts entered into or administered by other agencies. 

(6) ACQUISITION OFFICIAL.—The term ‘‘acquisition official’’, 

with respect to the Department of Defense, means— 

(A) a contracting officer of the Department of Defense; 

or 

(B) any other Department of Defense official authorized 

to approve a direct acquisition or an assisted acquisition 

on behalf of the Department of Defense. 

(7) DIRECT ACQUISITION.—The term ‘‘direct acquisition’’, 

with respect to the Department of Defense, means the type 

of interagency contracting through which the Department of 

Defense orders an item or service from a government-wide 

acquisition contract maintained by a non-defense agency. 

(8) ASSISTED ACQUISITION.—The term ‘‘assisted acquisition’’, 

with respect to the Department of Defense, means the type 

of interagency contracting through which acquisition officials 

of a non-defense agency award a contract or task or delivery 


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122 STAT. 206 PUBLIC LAW 110–181—JAN. 28, 2008 

order for the procurement of goods or services on behalf of 

the Department of Defense. 

SEC. 802. LEAD SYSTEMS INTEGRATORS. 

(a) PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.— 

(1) PROHIBITION ON NEW LEAD SYSTEMS INTEGRATORS.— 

Effective October 1, 2010, the Department of Defense may 

not award a new contract for lead systems integrator functions 

in the acquisition of a major system to any entity that was 

not performing lead systems integrator functions in the acquisition of the major system prior to the date of the enactment 

of this Act. 

(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND

LOW-RATE INITIAL PRODUCTION.—Effective on the date of the 

enactment of this Act, the Department of Defense may award 

a new contract for lead systems integrator functions in the 

acquisition of a major system only if— 

(A) the major system has not yet proceeded beyond 

low-rate initial production; or 

(B) the Secretary of Defense determines in writing 

that it would not be practicable to carry out the acquisition 

without continuing to use a contractor to perform lead 

systems integrator functions and that doing so is in the 

best interest of the Department. 

(3) REQUIREMENTS RELATING TO DETERMINATIONS.—A 

determination under paragraph (2)(B)— 

(A) shall specify the reasons why it would not be practicable to carry out the acquisition without continuing to 

use a contractor to perform lead systems integrator functions (including a discussion of alternatives, such as the 

use of the Department of Defense workforce, or a system 

engineering and technical assistance contractor); 

(B) shall include a plan for phasing out the use of 

contracted lead systems integrator functions over the 

shortest period of time consistent with the interest of the 

national defense; 

(C) may not be delegated below the level of the Under 

Secretary of Defense for Acquisition, Technology, and Logistics; and 

(D) shall be provided to the Committees on Armed 

Services of the Senate and the House of Representatives 

at least 45 days before the award of a contract pursuant 

to the determination. 

(b) ACQUISITION WORKFORCE.— 

(1) REQUIREMENT.—The Secretary of Defense shall ensure 

that the acquisition workforce is of the appropriate size and 

skill level necessary— 

(A) to accomplish inherently governmental functions 

related to acquisition of major systems; and 

(B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to 

perform lead systems integrator functions. 

(2) REPORT.—The Secretary shall include an update on 

the progress made in complying with paragraph (1) in the 

annual report required by section 820 of the John Warner 

Effective dates. 

Contracts. 

10 USC 2410p 

note. 


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National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2330). 

(c) EXCEPTION FOR CONTRACTS FOR OTHER MANAGEMENT SERVICES.—The Department of Defense may continue to award contracts 

for the procurement of services the primary purpose of which is 

to perform acquisition support functions with respect to the development or production of a major system, if the following conditions 

are met with respect to each such contract: 

(1) The contract prohibits the contractor from performing 

inherently governmental functions. 

(2) The Department of Defense organization responsible 

for the development or production of the major system ensures 

that Federal employees are responsible for— 

(A) determining courses of action to be taken in the 

best interest of the government; and 

(B) determining best technical performance for the 

warfighter. 

(3) The contract requires that the prime contractor for 

the contract may not advise or recommend the award of a 

contract or subcontract for the development or production of 

the major system to an entity owned in whole or in part 

by the prime contractor. 

(d) DEFINITIONS.—In this section: 

(1) LEAD SYSTEMS INTEGRATOR.—The term ‘‘lead systems 

integrator’’ means— 

(A) a prime contractor for the development or production of a major system, if the prime contractor is not 

expected at the time of award to perform a substantial 

portion of the work on the system and the major subsystems; or 

(B) a prime contractor under a contract for the procurement of services the primary purpose of which is to perform 

acquisition functions closely associated with inherently 

governmental functions with respect to the development 

or production of a major system. 

(2) MAJOR SYSTEM.—The term ‘‘major system’’ has the 

meaning given such term in section 2302d of title 10, United 

States Code. 

(3) LOW-RATE INITIAL PRODUCTION.—The term ‘‘low-rate initial production’’ has the meaning given such term in section 

2400 of title 10, United States Code. 

SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC 

MATERIALS. 

(a) ASSESSMENT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Strategic Materials Protection 

Board established pursuant to section 187 of title 10, United States 

Code, shall perform an assessment of the extent to which domestic 

producers of strategic materials are investing and planning to invest 

on a sustained basis in the processes, infrastructure, workforce 

training, and facilities required for the continued domestic production of such materials to meet national defense requirements. 

(b) COOPERATION OF DOMESTIC PRODUCERS.—The Department 

of Defense may take into consideration the degree of cooperation 

of any domestic producer of strategic materials with the assessment 

conducted under subsection (a) when determining how much weight 

to accord any comments provided by such domestic producer 

Deadline. 


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122 STAT. 208 PUBLIC LAW 110–181—JAN. 28, 2008 

regarding a proposed waiver of domestic source limitations pursuant 

to section 2533b of title 10, United States Code. 

(c) REPORT TO CONGRESSIONAL DEFENSE COMMITTEES.—The 

Board shall include the findings and recommendations of the assessment required by subsection (a) in the first report submitted to 

Congress pursuant to section 187(d) of title 10, United States Code, 

after the completion of such assessment. 

(d) DEFINITION.—The term ‘‘strategic material’’ means— 

(1) a material designated as critical to national security 

by the Strategic Materials Protection Board in accordance with 

section 187 of title 10, United States Code; or 

(2) a specialty metal as defined by section 2533b of title 

10, United States Code. 

SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS CRITICAL TO NATIONAL SECURITY. 

(a) PROHIBITION.—Subsection (a) of section 2533b of title 10, 

United States Code, is amended— 

(1) by striking ‘‘Except as provided in subsections (b) 

through (j), funds appropriated or otherwise available to the 

Department of Defense may not be used for the procurement 

of—’’ and inserting ‘‘Except as provided in subsections (b) 

through (m), the acquisition by the Department of Defense 

of the following items is prohibited:’’; 

(2) in paragraph (1)— 

(A) by striking ‘‘the following’’ and inserting ‘‘The following’’; and 

(B) by striking ‘‘; or’’ and inserting a period; and 

(3) in paragraph (2), by striking ‘‘a speciality’’ and inserting 

‘‘A specialty’’. 

(b) APPLICABILITY TO ACQUISITION OF COMMERCIAL ITEMS.— 

Subsection (h) of such section is amended to read as follows: 

‘‘(h) APPLICABILITY TO ACQUISITIONS OF COMMERCIAL ITEMS.— 

(1) Except as provided in paragraphs (2) and (3), this section applies 

to acquisitions of commercial items, notwithstanding sections 34 

and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 

430 and 431). 

‘‘(2) This section does not apply to contracts or subcontracts 

for the acquisition of commercially available off-the-shelf items, 

as defined in section 35(c) of the Office of Federal Procurement 

Policy Act (41 U.S.C. 431(c)), other than— 

‘‘(A) contracts or subcontracts for the acquisition of specialty metals, including mill products, such as bar, billet, slab, 

wire, plate and sheet, that have not been incorporated into 

end items, subsystems, assemblies, or components; 

‘‘(B) contracts or subcontracts for the acquisition of forgings 

or castings of specialty metals, unless such forgings or castings 

are incorporated into commercially available off-the-shelf end 

items, subsystems, or assemblies; 

‘‘(C) contracts or subcontracts for commercially available 

high performance magnets unless such high performance 

magnets are incorporated into commercially available off-theshelf-end items or subsystems; and 

‘‘(D) contracts or subcontracts for commercially available 

off-the-shelf fasteners, unless such fasteners are— 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 209 

‘‘(i) incorporated into commercially available off-theshelf end items, subsystems, assemblies, or components; 

or 

‘‘(ii) purchased as provided in paragraph (3). 

‘‘(3) This section does not apply to fasteners that are commercial 

items that are purchased under a contract or subcontract with 

a manufacturer of such fasteners, if the manufacturer has certified 

that it will purchase, during the relevant calendar year, an amount 

of domestically melted specialty metal, in the required form, for 

use in the production of such fasteners for sale to the Department 

of Defense and other customers, that is not less than 50 percent 

of the total amount of the specialty metal that it will purchase 

to carry out the production of such fasteners.’’. 

(c) ELECTRONIC COMPONENTS.—Subsection (g) of such section 

is amended by striking ‘‘commercially available’’ and all that follows 

through the end of the subsection and inserting ‘‘electronic components, unless the Secretary of Defense, upon the recommendation 

of the Strategic Materials Protection Board pursuant to section 

187 of this title, determines that the domestic availability of a 

particular electronic component is critical to national security.’’. 

(d) ADDITIONAL EXCEPTIONS.—Section 2533b of title 10, United 

States Code, as amended by subsections (a), (b), and (c), is further 

amended— 

(1) by redesignating subsections (i) and (j) as subsections 

(l) and (m), respectively; and 

(2) by inserting after subsection (h) the following new subsections: 

‘‘(i) EXCEPTIONS FOR PURCHASES OF SPECIALTY METALS BELOW

MINIMUM THRESHOLD.—(1) Notwithstanding subsection (a), the Secretary of Defense or the Secretary of a military department may 

accept delivery of an item containing specialty metals that were 

not melted in the United States if the total amount of noncompliant 

specialty metals in the item does not exceed 2 percent of the 

total weight of specialty metals in the item. 

‘‘(2) This subsection does not apply to high performance 

magnets. 

‘‘(j) STREAMLINED COMPLIANCE FOR COMMERCIAL DERIVATIVE

MILITARY ARTICLES.—(1) Subsection (a) shall not apply to an item 

acquired under a prime contract if the Secretary of Defense or 

the Secretary of a military department determines that— 

‘‘(A) the item is a commercial derivative military article; 

and 

‘‘(B) the contractor certifies that the contractor and its 

subcontractors have entered into a contractual agreement, or 

agreements, to purchase an amount of domestically melted 

specialty metal in the required form, for use during the period 

of contract performance in the production of the commercial 

derivative military article and the related commercial article, 

that is not less than the greater of— 

‘‘(i) an amount equivalent to 120 percent of the amount 

of specialty metal that is required to carry out the production of the commercial derivative military article (including 

the work performed under each subcontract); or 

‘‘(ii) an amount equivalent to 50 percent of the amount 

of specialty metal that is purchased by the contractor and 

Certification. 


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122 STAT. 210 PUBLIC LAW 110–181—JAN. 28, 2008 

its subcontractors for use during such period in the production of the commercial derivative military article and the 

related commercial article. 

‘‘(2) For the purposes of this subsection, the amount of specialty 

metal that is required to carry out the production of the commercial 

derivative military article includes specialty metal contained in 

any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article. 

‘‘(k) NATIONAL SECURITY WAIVER.—(1) Notwithstanding subsection (a), the Secretary of Defense may accept the delivery of 

an end item containing noncompliant materials if the Secretary 

determines in writing that acceptance of such end item is necessary 

to the national security interests of the United States. 

‘‘(2) A written determination under paragraph (1)— 

‘‘(A) may not be delegated below the level of the Deputy 

Secretary of Defense or the Under Secretary of Defense for 

Acquisition, Technology, and Logistics; 

‘‘(B) shall specify the quantity of end items to which the 

waiver applies and the time period over which the waiver 

applies; and 

‘‘(C) shall be provided to the congressional defense committees prior to making such a determination (except that in 

the case of an urgent national security requirement, such certification may be provided to the defense committees up to 

7 days after it is made). 

‘‘(3)(A) In any case in which the Secretary makes a determination under paragraph (1), the Secretary shall determine whether 

or not the noncompliance was knowing and willful. 

‘‘(B) If the Secretary determines that the noncompliance was 

not knowing or willful, the Secretary shall ensure that the contractor or subcontractor responsible for the noncompliance develops 

and implements an effective plan to ensure future compliance. 

‘‘(C) If the Secretary determines that the noncompliance was 

knowing or willful, the Secretary shall— 

‘‘(i) require the development and implementation of a plan 

to ensure future compliance; and 

‘‘(ii) consider suspending or debarring the contractor or 

subcontractor until such time as the contractor or subcontractor 

has effectively addressed the issues that lead to such noncompliance.’’. 

(e) ADDITIONAL DEFINITIONS.—Subsection (m) of section 2533b 

of title 10, United States Code, as redesignated by subsection (c), 

is further amended by adding at the end the following: 

‘‘(3) The term ‘acquisition’ has the meaning provided in 

section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403). 

‘‘(4) The term ‘required form’ shall not apply to end items 

or to their components at any tier. The term ‘required form’ 

means in the form of mill product, such as bar, billet, wire, 

slab, plate or sheet, and in the grade appropriate for the production of— 

‘‘(A) a finished end item delivered to the Department 

of Defense; or 

‘‘(B) a finished component assembled into an end item 

delivered to the Department of Defense. 

Determination. 


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‘‘(5) The term ‘commercially available off-the-shelf’, has 

the meaning provided in section 35(c) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 431(c)). 

‘‘(6) The term ‘assemblies’ means items forming a portion 

of a system or subsystem that can be provisioned and replaced 

as an entity and which incorporates multiple, replaceable parts. 

‘‘(7) The term ‘commercial derivative military article’ means 

an item procured by the Department of Defense that is or 

will be produced using the same production facilities, a common 

supply chain, and the same or similar production processes 

that are used for the production of articles predominantly used 

by the general public or by nongovernmental entities for purposes other than governmental purposes. 

‘‘(8) The term ‘subsystem’ means a functional grouping 

of items that combine to perform a major function within an 

end item, such as electrical power, attitude control, and propulsion. 

‘‘(9) The term ‘end item’ means the final production product 

when assembled or completed, and ready for issue, delivery, 

or deployment. 

‘‘(10) The term ‘subcontract’ includes a subcontract at any 

tier.’’. 

(f) CONFORMING AMENDMENTS.—Section 2533b of title 10, 

United States Code, is further amended— 

(1) in subsection (c)— 

(A) in the heading, by striking ‘‘PROCUREMENTS’’ and 

inserting ‘‘ACQUISITIONS’’; and 

(B) in paragraphs (1) and (2), by striking ‘‘Procurements’’ and inserting ‘‘Acquisitions’’; 

(2) in subsection (d), by striking ‘‘procurement’’ each place 

it appears and inserting ‘‘acquisition’’; and 

(3) in subsections (f) and (g), by striking ‘‘procurements’’ 

each place it appears and inserting ‘‘acquisitions’’. 

(g) IMPLEMENTATION.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall prescribe 

regulations on the implementation of this section and the amendments made by this section, including specific guidance on how 

thresholds established in subsections (h)(3), (i) and (j) of section 

2533b of title 10, United States Code, as amended by this section, 

should be implemented. 

(h) REVISION OF DOMESTIC NONAVAILABILITY DETERMINATIONS

AND RULES.—No later than 180 days after the date of the enactment 

of this Act, any domestic nonavailability determination under section 2533b of title 10, United States Code, including a class deviation, or rules made by the Department of Defense between 

December 6, 2006, and the date of the enactment of this Act, 

shall be reviewed and amended, as necessary, to comply with the 

amendments made by this section. This requirement shall not apply 

to a domestic nonavailability determination that applies to— 

(1) an individual contract that was entered into before 

the date of the enactment of this Act; or 

(2) an individual Department of Defense program, except 

to the extent that such domestic nonavailability determination 

applies to contracts entered into after the date of the enactment 

of this Act. 

(i) TRANSPARENCY REQUIREMENT FOR COMMERCIALLY AVAIL- ABLE OFF-THE-SHELF ITEM EXCEPTION.—The Secretary of Defense 

Deadlines. 

Reports. 

Deadline. 

10 USC 2533b 

note. 

Deadline. 

Regulations. 

10 USC 2533b 

note. 


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122 STAT. 212 PUBLIC LAW 110–181—JAN. 28, 2008 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives, not later than December 30, 2008, 

a report on the use of authority provided under subsection (h) 

of section 2533b of title 10, United States Code, as amended by 

this section. Such report shall include, at a minimum, a description 

of types of items being procured as commercially available offthe-shelf items under such subsection and incorporated into noncommercial items. The Secretary shall submit an update of such 

report to such committees not later than December 30, 2009. 

SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES. 

(a) REGULATIONS REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act , the Secretary of Defense 

shall modify the regulations of the Department of Defense for 

the procurement of commercial services for or on behalf of the 

Department of Defense. 

(b) APPLICABILITY OF COMMERCIAL PROCEDURES.— 

(1) SERVICES OF A TYPE SOLD IN MARKETPLACE.—The regulations modified pursuant to subsection (a) shall ensure that 

services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a 

type offered and sold competitively in substantial quantities 

in the commercial marketplace, may be treated as commercial 

items for purposes of section 2306a of title 10, United States 

Code (relating to truth in negotiations), only if the contracting 

officer determines in writing that the offeror has submitted 

sufficient information to evaluate, through price analysis, the 

reasonableness of the price for such services. 

(2) INFORMATION SUBMITTED.—To the extent necessary to 

make a determination under paragraph (1), the contracting 

officer may request the offeror to submit— 

(A) prices paid for the same or similar commercial 

items under comparable terms and conditions by both 

government and commercial customers; and 

(B) if the contracting officer determines that the 

information described in subparagraph (A) is not sufficient 

to determine the reasonableness of price, other relevant 

information regarding the basis for price or cost, including 

information on labor costs, material costs, and overhead 

rates. 

(c) TIME-AND-MATERIALS CONTRACTS.— 

(1) COMMERCIAL ITEM ACQUISITIONS.—The regulations 

modified pursuant to subsection (a) shall ensure that procedures 

applicable to time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for 

the following: 

(A) Services procured for support of a commercial item, 

as described in section 4(12)(E) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 403(12)(E)). 

(B) Emergency repair services. 

(C) Any other commercial services only to the extent 

that the head of the agency concerned approves a determination in writing by the contracting officer that— 

(i) the services to be acquired are commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F)); 

10 USC 2330 

note. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 213 

(ii) if the services to be acquired are subject to 

subsection (b), the offeror of the services has submitted 

sufficient information in accordance with that subsection; 

(iii) such services are commonly sold to the general 

public through use of time-and-materials or labor-hour 

contracts; and 

(iv) the use of a time-and-materials or labor-hour 

contract type is in the best interest of the Government. 

(2) NON-COMMERCIAL ITEM ACQUISITIONS.—Nothing in this 

subsection shall be construed to preclude the use of procedures 

applicable to time-and-materials contracts and labor-hour contracts for non-commercial item acquisitions for the acquisition 

of any category of services. 

SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF CONTRACT SERVICES. 

(a) SPECIFICATION OF AMOUNTS REQUESTED.—The budget justification materials submitted to Congress in support of the budget 

of the Department of Defense for any fiscal year after fiscal year 

2009 shall identify clearly and separately the amounts requested 

in each budget account for the procurement of contract services. 

(b) INFORMATION PROVIDED.—For each budget account, the 

materials submitted shall clearly identify— 

(1) the amount requested for each Department of Defense 

component, installation, or activity; and 

(2) the amount requested for each type of service to be 

provided. 

(c) CONTRACT SERVICES DEFINED.—In this section, the term 

‘‘contract services’’— 

(1) means services from contractors; but 

(2) excludes services relating to research and development 

and services relating to military construction. 

SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES. 

(a) INVENTORY REQUIREMENT.—Section 2330a of title 10, United 

States Code, is amended— 

(1) by redesignating subsection (d) as subsection (g); 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) INVENTORY.—(1) Not later than the end of the third quarter 

of each fiscal year, the Secretary of Defense shall submit to Congress 

an annual inventory of the activities performed during the preceding 

fiscal year pursuant to contracts for services for or on behalf of 

the Department of Defense. The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered 

by such entry, the following: 

‘‘(A) The functions and missions performed by the contractor. 

‘‘(B) The contracting organization, the component of the 

Department of Defense administering the contract, and the 

organization whose requirements are being met through contractor performance of the function. 

‘‘(C) The funding source for the contract under which the 

function is performed by appropriation and operating agency. 

‘‘(D) The fiscal year for which the activity first appeared 

on an inventory under this section. 

‘‘(E) The number of full-time contractor employees (or its 

equivalent) paid for the performance of the activity. 

Deadline. 

10 USC 221 note. 


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‘‘(F) A determination whether the contract pursuant to 

which the activity is performed is a personal services contract. 

‘‘(G) A summary of the data required to be collected for 

the activity under subsection (a). 

‘‘(2) The inventory required under this subsection shall be submitted in unclassified form, but may include a classified annex. 

‘‘(d) PUBLIC AVAILABILITY OF INVENTORIES.—Not later than 30 

days after the date on which an inventory under subsection (c) 

is required to be submitted to Congress, the Secretary shall— 

‘‘(1) make the inventory available to the public; and 

‘‘(2) publish in the Federal Register a notice that the inventory is available to the public. 

‘‘(e) REVIEW AND PLANNING REQUIREMENTS.—Within 90 days 

after the date on which an inventory is submitted under subsection 

(c), the Secretary of the military department or head of the Defense 

Agency responsible for activities in the inventory shall— 

‘‘(1) review the contracts and activities in the inventory 

for which such Secretary or agency head is responsible; 

‘‘(2) ensure that— 

‘‘(A) each contract on the list that is a personal services 

contract has been entered into, and is being performed, 

in accordance with applicable statutory and regulatory 

requirements; 

‘‘(B) the activities on the list do not include any inherently governmental functions; and 

‘‘(C) to the maximum extent practicable, the activities 

on the list do not include any functions closely associated 

with inherently governmental functions; 

‘‘(3) identify activities that should be considered for conversion— 

‘‘(A) to performance by civilian employees of the 

Department of Defense pursuant to section 2463 of this 

title; or 

‘‘(B) to an acquisition approach that would be more 

advantageous to the Department of Defense; and 

‘‘(4) develop a plan to provide for appropriate consideration 

of the conversion of activities identified under paragraph (3) 

within a reasonable period of time. 

‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to authorize the performance of personal services 

by a contractor except where expressly authorized by a provision 

of law other than this section.’’; and 

(3) by adding at the end of subsection (g) (as so redesignated) the following new paragraphs: 

‘‘(3) FUNCTION CLOSELY ASSOCIATED WITH INHERENTLY

GOVERNMENTAL FUNCTIONS.—The term ‘function closely associated with inherently governmental functions’ has the meaning 

given that term in section 2383(b)(3) of this title. 

‘‘(4) INHERENTLY GOVERNMENTAL FUNCTIONS.—The term 

‘inherently governmental functions’ has the meaning given that 

term in section 2383(b)(2) of this title. 

‘‘(5) PERSONAL SERVICES CONTRACT.—The term ‘personal 

services contract’ means a contract under which, as a result 

of its terms or conditions or the manner of its administration 

during performance, contractor personnel are subject to the 

relatively continuous supervision and control of one or more 

Government officers or employees, except that the giving of 

Deadline. 

Deadline. 

Federal Register, 

publication. 


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an order for a specific article or service, with the right to 

reject the finished product or result, is not the type of supervision or control that makes a contract a personal services 

contract.’’. 

(b) EFFECTIVE DATE.— 

(1) The amendments made by subsection (a) shall be effective upon the date of the enactment of this Act. 

(2) The first inventory required by section 2330a(c) of title 

10, United States Code, as added by subsection (a), shall be 

submitted not later than the end of the third quarter of fiscal 

year 2008. 

SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR 

SERVICES. 

(a) GUIDANCE AND INSTRUCTIONS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall issue guidance, with detailed implementation instructions, 

for the Department of Defense to provide for periodic independent 

management reviews of contracts for services. The independent 

management review guidance and instructions issued pursuant to 

this subsection shall be designed to evaluate, at a minimum— 

(1) contract performance in terms of cost, schedule, and 

requirements; 

(2) the use of contracting mechanisms, including the use 

of competition, the contract structure and type, the definition 

of contract requirements, cost or pricing methods, the award 

and negotiation of task orders, and management and oversight 

mechanisms; 

(3) the contractor’s use, management, and oversight of subcontractors; 

(4) the staffing of contract management and oversight functions; and 

(5) the extent of any pass-throughs, and excessive passthrough charges (as defined in section 852 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007), by 

the contractor. 

(b) ADDITIONAL SUBJECT OF REVIEW.—In addition to the matters required by subsection (a), the guidance and instructions issued 

pursuant to subsection (a) shall provide for procedures for the 

periodic review of contracts under which one contractor provides 

oversight for services performed by other contractors. In particular, 

the procedures shall be designed to evaluate, at a minimum— 

(1) the extent of the agency’s reliance on the contractor 

to perform acquisition functions closely associated with inherently governmental functions as defined in section 2383(b)(3) 

of title 10, United States Code; and 

(2) the financial interest of any prime contractor performing 

acquisition functions described in paragraph (1) in any contract 

or subcontract with regard to which the contractor provided 

advice or recommendations to the agency. 

(c) ELEMENTS.—The guidance and instructions issued pursuant 

to subsection (a) shall address, at a minimum— 

(1) the contracts subject to independent management 

reviews, including any applicable thresholds and exceptions; 

(2) the frequency with which independent management 

reviews shall be conducted; 

Deadline. 

10 USC 2330 

note. 

Deadline. 

10 USC 2330a 

note. 


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(3) the composition of teams designated to perform independent management reviews; 

(4) any phase-in requirements needed to ensure that qualified staff are available to perform independent management 

reviews; 

(5) procedures for tracking the implementation of recommendations made by independent management review 

teams; and 

(6) procedures for developing and disseminating lessons 

learned from independent management reviews. 

(c) REPORTS.— (1) REPORT ON GUIDANCE AND INSTRUCTION.—Not later than 

270 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the congressional defense 

committees a report setting forth the guidance and instructions 

issued pursuant to subsection (a). 

(2) GAO REPORT ON IMPLEMENTATION.—Not later than two 

years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of 

the guidance and instructions issued pursuant to subsection 

(a). 

SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS 

APPLICABLE TO UNDEFINITIZED CONTRACTUAL 

ACTIONS. 

(a) GUIDANCE AND INSTRUCTIONS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall issue guidance, with detailed implementation instructions, 

for the Department of Defense to ensure the implementation and 

enforcement of requirements applicable to undefinitized contractual 

actions. 

(b) ELEMENTS.—The guidance and instructions issued pursuant 

to subsection (a) shall address, at a minimum— 

(1) the circumstances in which it is, and is not, appropriate 

for Department of Defense officials to use undefinitized contractual actions; 

(2) approval requirements (including thresholds) for the 

use of undefinitized contractual actions; 

(3) procedures for ensuring that timelines for the 

definitization of undefinitized contractual actions are met; 

(4) procedures for ensuring compliance with regulatory 

limitations on the obligation of funds pursuant to undefinitized 

contractual actions; 

(5) procedures for ensuring compliance with regulatory 

limitations on profit or fee with respect to costs incurred before 

the definitization of an undefinitized contractual action; and 

(6) reporting requirements for undefinitized contractual 

actions that fail to meet required timelines for definitization 

or fail to comply with regulatory limitations on the obligation 

of funds or on profit or fee. 

(c) REPORTS.— 

(1) REPORT ON GUIDANCE AND INSTRUCTIONS.—Not later 

than 210 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the congressional 

defense committees a report setting forth the guidance and 

instructions issued pursuant to subsection (a). 

Deadline. 

10 USC 2326 

note. 


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(2) GAO REPORT.—Not later than two years after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the congressional defense committees a report on the extent to which the guidance and instructions issued pursuant to subsection (a) have resulted in 

improvements to— 

(A) the level of insight that senior Department of 

Defense officials have into the use of undefinitized contractual actions; 

(B) the appropriate use of undefinitized contractual 

actions; 

(C) the timely definitization of undefinitized contractual actions; and 

(D) the negotiation of appropriate profits and fees for 

undefinitized contractual actions. 

SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR 

SPECIAL OPERATIONS COMMAND. 

Section 167(e)(4) of title 10, United States Code, is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); and 

(2) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C)(i) The staff of the commander shall include a command 

acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the special operations command. 

The command acquisition executive shall have the authority to— 

‘‘(I) negotiate memoranda of agreement with the military 

departments to carry out the acquisition of equipment, material, 

supplies, and services described in subparagraph (A) on behalf 

of the command; 

‘‘(II) supervise the acquisition of equipment, material, supplies, and services described in subparagraph (A), regardless 

of whether such acquisition is carried out by the command, 

or by a military department pursuant to a delegation of 

authority by the command; 

‘‘(III) represent the command in discussions with the military departments regarding acquisition programs for which 

the command is a customer; and 

‘‘(IV) work with the military departments to ensure that 

the command is appropriately represented in any joint working 

group or integrated product team regarding acquisition programs for which the command is a customer. 

‘‘(ii) The command acquisition executive of the special operations command shall be included on the distribution list for acquisition directives and instructions of the Department of Defense.’’. 

Subtitle B—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS 

FOR THE PROCUREMENT OF MAJOR SYSTEMS OF THE 

DEPARTMENT OF DEFENSE. 

(a) ADDITIONAL REQUIREMENTS APPLICABLE TO MULTIYEAR CON- TRACTS.—Section 2306b of title 10, United States Code, is amended 

as follows: 


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122 STAT. 218 PUBLIC LAW 110–181—JAN. 28, 2008 

(1) Subsection (a) of such section is amended by adding 

at the end the following new paragraph: 

‘‘(7) In the case of a contract in an amount equal to or 

greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of paragraph (1) of subsection (i) 

will be met, in accordance with the Secretary’s certification 

and determination under such subsection, by such contract.’’. 

(2) Subsection (i)(1) of such section is amended by inserting 

after ‘‘unless’’ the following: ‘‘the Secretary of Defense certifies 

in writing by no later than March 1 of the year in which 

the Secretary requests legislative authority to enter into such 

contract that’’. 

(3) Subsection (i)(1) of such section is further amended— 

(A) by redesignating subparagraph (B) as subparagraph (G); and 

(B) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will 

be met by such contract and has provided the basis for such 

determination to the congressional defense committees. 

‘‘(B) The Secretary’s determination under subparagraph (A) 

was made after the completion of a cost analysis performed 

by the Cost Analysis Improvement Group of the Department 

of Defense and such analysis supports the findings. 

‘‘(C) The system being acquired pursuant to such contract 

has not been determined to have experienced cost growth in 

excess of the critical cost growth threshold pursuant to section 

2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance 

procurement entered into consistent with the authorization for 

such contract) will be awarded. 

‘‘(D) A sufficient number of end items of the system being 

acquired under such contract have been delivered at or within 

the most current estimates of the program acquisition unit 

cost or procurement unit cost for such system to determine 

that current estimates of such unit costs are realistic. 

‘‘(E) During the fiscal year in which such contract is to 

be awarded, sufficient funds will be available to perform the 

contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required 

to execute the program without cancellation. 

‘‘(F) The contract is a fixed price type contract.’’. 

(4) Subsection (i) of such section is further amended by 

adding at the end the following new paragraphs: 

‘‘(5) The Secretary may make the certification under paragraph 

(1) notwithstanding the fact that one or more of the conditions 

of such certification are not met if the Secretary determines that, 

due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department 

of Defense and the Secretary provides the basis for such determination with the certification. 

‘‘(6) The Secretary of Defense may not delegate the authority 

to make the certification under paragraph (1) or the determination 

under paragraph (5) to an official below the level of Under Secretary 

of Defense for Acquisition, Technology, and Logistics. 

Certification. 

Deadline. 


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‘‘(7) The Secretary of Defense shall send a notification containing the findings of the agency head under subsection (a), and 

the basis for such findings, 30 days prior to the award of a multiyear 

contract for a defense acquisition program that has been specifically 

authorized by law.’’. 

(5) Such section is further amended by adding at the end 

the following new subsection: 

‘‘(m) INCREASED FUNDING AND REPROGRAMMING REQUESTS.— Any request for increased funding for the procurement of a major 

system under a multiyear contract authorized under this section 

shall be accompanied by an explanation of how the request for 

increased funding affects the determinations made by the Secretary 

under subsection (i).’’. 

(b) APPLICABILITY.—The amendments made by this section shall 

take effect on the date of the enactment of this Act and shall 

apply with respect to multiyear contracts for the purchase of major 

systems for which legislative authority is requested on or after 

that date. 

SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS. 

Section 2366a of title 10, United States Code, is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a) CERTIFICATION.—A major defense acquisition program may 

not receive Milestone B approval, or Key Decision Point B approval 

in the case of a space program, until the milestone decision 

authority— 

‘‘(1) has received a business case analysis and certifies 

on the basis of the analysis that— 

‘‘(A) the program is affordable when considering the 

ability of the Department of Defense to accomplish the 

program’s mission using alternative systems; 

‘‘(B) the program is affordable when considering the 

per unit cost and the total acquisition cost in the context 

of the total resources available during the period covered 

by the future-years defense program submitted during the 

fiscal year in which the certification is made; 

‘‘(C) reasonable cost and schedule estimates have been 

developed to execute the product development and production plan under the program; and 

‘‘(D) funding is available to execute the product 

development and production plan under the program, 

through the period covered by the future-years defense 

program submitted during the fiscal year in which the 

certification is made, consistent with the estimates 

described in subparagraph (C) for the program; and 

‘‘(2) further certifies that— 

‘‘(A) appropriate market research has been conducted 

prior to technology development to reduce duplication of 

existing technology and products; 

‘‘(B) the Department of Defense has completed an analysis of alternatives with respect to the program; 

‘‘(C) the Joint Requirements Oversight Council has 

accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis 

of the operational requirements for the program; 

‘‘(D) the technology in the program has been demonstrated in a relevant environment; 

Effective date. 

10 USC 2306b 

note. 

Notification. 

Deadline. 


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‘‘(E) the program demonstrates a high likelihood of 

accomplishing its intended mission; and 

‘‘(F) the program complies with all relevant policies, 

regulations, and directives of the Department of Defense.’’; 

(2) by redesignating subsections (b), (c), (d), and (e) as 

subsections (c), (d), (e), and (f), respectively; 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) CHANGES TO CERTIFICATION.—(1) The program manager 

for a major defense acquisition program that has received certification under subsection (a) shall immediately notify the milestone 

decision authority of any changes to the program that— 

‘‘(A) alter the substantive basis for the certification of the 

milestone decision authority relating to any component of such 

certification specified in paragraph (1) or (2) of subsection (a); 

or 

‘‘(B) otherwise cause the program to deviate significantly 

from the material provided to the milestone decision authority 

in support of such certification. 

‘‘(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification concerned 

or rescind Milestone B approval (or Key Decision Point B approval 

in the case of a space program) if the milestone decision authority 

determines that such certification or approval is no longer valid.’’; 

(4) in subsection (c), as redesignated by paragraph (1)— 

(A) by inserting ‘‘(1)’’ before ‘‘The certification’’; and 

(B) by adding at the end the following new paragraph 

(2): 

‘‘(2) A summary of any information provided to the milestone 

decision authority pursuant to subsection (b) and a description 

of the actions taken as a result of such information shall be submitted with the first Selected Acquisition Report submitted under 

section 2432 of this title after receipt of such information by the 

milestone decision authority.’’; 

(5) in subsection (d), as so redesignated— 

(A) by striking ‘‘authority may waive’’ and inserting 

the following: ‘‘authority may, at the time of Milestone 

B approval (or Key Decision Point B approval in the case 

of a space program) or at the time that such milestone 

decision authority withdraws a certification or rescinds 

Milestone B approval (or Key Decision Point B approval 

in the case of a space program) pursuant to subsection 

(b)(2), waive’’; and 

(B) by striking ‘‘paragraph (1), (2), (3), (4), (5), (6), 

(7), (8), or (9)’’ and inserting ‘‘paragraph (1) or (2)’’; and 

(6) in subsection (e), as so redesignated, by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. 

SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF 

DEFENSE ORGANIZATION AND STRUCTURE FOR MAJOR 

DEFENSE ACQUISITION PROGRAMS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to the congressional defense committees a report 

on potential modifications of the organization and structure of the 

Department of Defense for major defense acquisition programs. 

Notification. 


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(b) ELEMENTS.—The report required by subsection (a) shall 

include the results of a review, conducted by the Comptroller General for purposes of the report, regarding the feasibility and advisability of, at a minimum, the following: 

(1) Revising the acquisition process for major defense 

acquisition programs by establishing shorter, more frequent 

acquisition program milestones. 

(2) Requiring certifications of program status to the defense 

acquisition executive and Congress prior to milestone approval 

for major defense acquisition programs. 

(3) Establishing a new office (to be known as the ‘‘Office 

of Independent Assessment’’) to provide independent cost estimates and performance estimates for major defense acquisition 

programs. 

(4) Requiring the milestone decision authority for a major 

defense acquisition program to specify, at the time of Milestone 

B approval, or Key Decision Point B approval, as applicable, 

the period of time that will be required to deliver an initial 

operational capability to the relevant combatant commanders. 

(5) Establishing a materiel solutions process for addressing 

identified gaps in critical warfighting capabilities, under which 

process the Under Secretary of Defense for Acquisition, Technology, and Logistics circulates among the military departments 

and appropriate Defense Agencies a request for proposals for 

technologies and systems to address such gaps. 

(6) Modifying the role played by chiefs of staff of the Armed 

Forces in the requirements, resource allocation, and acquisition 

processes. 

(7) Establishing a process in which the commanders of 

combatant commands assess, and provide input on, the capabilities needed to successfully accomplish the missions in the operational and contingency plans of their commands over a longterm planning horizon of 15 years or more, taking into account 

expected changes in threats, the geo-political environment, and 

doctrine, training, and operational concepts. 

(c) CONSULTATION.—In conducting the review required under 

subsection (b) for the report required by subsection (a), the Comptroller General shall obtain the views of the following: 

(1) Senior acquisition officials currently serving in the 

Department of Defense. 

(2) Senior military officers involved in setting requirements 

for the joint staff, the Armed Forces, and the combatant commands currently serving in the Department of Defense. 

(3) Individuals who formerly served as senior acquisition 

officials in the Department of Defense. 

(4) Participants in previous reviews of the organization 

and structure of the Department of Defense for the acquisition 

of major weapon systems, including the President’s Blue Ribbon 

Commission on Defense Management in 1986. 

(5) Other experts on the acquisition of major weapon systems. 

(6) Appropriate experts in the Government Accountability 

Office. 


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SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA 

ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL 

ITEMS. 

(a) MEASUREMENT OF PERCENTAGE AT CONTRACT AWARD.—Section 2306a(b)(3)(A) of title 10, United States Code, is amended 

by inserting after ‘‘total price of the contract’’ the following: ‘‘(at 

the time of contract award)’’. 

(b) HARMONIZATION OF THRESHOLDS FOR COST OR PRICING

DATA.—Section 2306a(b)(3)(A) of title 10, United States Code, is 

amended by striking ‘‘$500,000’’ and inserting ‘‘the amount specified 

in subsection (a)(1)(A)(i), as adjusted from time to time under subsection (a)(7),’’. 

SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT 

OF COMMERCIAL ITEMS. 

(a) TREATMENT OF SUBSYSTEMS, COMPONENTS, AND SPARE

PARTS AS COMMERCIAL ITEMS.— 

(1) IN GENERAL.—Section 2379 of title 10, United States 

Code, is amended— 

(A) in subsection (a)— 

(i) by redesignating paragraph (2) as paragraph 

(3); 

(ii) in paragraph (1)(B), by striking ‘‘and’’ at the 

end; and 

(iii) by inserting after paragraph (1), the following: 

‘‘(2) the offeror has submitted sufficient information to 

evaluate, through price analysis, the reasonableness of the 

price for such system; and’’; 

(B) by striking subsection (b) and inserting the following new subsection (b): 

‘‘(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL ITEMS.—A 

subsystem of a major weapon system (other than a commercially 

available off-the-shelf item as defined in section 35(c) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 431(c))) shall be 

treated as a commercial item and purchased under procedures 

established for the procurement of commercial items only if— 

‘‘(1) the subsystem is intended for a major weapon system 

that is being purchased, or has been purchased, under procedures established for the procurement of commercial items 

in accordance with the requirements of subsection (a); or 

‘‘(2) the contracting officer determines in writing that— 

‘‘(A) the subsystem is a commercial item, as defined 

in section 4(12) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403(12)); and 

‘‘(B) the offeror has submitted sufficient information 

to evaluate, through price analysis, the reasonableness of 

the price for such subsystem.’’; 

(C) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and 

(D) by inserting after subsection (b) the following new 

subsections (c) and (d): 

‘‘(c) TREATMENT OF COMPONENTS AND SPARE PARTS AS COMMERCIAL ITEMS.—(1) A component or spare part for a major weapon 

system (other than a commercially available off-the-shelf item as 

defined in section 35(c) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 431(c))) may be treated as a commercial item for 

the purposes of section 2306a of this title only if— 


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‘‘(A) the component or spare part is intended for— 

‘‘(i) a major weapon system that is being purchased, 

or has been purchased, under procedures established for 

the procurement of commercial items in accordance with 

the requirements of subsection (a); or 

‘‘(ii) a subsystem of a major weapon system that is 

being purchased, or has been purchased, under procedures 

established for the procurement of commercial items in 

accordance with the requirements of subsection (b); or 

‘‘(B) the contracting officer determines in writing that— 

‘‘(i) the component or spare part is a commercial item, 

as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and 

‘‘(ii) the offeror has submitted sufficient information 

to evaluate, through price analysis, the reasonableness of 

the price for such component or spare part. 

‘‘(2) This subsection shall apply only to components and spare 

parts that are acquired by the Department of Defense through 

a prime contract or a modification to a prime contract (or through 

a subcontract under a prime contract or modification to a prime 

contract on which the prime contractor adds no, or negligible, 

value). 

‘‘(d) INFORMATION SUBMITTED.—To the extent necessary to 

make a determination under subsection (a)(2), (b)(2), or (c)(1)(B), 

the contracting officer may request the offeror to submit— 

‘‘(1) prices paid for the same or similar commercial items 

under comparable terms and conditions by both government 

and commercial customers; and 

‘‘(2) if the contracting officer determines that the information described in paragraph (1) is not sufficient to determine 

the reasonableness of price, other relevant information 

regarding the basis for price or cost, including information 

on labor costs, material costs, and overhead rates.’’. 

(2) CONFORMING AMENDMENT TO TECHNICAL DATA PROVISION.—Section 2321(f)(2) of such title is amended by striking 

‘‘(whether or not under a contract for commercial items)’’ and 

inserting ‘‘(other than technical data for a commercially available off-the-shelf item as defined in section 35(c) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 431(c)))’’. 

(b) SALES OF COMMERCIAL ITEMS TO NONGOVERNMENTAL ENTITIES.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Defense shall modify the regulations 

of the Department of Defense on the procurement of commercial 

items in order to clarify that the terms ‘‘general public’’ and ‘‘nongovernmental entities’’ in such regulations do not include the Federal Government or a State, local, or foreign government. 

SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE 

ACQUISITION PROGRAMS. 

(a) ANNUAL REVIEW.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall conduct an annual 

review of systemic deficiencies in the major defense acquisition 

programs of the Department of Defense for each fiscal year in 

which three or more major defense acquisition programs— 

(1) experience a critical cost growth threshold breach; 

(2) have a section 2366a certification withdrawn; or 

Deadline. 

Regulations. 

10 USC 2302 

note. 


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(3) have a Milestone A approval or Key Decision Point 

A approval rescinded, by the milestone decision authority under 

subsection (b) of section 2366b of title 10, United States Code, 

as added by section 943 of this Act. 

(b) CONTENT OF REVIEW.—The review conducted under subsection (a) shall— 

(1) identify common factors, including any systemic deficiencies in the budget, requirements, and acquisition policies 

and practices, that may have contributed to problems with 

major defense acquisition programs covered by the criteria in 

subsection (a); 

(2) assess the adequacy of corrective actions taken or to 

be taken to address cost growth or other performance deficiencies in programs covered by the criteria in subsection (a); 

and 

(3) make recommendations for any changes in budget, 

requirements, and acquisition policies and practices that may 

be appropriate to avoid similar problems with major defense 

acquisition programs in the future. 

(c) DEFINITIONS.—In this section: 

(1) CRITICAL COST GROWTH THRESHOLD BREACH.—The term 

‘‘critical cost growth threshold breach’’ means a determination 

under section 2433(d) of title 10, United States Code, by the 

Secretary of a military department with respect to a major 

defense acquisition program that the program acquisition unit 

cost has increased by a percentage equal to or greater than 

the critical cost growth threshold or that the procurement unit 

cost has increased by a percentage equal to or greater than 

the critical cost growth threshold. 

(2) SECTION 2366a CERTIFICATION.—The term ‘‘section 2366a 

certification’’ means a certification with respect to a major 

defense acquisition program under section 2366a(a) of title 

10, United States Code, by the milestone decision authority. 

(d) REPORT.—Not later than July 15, 2008, and not later than 

August 15 of each year from 2009 through 2012, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the results of the annual review conducted (if any) 

for the preceding fiscal year under subsection (a). 

(e) SUNSET.—The requirement to conduct an annual review 

under subsection (a) shall terminate on September 30, 2012. 

SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION 

PROGRAMS. 

(a) REPORT REQUIRED.—Not later than May 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the strategies of the Department of Defense for 

balancing the allocation of funds and other resources among major 

defense acquisition programs. 

(b) ELEMENTS.—The report required by subsection (a) shall 

address, at a minimum, the ability of the organizations, policies, 

and procedures of the Department of Defense to provide for— 

(1) establishing priorities among needed capabilities under 

major defense acquisition programs, and assessing the 

resources (including funds, technologies, time, and personnel) 

needed to achieve such capabilities; 

(2) balancing the cost, schedule, and requirements of major 

defense acquisition programs, including those within the same 


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functional or mission area, to ensure the most efficient use 

of resources; and 

(3) ensuring that the budget, requirements, and acquisition 

processes of the Department of Defense work in a complementary manner to achieve desired results. 

(c) ROLE OF TRI-CHAIR COMMITTEE IN RESOURCE ALLOCATION.— 

(1) IN GENERAL.—The report required by subsection (a) 

shall also address the role of the committee described in paragraph (2) in the resource allocation process for major defense 

acquisition programs. 

(2) COMMITTEE.—The committee described in this paragraph is a committee (to be known as the ‘‘Tri-Chair Committee’’) composed of the following: 

(A) The Under Secretary of Defense for Acquisition, 

Technology, and Logistics, who is one of the chairs of 

the committee. 

(B) The Vice Chairman of the Joint Chiefs of Staff, 

who is one of the chairs of the committee. 

(C) The Director of Program Analysis and Evaluation, 

who is one of the chairs of the committee. 

(D) Any other appropriate officials of the Department 

of Defense, as jointly agreed upon by the Under Secretary 

and the Vice Chairman. 

(d) CHANGES IN LAW.—The report required by subsection (a) 

shall, to the maximum extent practicable, include a discussion 

of any changes in the budget, acquisition, and requirements processes of the Department of Defense undertaken as a result of 

changes in law pursuant to any section in this Act. 

(e) RECOMMENDATIONS.—The report required by subsection (a) 

shall include any recommendations, including recommendations for 

legislative action, that the Secretary considers appropriate to 

improve the organizations, policies, and procedures described in 

the report. 

SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON 

TOTAL OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the extent 

of the implementation of the recommendations set forth in the 

February 2003 report of the Government Accountability Office entitled ‘‘Setting Requirements Differently Could Reduce Weapon Systems’ Total Ownership Costs’’. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) For each recommendation described in subsection (a) 

that has been implemented, or that the Secretary plans to 

implement— 

(A) a summary of all actions that have been taken 

to implement such recommendation; and 

(B) a schedule, with specific milestones, for completing 

the implementation of such recommendation. 

(2) For each recommendation that the Secretary has not 

implemented and does not plan to implement— 

(A) the reasons for the decision not to implement such 

recommendation; and 


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(B) a summary of any alternative actions the Secretary 

plans to take to address the purposes underlying such 

recommendation. 

(3) A summary of any additional actions the Secretary 

has taken or plans to take to ensure that total ownership 

cost is appropriately considered in the requirements process 

for major weapon systems. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT 

CLAUSES ON COMMERCIAL CONTRACTS. 

(a) PLAN.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall develop and implement a plan to 

minimize the number of government-unique contract clauses used 

in commercial contracts by restricting the clauses to the following: 

(1) Government-unique clauses authorized by law or regulation. 

(2) Any additional clauses that are relevant and necessary 

to a specific contract. 

(b) COMMERCIAL CONTRACT.—In this section: 

(1) The term ‘‘commercial contract’’ means a contract 

awarded by the Federal Government for the procurement of 

a commercial item. 

(2) The term ‘‘commercial item’’ has the meaning provided 

by section 4(12) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 403(12)). 

SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 

ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 

ITEMS. 

(a) EXTENSION.—Section 4202(e) of the Clinger-Cohen Act of 

1996 (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 

2304 note) is amended by striking ‘‘January 1, 2008’’ and inserting 

‘‘January 1, 2010’’. 

(b) REPORT.—Not later than March 1, 2008, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the use by the Department 

of Defense of the authority provided by section 4202(e) of the 

Clinger-Cohen Act of 1996 (10 U.S.C. 2304 note). The report shall 

include, at a minimum, the following: 

(1) Summary data on the use of the authority. 

(2) Specific examples of the use of the authority. 

(3) An evaluation of potential benefits and costs of 

extending the authority after January 1, 2010. 

SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. 

Section 845(i) of the National Defense Authorization Act for 

Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 

‘‘September 30, 2008’’ and inserting ‘‘September 30, 2013’’. 

10 USC 2304 

note. 


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SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN REQUIREMENTS FOR CERTAIN CONTRACTS 

RELATING TO VESSELS, AIRCRAFT, AND COMBAT 

VEHICLES. 

Section 2401(b) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5) In the case of a contract described in subsection (a)(1)(B), 

the commander of the special operations command may make a 

contract without regard to this subsection if— 

‘‘(A) funds are available and obligated for the full cost 

of the contract (including termination costs) on or before the 

date the contract is awarded; 

‘‘(B) the Secretary of Defense submits to the congressional 

defense committees a certification that there is no alternative 

for meeting urgent operational requirements other than making 

the contract; and 

‘‘(C) a period of 30 days of continuous session of Congress 

has expired following the date on which the certification was 

received by such committees.’’. 

SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO 

UNIFIED COMBATANT COMMAND FOR JOINT 

WARFIGHTING. 

(a) AUTHORITY.—Section 167a of title 10, United States Code, 

is amended— 

(1) in subsection (a), by striking ‘‘and acquire’’ and inserting 

‘‘, acquire, and maintain’’; 

(2) by redesignating subsection (f) as subsection (g); and 

(3) by inserting after subsection (e) the following new subsection: 

‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN EQUIPMENT.—The 

authority delegated under subsection (a) to maintain equipment 

is subject to the availability of funds authorized and appropriated 

specifically for that purpose.’’. 

(b) TWO-YEAR EXTENSION.—Subsection (g) of such section, as 

so redesignated, is amended— 

(1) by striking ‘‘through 2008’’ and inserting ‘‘through 

2010’’; and 

(2) by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2010’’. 

SEC. 826. MARKET RESEARCH. 

(a) ADDITIONAL REQUIREMENTS.—Subsection (c) of section 2377 

of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘and’’ at the end of subparagraph (A); 

(B) by striking the period at the end of subparagraph 

(B) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) before awarding a task order or delivery order 

in excess of the simplified acquisition threshold.’’; and 

(2) by adding at the end the following: 

‘‘(4) The head of an agency shall take appropriate steps to 

ensure that any prime contractor of a contract (or task order or 

delivery order) in an amount in excess of $5,000,000 for the procurement of items other than commercial items engages in such market 

research as may be necessary to carry out the requirements of 

Certification. 


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subsection (b)(2) before making purchases for or on behalf of the 

Department of Defense.’’. 

(b) REQUIREMENT TO DEVELOP TRAINING AND TOOLS.—The Secretary of Defense shall develop training to assist contracting officers, 

and market research tools to assist such officers and prime contractors, in performing appropriate market research as required by 

subsection (c) of section 2377 of title 10, United States Code, as 

amended by this section. 

SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON INDUSTRIES. 

(a) MODIFICATION OF COMPETITION REQUIREMENTS.— 

(1) IN GENERAL.—Section 2410n of title 10, United States 

Code, is amended by striking subsections (a) and (b) and 

inserting the following new subsections (a) and (b): 

‘‘(a) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES DOES

NOT HAVE SIGNIFICANT MARKET SHARE.—(1) Before purchasing a 

product listed in the latest edition of the Federal Prison Industries 

catalog under section 4124(d) of title 18 for which Federal Prison 

Industries does not have a significant market share, the Secretary 

of Defense shall conduct market research to determine whether 

the product is comparable to products available from the private 

sector that best meet the needs of the Department in terms of 

price, quality, and time of delivery. 

‘‘(2) If the Secretary determines that a Federal Prison Industries 

product described in paragraph (1) is not comparable in price, 

quality, or time of delivery to products of the private sector that 

best meets the needs of the Department in terms of price, quality, 

and time of delivery, the Secretary shall use competitive procedures 

for the procurement of the product, or shall make an individual 

purchase under a multiple award contract in accordance with the 

competition requirements applicable to such contract. In conducting 

such a competition, the Secretary shall consider a timely offer 

from Federal Prison Industries. 

‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES HAS

SIGNIFICANT MARKET SHARE.—(1) The Secretary of Defense may 

purchase a product listed in the latest edition of the Federal Prison 

Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures 

for the procurement of the product or makes an individual purchase 

under a multiple award contract in accordance with the competition 

requirements applicable to such contract. In conducting such a 

competition, the Secretary shall consider a timely offer from Federal 

Prison Industries. 

‘‘(2) For purposes of this subsection, Federal Prison Industries 

shall be treated as having a significant share of the market for 

a product if the Secretary, in consultation with the Administrator 

of Federal Procurement Policy, determines that the Federal Prison 

Industries share of the Department of Defense market for the 

category of products including such product is greater than 5 percent.’’. 

(2) EFFECTIVE DATE.—The amendment made by subsection 

(a) shall take effect 60 days after the date of the enactment 

of this Act. 

(b) LIST OF PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES

HAS SIGNIFICANT MARKET SHARE.— 

10 USC 2410n 

note. 

10 USC 2410n 

note. 

10 USC 2377 

note. 


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(1) INITIAL LIST.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

publish a list of product categories for which Federal Prison 

Industries’ share of the Department of Defense market is 

greater than 5 percent, based on the most recent fiscal year 

for which data is available. 

(2) MODIFICATION.—The Secretary may modify the list published under paragraph (1) at any time if the Secretary determines that new data require adding a product category to 

the list or omitting a product category from the list. 

(3) CONSULTATION.—The Secretary shall carry out this subsection in consultation with the Administrator for Federal 

Procurement Policy. 

SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM 

RENEWABLE ENERGY SOURCES. 

(a) MULTIYEAR CONTRACT AUTHORITY.—Chapter 141 of title 

10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 2410q. Multiyear contracts: purchase of electricity from 

renewable energy sources 

‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.—Subject to subsection (b), the Secretary of Defense may enter into a contract 

for a period not to exceed 10 years for the purchase of electricity 

from sources of renewable energy, as that term is defined in section 

203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)). 

‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN EXCESS OF

FIVE YEARS.—The Secretary may exercise the authority in subsection (a) to enter into a contract for a period in excess of five 

years only if the Secretary determines, on the basis of a business 

case analysis prepared by the Department of Defense, that— 

‘‘(1) the proposed purchase of electricity under such contract 

is cost effective for the Department of Defense; and 

‘‘(2) it would not be possible to purchase electricity from 

the source in an economical manner without the use of a 

contract for a period in excess of five years. 

‘‘(c) RELATIONSHIP TO OTHER MULTIYEAR CONTRACTING

AUTHORITY.—Nothing in this section shall be construed to preclude 

the Department of Defense from using other multiyear contracting 

authority of the Department to purchase renewable energy.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 141 of such title is amended by adding at the 

end the following new item: 

‘‘2410q. Multiyear contracts: purchase of electricity from renewable energy sources.’’. 

SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE 

PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES. 

(a) AUTHORITY TO PROCURE.—The Secretary of Defense may 

procure fire resistant rayon fiber for the production of uniforms 

that is manufactured in a foreign country referred to in subsection 

(d) if the Secretary determines either of the following: 

(1) That fire resistant rayon fiber for the production of 

uniforms is not available from sources within the national 

technology and industrial base. 

(2) That— 

10 USC 2533a 

note. 

Deadline. 


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(A) procuring fire resistant rayon fiber manufactured 

from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of fire resistant rayon fiber; and 

(B) such sole-source contracts or subcontracts would 

not be in the best interests of the Government or consistent 

with the objectives of section 2304 of title 10, United States 

Code. 

(b) SUBMISSION TO CONGRESS.—Not later than 30 days after 

making a determination under subsection (a), the Secretary shall 

submit to Congress a copy of the determination. 

(c) APPLICABILITY TO SUBCONTRACTS.—The authority under subsection (a) applies with respect to subcontracts under Department 

of Defense contracts as well as to such contracts. 

(d) FOREIGN COUNTRIES COVERED.—The authority under subsection (a) applies with respect to a foreign country that— 

(1) is a party to a defense memorandum of understanding 

entered into under section 2531 of title 10, United States Code; 

and 

(2) does not discriminate against defense items produced 

in the United States to a greater degree than the United 

States discriminates against defense items produced in that 

country. 

(e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE DEFINED.— 

In this section, the term ‘‘national technology and industrial base’’ 

has the meaning given that term in section 2500 of title 10, United 

States Code. 

(f) SUNSET.—The authority under subsection (a) shall expire 

on the date that is five years after the date of the enactment 

of this Act. 

SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE 

AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH 

INTEREST ITEMS. 

Not later than one year after the date of the enactment of 

this Act, the Comptroller General of the United States shall submit 

to the congressional defense committees a report on the use of 

procedures other than competitive procedures in the award of contracts by the Department of Defense. The report shall compare 

the procedures used by the Department of Defense for the award 

of funds for new projects pursuant to congressionally directed 

spending items, as defined in rule XLIV of the Standing Rules 

of the Senate, or congressional earmarks, as defined in rule XXI 

of the Rules of the House of Representatives, with the procedures 

used by the Department of Defense for the award of funds for 

new projects of special interest to senior executive branch officials. 

Subtitle D—Accountability in Contracting 

SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 

AFGHANISTAN. 

(a) ESTABLISHMENT.—There is hereby established a commission 

to be known as the ‘‘Commission on Wartime Contracting’’ (in 

this section referred to as the ‘‘Commission’’). 

(b) MEMBERSHIP MATTERS.— 

Deadline. 

Reports. 

Deadline. 


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(1) MEMBERSHIP.—The Commission shall be composed of 

8 members, as follows: 

(A) 2 members shall be appointed by the majority 

leader of the Senate, in consultation with the Chairmen 

of the Committee on Armed Services, the Committee on 

Homeland Security and Governmental Affairs, and the 

Committee on Foreign Relations of the Senate. 

(B) 2 members shall be appointed by the Speaker of 

the House of Representatives, in consultation with the 

Chairmen of the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Foreign Affairs of the House of Representatives. 

(C) 1 member shall be appointed by the minority leader 

of the Senate, in consultation with the Ranking Minority 

Members of the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, 

and the Committee on Foreign Relations of the Senate. 

(D) 1 member shall be appointed by the minority leader 

of the House of Representatives, in consultation with the 

Ranking Minority Member of the Committee on Armed 

Services, the Committee on Oversight and Government 

Reform, and the Committee on Foreign Affairs of the House 

of Representatives. 

(E) 2 members shall be appointed by the President, 

in consultation with the Secretary of Defense and the Secretary of State. 

(2) DEADLINE FOR APPOINTMENTS.—All appointments to the 

Commission shall be made not later than 120 days after the 

date of the enactment of this Act. 

(3) CO-CHAIRMEN.—The Commission shall have two cochairmen, including— 

(A) a co-chairman who shall be a member of the 

Commission jointly designated by the Speaker of the House 

of Representatives and the majority leader of the Senate; 

and 

(B) a co-chairman who shall be a member of the 

Commission jointly designated by the minority leader of 

the House of Representatives and the minority leader of 

the Senate. 

(4) VACANCY.—In the event of a vacancy in a seat on 

the Commission, the individual appointed to fill the vacant 

seat shall be— 

(A) appointed by the same officer (or the officer’s successor) who made the appointment to the seat when the 

Commission was first established; and 

(B) if the officer in subparagraph (A) is of a party 

other than the party of the officer who made the appointment to the seat when the Commission was first established, chosen in consultation with the senior officers in 

the Senate and the House of Representatives of the party 

which is the party of the officer who made the appointment 

to the seat when the Commission was first established. 

(c) DUTIES.— 

(1) GENERAL DUTIES.—The Commission shall study the following matters: 

(A) Federal agency contracting for the reconstruction 

of Iraq and Afghanistan. 


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(B) Federal agency contracting for the logistical support 

of coalition forces operating in Iraq and Afghanistan. 

(C) Federal agency contracting for the performance 

of security functions in Iraq and Afghanistan. 

(2) SCOPE OF CONTRACTING COVERED.—The Federal agency 

contracting covered by this subsection includes contracts 

entered into both in the United States and abroad for the 

performance of activities described in paragraph (1). 

(3) PARTICULAR DUTIES.—In carrying out the study under 

this subsection, the Commission shall assess— 

(A) the extent of the reliance of the Federal Government on contractors to perform functions (including security functions) in Iraq and Afghanistan and the impact 

of this reliance on the achievement of the objectives of 

the United States; 

(B) the performance exhibited by Federal contractors 

for the contracts under review pursuant to paragraph (1), 

and the mechanisms used to evaluate contractor performance; 

(C) the extent of waste, fraud, and abuse under such 

contracts; 

(D) the extent to which those responsible for such 

waste, fraud, and abuse have been held financially or 

legally accountable; 

(E) the appropriateness of the organizational structure, 

policies, practices, and resources of the Department of 

Defense and the Department of State for handling program 

management and contracting for the programs and contracts under review pursuant to paragraph (1); 

(F) the extent to which contractors under such contracts have engaged in the misuse of force or have used 

force in a manner inconsistent with the objectives of the 

operational field commander; and 

(G) the extent of potential violations of the laws of 

war, Federal law, or other applicable legal standards by 

contractors under such contracts. 

(d) REPORTS.— 

(1) INTERIM REPORT.—On March 1, 2009, the Commission 

shall submit to Congress an interim report on the study carried 

out under subsection (c), including the results and findings 

of the study as of that date. 

(2) OTHER REPORTS.—The Commission may from time to 

time submit to Congress such other reports on the study carried 

out under subsection (c) as the Commission considers appropriate. 

(3) FINAL REPORT.—Not later than two years after the 

date of the appointment of all of the members of the Commission under subsection (b), the Commission shall submit to Congress a final report on the study carried out under subsection 

(c). The report shall— 

(A) include the findings of the Commission; 

(B) identify lessons learned relating to contingency program management and contingency contracting covered by 

the study; and 

(C) include specific recommendations for improvements 

to be made in— 


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(i) the process for defining requirements and developing statements of work for contracts in contingency 

contracting; 

(ii) the process for awarding contracts and task 

or delivery orders in contingency contracting; 

(iii) the process for contingency program management; 

(iv) the process for identifying, addressing, and 

providing accountability for waste, fraud, and abuse 

in contingency contracting; 

(v) the process for determining which functions 

are inherently governmental and which functions are 

appropriate for performance by contractors in a contingency operation (including during combat operations), 

especially whether providing security in an area of 

combat operations is inherently governmental; 

(vi) the organizational structure, resources, policies, and practices of the Department of Defense and 

the Department of State for performing contingency 

program management; and 

(vii) the process by which roles and responsibilities 

with respect to management and oversight of contracts 

in contingency contracting are distributed among the 

various departments and agencies of the Federal 

Government, and interagency coordination and communication mechanisms associated with contingency contracting. 

(e) OTHER POWERS AND AUTHORITIES.— 

(1) HEARINGS AND EVIDENCE.—The Commission or, on the 

authority of the Commission, any portion thereof, may, for 

the purpose of carrying out this section— 

(A) hold such hearings and sit and act at such times 

and places, take such testimony, receive such evidence, 

administer such oaths (provided that the quorum for a 

hearing shall be three members of the Commission); and 

(B) provide for the attendance and testimony of such 

witnesses and the production of such books, records, correspondence, memoranda, papers, and documents; 

as the Commission, or such portion thereof, may determine 

advisable. 

(2) INABILITY TO OBTAIN DOCUMENTS OR TESTIMONY.—In 

the event the Commission is unable to obtain testimony or 

documents needed to conduct its work, the Commission shall 

notify the committees of Congress of jurisdiction and appropriate investigative authorities. 

(3) ACCESS TO INFORMATION.—The Commission may secure 

directly from the Department of Defense and any other department or agency of the Federal Government any information 

or assistance that the Commission considers necessary to enable 

the Commission to carry out the requirements of this section. 

Upon request of the Commission, the head of such department 

or agency shall furnish such information expeditiously to the 

Commission. Whenever information or assistance requested by 

the Commission is unreasonably refused or not provided, the 

Commission shall report the circumstances to Congress without 

delay. 

Reports. 


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(4) PERSONNEL.—The Commission shall have the authorities provided in section 3161 of title 5, United States Code, 

and shall be subject to the conditions set forth in such section, 

except to the extent that such conditions would be inconsistent 

with the requirements of this section. 

(5) DETAILEES.—Any employee of the Federal Government 

may be detailed to the Commission without reimbursement 

from the Commission, and such detailee shall retain the rights, 

status, and privileges of his or her regular employment without 

interruption. 

(6) SECURITY CLEARANCES.—The appropriate departments 

or agencies of the Federal Government shall cooperate with 

the Commission in expeditiously providing to the Commission 

members and staff appropriate security clearances to the extent 

possible pursuant to existing procedures and requirements, 

except that no person shall be provided with access to classified 

information under this section without the appropriate security 

clearances. 

(7) VIOLATIONS OF LAW.— 

(A) REFERRAL TO ATTORNEY GENERAL.—The Commission may refer to the Attorney General any violation or 

potential violation of law identified by the Commission 

in carrying out its duties under this section. 

(B) REPORTS ON RESULTS OF REFERRAL.—The Attorney 

General shall submit to Congress a report on each prosecution, conviction, resolution, or other disposition that results 

from a referral made under this subparagraph. 

(f) TERMINATION.—The Commission shall terminate on the date 

that is 60 days after the date of the submittal of its final report 

under subsection (d)(3). 

(g) DEFINITIONS.—In this section: 

(1) CONTINGENCY CONTRACTING.—The term ‘‘contingency 

contracting’’ means all stages of the process of acquiring property or services during a contingency operation. 

(2) CONTINGENCY OPERATION.—The term ‘‘contingency operation’’ has the meaning given that term in section 101 of 

title 10, United States Code. 

(3) CONTINGENCY PROGRAM MANAGEMENT.—The term 

‘‘contingency program management’’ means the process of planning, organizing, staffing, controlling, and leading the combined 

efforts of participating personnel for the management of a 

specific acquisition program or programs during contingency 

operations. 

SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME 

CONTRACTS AND CONTRACTING PROCESSES IN IRAQ 

AND AFGHANISTAN. 

(a) AUDITS REQUIRED.—Thorough audits shall be performed 

in accordance with this section to identify potential waste, fraud, 

and abuse in the performance of— 

(1) Department of Defense contracts, subcontracts, and task 

and delivery orders for the logistical support of coalition forces 

in Iraq and Afghanistan; and 

(2) Federal agency contracts, subcontracts, and task and 

delivery orders for the performance of security and reconstruction functions in Iraq and Afghanistan. 

(b) AUDIT PLANS.— 

10 USC 2302 

note. 


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(1) The Department of Defense Inspector General shall 

develop a comprehensive plan for a series of audits of contracts, 

subcontracts, and task and delivery orders covered by subsection (a)(1), consistent with the requirements of subsection 

(g), in consultation with other Inspectors General specified in 

subsection (c) with regard to any contracts, subcontracts, or 

task or delivery orders over which such Inspectors General 

have jurisdiction. 

(2) The Special Inspector General for Iraq Reconstruction 

shall develop a comprehensive plan for a series of audits of 

contracts, subcontracts, and task and delivery orders covered 

by subsection (a)(2) relating to Iraq, consistent with the requirements of subsection (h), in consultation with other Inspectors 

General specified in subsection (c) with regard to any contracts, 

subcontracts, or task or delivery orders over which such Inspectors General have jurisdiction. 

(3) The Special Inspector General for Afghanistan 

Reconstruction shall develop a comprehensive plan for a series 

of audits of contracts, subcontracts, and task and delivery 

orders covered by subsection (a)(2) relating to Afghanistan, 

consistent with the requirements of subsection (h), in consultation with other Inspectors General specified in subsection (c) 

with regard to any contracts, subcontracts, or task or delivery 

orders over which such Inspectors General have jurisdiction. 

(c) PERFORMANCE OF AUDITS BY CERTAIN INSPECTORS GENERAL.—The Special Inspector General for Iraq Reconstruction, 

during such period as such office exists, the Special Inspector General for Afghanistan Reconstruction, during such period as such 

office exists, the Inspector General of the Department of Defense, 

the Inspector General of the Department of State, and the Inspector 

General of the United States Agency for International Development 

shall perform such audits as required by subsection (a) and identified in the audit plans developed pursuant to subsection (b) as 

fall within the respective scope of their duties as specified in law. 

(d) COORDINATION OF AUDITS.—The Inspectors General specified in subsection (c) shall work to coordinate the performance 

of the audits required by subsection (a) and identified in the audit 

plans developed under subsection (b) including through councils 

and working groups composed of such Inspectors General. 

(e) JOINT AUDITS.—If one or more audits required by subsection 

(a) and identified in an audit plan developed under subsection 

(b) falls within the scope of the duties of more than one of the 

Inspectors General specified in subsection (c), and such Inspectors 

General agree that such audit or audits are best pursued jointly, 

such Inspectors General shall enter into a memorandum of understanding relating to the performance of such audit or audits. 

(f) SEPARATE AUDITS.—If one or more audits required by subsection (a) and identified in an audit plan developed under subsection (b) falls within the scope of the duties of more than one 

of the Inspectors General specified in subsection (c), and such 

Inspectors General do not agree that such audit or audits are 

best pursued jointly, such audit or audits shall be separately performed by one or more of the Inspectors General concerned. 

(g) SCOPE OF AUDITS OF CONTRACTS.—Audits conducted pursuant to subsection (a)(1) shall examine, at a minimum, one or more 

of the following issues: 


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(1) The manner in which contract requirements were developed. 

(2) The procedures under which contracts or task or 

delivery orders were awarded. 

(3) The terms and conditions of contracts or task or delivery 

orders. 

(4) The staffing and method of performance of contractors, 

including cost controls. 

(5) The efficacy of Department of Defense management 

and oversight, including the adequacy of staffing and training 

of officials responsible for such management and oversight. 

(6) The flow of information from contractors to officials 

responsible for contract management and oversight. 

(h) SCOPE OF AUDITS OF OTHER CONTRACTS.—Audits conducted 

pursuant to subsection (a)(2) shall examine, at a minimum, one 

or more of the following issues: 

(1) The manner in which contract requirements were developed and contracts or task and delivery orders were awarded. 

(2) The manner in which the Federal agency exercised 

control over the performance of contractors. 

(3) The extent to which operational field commanders were 

able to coordinate or direct the performance of contractors 

in an area of combat operations. 

(4) The degree to which contractor employees were properly 

screened, selected, trained, and equipped for the functions to 

be performed. 

(5) The nature and extent of any incidents of misconduct 

or unlawful activity by contractor employees. 

(6) The nature and extent of any activity by contractor 

employees that was inconsistent with the objectives of operational field commanders. 

(7) The extent to which any incidents of misconduct or 

unlawful activity were reported, documented, investigated, and 

(where appropriate) prosecuted. 

(i) INDEPENDENT CONDUCT OF AUDIT FUNCTIONS.—All audit 

functions under this section, including audit planning and coordination, shall be performed by the relevant Inspectors General in 

an independent manner, without consultation with the Commission 

established pursuant to section 841 of this Act. All audit reports 

resulting from such audits shall be available to the Commission. 

SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND 

DELIVERY ORDER CONTRACTS. 

(a) DEFENSE CONTRACTS.— 

(1) LIMITATION ON SINGLE AWARD CONTRACTS.—Section 

2304a(d) of title 10, United States Code, is amended— 

(A) by redesignating paragraph (3) as paragraph (4); 

and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

‘‘(3)(A) No task or delivery order contract in an amount esti- mated to exceed $100,000,000 (including all options) may be 

awarded to a single source unless the head of the agency determines 

in writing that— 

‘‘(i) the task or delivery orders expected under the contract 

are so integrally related that only a single source can reasonably perform the work; 


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‘‘(ii) the contract provides only for firm, fixed price task 

orders or delivery orders for— 

‘‘(I) products for which unit prices are established in 

the contract; or 

‘‘(II) services for which prices are established in the 

contract for the specific tasks to be performed; 

‘‘(iii) only one source is qualified and capable of performing 

the work at a reasonable price to the government; or 

‘‘(iv) because of exceptional circumstances, it is necessary 

in the public interest to award the contract to a single source. 

‘‘(B) The head of the agency shall notify Congress within 30 

days after any determination under subparagraph (A)(iv).’’. 

(2) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF

$5,000,000.—Section 2304c of such title is amended— 

(A) by redesignating subsections (d), (e), and (f) as 

subsections (e), (f), and (g), respectively; 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF

$5,000,000.—In the case of a task or delivery order in excess of 

$5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (b) is not met unless 

all such contractors are provided, at a minimum— 

‘‘(1) a notice of the task or delivery order that includes 

a clear statement of the agency’s requirements; 

‘‘(2) a reasonable period of time to provide a proposal in 

response to the notice; 

‘‘(3) disclosure of the significant factors and subfactors, 

including cost or price, that the agency expects to consider 

in evaluating such proposals, and their relative importance; 

‘‘(4) in the case of an award that is to be made on a 

best value basis, a written statement documenting the basis 

for the award and the relative importance of quality and price 

or cost factors; and 

‘‘(5) an opportunity for a post-award debriefing consistent 

with the requirements of section 2305(b)(5) of this title.’’; and 

(C) by striking subsection (e), as redesignated by paragraph (1), and inserting the following new subsection (e): 

‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 

with the issuance or proposed issuance of a task or delivery order 

except for— 

‘‘(A) a protest on the ground that the order increases the 

scope, period, or maximum value of the contract under which 

the order is issued; or 

‘‘(B) a protest of an order valued in excess of $10,000,000. 

‘‘(2) Notwithstanding section 3556 of title 31, the Comptroller 

General of the United States shall have exclusive jurisdiction of 

a protest authorized under paragraph (1)(B). 

‘‘(3) This subsection shall be in effect for three years, beginning 

on the date that is 120 days after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2008.’’. 

(3) EFFECTIVE DATES.— 

(A) SINGLE AWARD CONTRACTS.—The amendments 

made by paragraph (1) shall take effect on the date that 

is 120 days after the date of the enactment of this Act, 

and shall apply with respect to any contract awarded on 

or after such date. 

10 USC 2304a 

note. 

Applicability. 

Effective date. 

Notification. 

Notification. 

Deadline. 


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(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 

made by paragraph (2) shall take effect on the date that 

is 120 days after the date of the enactment of this Act, 

and shall apply with respect to any task or delivery order 

awarded on or after such date. 

(b) CIVILIAN AGENCY CONTRACTS.— (1) LIMITATION ON SINGLE AWARD CONTRACTS.—Section 

303H(d) of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253h(d)) is amended— 

(A) by redesignating paragraph (3) as paragraph (4); 

and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

‘‘(3)(A) No task or delivery order contract in an amount esti- mated to exceed $100,000,000 (including all options) may be 

awarded to a single source unless the head of the executive agency 

determines in writing that— 

‘‘(i) the task or delivery orders expected under the contract 

are so integrally related that only a single source can reasonably perform the work; 

‘‘(ii) the contract provides only for firm, fixed price task 

orders or delivery orders for— 

‘‘(I) products for which unit prices are established in 

the contract; or 

‘‘(II) services for which prices are established in the 

contract for the specific tasks to be performed; 

‘‘(iii) only one source is qualified and capable of performing 

the work at a reasonable price to the government; or 

‘‘(iv) because of exceptional circumstances, it is necessary 

in the public interest to award the contract to a single source. 

‘‘(B) The head of the executive agency shall notify Congress 

within 30 days after any determination under subparagraph 

(A)(iv).’’. 

(2) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF

$5,000,000.—Section 303J of such Act (41 U.S.C. 253j) is 

amended— 

(A) by redesignating subsections (d), (e), and (f) as 

subsections (e), (f), and (g), respectively; 

(B) by inserting after subsection (c) the following new 

subsection (d): 

‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF

$5,000,000.—In the case of a task or delivery order in excess of 

$5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (b) is not met unless 

all such contractors are provided, at a minimum— 

‘‘(1) a notice of the task or delivery order that includes 

a clear statement of the executive agency’s requirements; 

‘‘(2) a reasonable period of time to provide a proposal in 

response to the notice; 

‘‘(3) disclosure of the significant factors and subfactors, 

including cost or price, that the executive agency expects to 

consider in evaluating such proposals, and their relative importance; 

‘‘(4) in the case of an award that is to be made on a 

best value basis, a written statement documenting the basis 

for the award and the relative importance of quality and price 

or cost factors; and 

Notification. 

10 USC 2304c 

note. 


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‘‘(5) an opportunity for a post-award debriefing consistent 

with the requirements of section 303B(e).’’; and 

(C) by striking subsection (e), as redesignated by paragraph (1), and inserting the following new subsection (e): 

‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 

with the issuance or proposed issuance of a task or delivery order 

except for— 

‘‘(A) a protest on the ground that the order increases the 

scope, period, or maximum value of the contract under which 

the order is issued; or 

‘‘(B) a protest of an order valued in excess of $10,000,000. 

‘‘(2) Notwithstanding section 3556 of title 31, United States 

Code, the Comptroller General of the United States shall have 

exclusive jurisdiction of a protest authorized under paragraph (1)(B). 

‘‘(3) This subsection shall be in effect for three years, beginning 

on the date that is 120 days after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2008.’’. 

(3) EFFECTIVE DATES.— 

(A) SINGLE AWARD CONTRACTS.—The amendments 

made by paragraph (1) shall take effect on the date that 

is 120 days after the date of the enactment of this Act, 

and shall apply with respect to any contract awarded on 

or after such date. 

(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 

made by paragraph (2) shall take effect on the date that 

is 120 days after the date of the enactment of this Act, 

and shall apply with respect to any task or delivery order 

awarded on or after such date. 

SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL 

DOCUMENTS FOR NONCOMPETITIVE CONTRACTS. 

(a) CIVILIAN AGENCY CONTRACTS.— 

(1) IN GENERAL.—Section 303 of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 253) is amended 

by adding at the end the following new subsection: 

‘‘(j)(1)(A) 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 a government-wide website selected 

by the Administrator for Federal Procurement Policy. 

‘‘(3) This subsection does not require the public availability 

of information that is exempt from public disclosure under section 

552(b) of title 5, United States Code.’’. 

(2) CONFORMING AMENDMENT.—Section 303(f) of such Act 

is amended— 

(A) by striking paragraph (4); and 

(B) by redesignating paragraph (5) as paragraph (4). 

(b) DEFENSE AGENCY CONTRACTS.— 

Website. 

Applicability. 

Public 

information. 

Deadline. 

41 USC 253j 

note. 

41 USC 253h 

note. 

Applicability. 

Effective date. 


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122 STAT. 240 PUBLIC LAW 110–181—JAN. 28, 2008 

(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 a government-wide website selected 

by the Administrator for Federal Procurement Policy. 

‘‘(3) This subsection does not require the public availability 

of information that is exempt from public disclosure under section 

552(b) of title 5.’’. 

(2) CONFORMING AMENDMENT.—Section 2304(f) of such title 

is amended— 

(A) by striking paragraph (4); and 

(B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. 

SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT 

FINDINGS. 

(a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FINDINGS.— 

(1) IN GENERAL.—Each Inspector General appointed under 

the Inspector General Act of 1978 shall submit, as part of 

the semiannual report submitted to Congress pursuant to section 5 of such Act, an annex on final, completed contract audit 

reports issued to the contracting activity containing significant 

audit findings issued during the period covered by the semiannual report concerned. 

(2) ELEMENTS.—Such annex shall include— 

(A) a list of such contract audit reports; 

(B) for each audit report, a brief description of the 

nature of the significant audit findings in the report; and 

(C) for each audit report, the specific amounts of costs 

identified as unsupported, questioned, or disallowed. 

(3) INFORMATION EXEMPT FROM PUBLIC DISCLOSURE.—(A) 

Nothing in this subsection shall be construed to require the 

release of information to the public that is exempt from public 

disclosure under section 552(b) of title 5, United States Code. 

(B) For each element required by paragraph (2), the 

Inspector General concerned shall note each instance where 

information has been redacted in accordance with the requirements of section 552(b) of title 5, United States Code, and 

submit an unredacted annex to the committees listed in subsection (d)(2) within 7 days after the issuance of the semiannual 

report. 

(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—For purposes of subsection (a), audits of the Defense Contract Audit Agency 

shall be included in the annex provided by the Inspector General 

of the Department of Defense if they include significant audit 

findings. 

5 USC app. 5 

note. 

Website. 

Applicability. 

Public 

information. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 241 

(c) EXCEPTION.—Subsection (a) shall not apply to an Inspector 

General if no audits described in such subsection were issued during 

the covered period. 

(d) SUBMISSION OF INDIVIDUAL AUDITS.— (1) REQUIREMENT.—The head of each Federal department 

or agency shall provide, within 14 days after a request in 

writing by the chairman or ranking member of any committee 

listed in paragraph (2), a full and unredacted copy of any 

audit described in subsection (a). Such copy shall include an 

identification of information in the audit exempt from public 

disclosure under section 552(b) of title 5, United States Code. 

(2) COMMITTEES.—The committees listed in this paragraph 

are the following: 

(A) The Committee on Oversight and Government 

Reform of the House of Representatives. 

(B) The Committee on Homeland Security and Governmental Affairs of the Senate. 

(C) The Committees on Appropriations of the House 

of Representatives and the Senate. 

(D) With respect to the Department of Defense and 

the Department of Energy, the Committees on Armed Services of the Senate and House of Representatives. 

(E) The Committees of primary jurisdiction over the 

agency or department to which the request is made. 

(e) CLASSIFIED INFORMATION.—Nothing in this section shall 

be interpreted to require the handling of classified information 

or information relating to intelligence sources and methods in a 

manner inconsistent with any law, regulation, executive order, or 

rule of the House of Representatives or of the Senate relating 

to the handling or protection of such information. 

(f) DEFINITIONS.—In this section: 

(1) SIGNIFICANT AUDIT FINDINGS.—The term ‘‘significant 

audit findings’’ includes— 

(A) unsupported, questioned, or disallowed costs in an 

amount in excess of $10,000,000; or 

(B) other findings that the Inspector General of the 

agency or department concerned determines to be significant. 

(2) CONTRACT.—The term ‘‘contract’’ includes a contract, 

an order placed under a task or delivery order contract, or 

a subcontract. 

SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES FROM 

REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION. 

(a) INCREASED PROTECTION FROM REPRISAL.—Subsection (a) of 

section 2409 of title 10, United States Code, is amended— 

(1) by striking ‘‘disclosing to a Member of Congress’’ and 

inserting ‘‘disclosing to a Member of Congress, a representative 

of a committee of Congress, an Inspector General, the Government Accountability Office, a Department of Defense employee 

responsible for contract oversight or management,’’; and 

(2) by striking ‘‘information relating to a substantial violation of law related to a contract (including the competition 

for or negotiation of a contract)’’ and inserting ‘‘information 

that the employee reasonably believes is evidence of gross mismanagement of a Department of Defense contract or grant, 

a gross waste of Department of Defense funds, a substantial 

Deadline. 


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and specific danger to public health or safety, or a violation 

of law related to a Department of Defense contract (including 

the competition for or negotiation of a contract) or grant’’. 

(b) CLARIFICATION OF INSPECTOR GENERAL DETERMINATION.— 

Subsection (b) of such section is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION OF COMPLAINTS.—’’; 

(2) by striking ‘‘an agency’’ and inserting ‘‘the Department 

of Defense, or the Inspector General of the National Aeronautics 

and Space Administration in the case of a complaint regarding 

the National Aeronautics and Space Administration’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2)(A) Except as provided under subparagraph (B), the 

Inspector General shall make a determination that a complaint 

is frivolous or submit a report under paragraph (1) within 180 

days after receiving the complaint. 

‘‘(B) If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified 

in subparagraph (A) and the person submitting the complaint agrees 

to an extension of time, the Inspector General shall submit a 

report under paragraph (1) within such additional period of time 

as shall be agreed upon between the Inspector General and the 

person submitting the complaint.’’. 

(c) ACCELERATION OF SCHEDULE FOR DENYING RELIEF OR PROVIDING REMEDY.—Subsection (c) of such section is amended— 

(1) in paragraph (1), by striking ‘‘If the head of the agency 

determines that a contractor has subjected a person to a 

reprisal prohibited by subsection (a), the head of the agency 

may’’ and inserting after ‘‘(1)’’ the following: ‘‘Not later than 

30 days after receiving an Inspector General report pursuant 

to subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the 

contractor concerned has subjected the complainant to a 

reprisal prohibited by subsection (a) and shall either issue 

an order denying relief or shall’’; 

(2) by redesignating paragraphs (2) and (3) as paragraphs 

(4) and (5), respectively; and 

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) If the head of an executive agency issues an order denying 

relief under paragraph (1) or has not issued an order within 210 

days after the submission of a complaint under subsection (b), 

or in the case of an extension of time under paragraph (b)(2)(B), 

not later than 30 days after the expiration of the extension of 

time, and there is no showing that such delay is due to the bad 

faith of the complainant, the complainant shall be deemed to have 

exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law 

or equity against the contractor to seek compensatory damages 

and other relief available under this section in the appropriate 

district court of the United States, which shall have jurisdiction 

over such an action without regard to the amount in controversy. 

Such an action shall, at the request of either party to the action, 

be tried by the court with a jury. 

‘‘(3) An Inspector General determination and an agency head 

order denying relief under paragraph (2) shall be admissible in 

Deadlines. 

Deadline. 

Reports. 

Reports. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 243 

evidence in any de novo action at law or equity brought pursuant 

to this subsection.’’. 

(d) DEFINITIONS.—Subsection (e) of such section is amended— 

(1) in paragraph (4), by inserting ‘‘or a grant’’ after ‘‘a 

contract’’; and 

(2) by inserting before the period at the end the following: 

‘‘and any Inspector General that receives funding from, or has 

oversight over contracts awarded for or on behalf of, the Secretary of Defense’’. 

SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE 

OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS. 

(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN OPINION.— (1) REQUEST.—An official or former official of the Department of Defense described in subsection (c) who, within two 

years after leaving service in the Department of Defense, 

expects to receive compensation from a Department of Defense 

contractor, shall, prior to accepting such compensation, request 

a written opinion regarding the applicability of post-employment restrictions to activities that the official or former official 

may undertake on behalf of a contractor. 

(2) SUBMISSION OF REQUEST.—A request for a written 

opinion under paragraph (1) shall be submitted in writing 

to an ethics official of the Department of Defense having responsibility for the organization in which the official or former 

official serves or served and shall set forth all information 

relevant to the request, including information relating to 

government positions held and major duties in those positions, 

actions taken concerning future employment, positions sought, 

and future job descriptions, if applicable. 

(3) WRITTEN OPINION.—Not later than 30 days after 

receiving a request by an official or former official of the Department of Defense described in subsection (c), the appropriate 

ethics counselor shall provide such official or former official 

a written opinion regarding the applicability or inapplicability 

of post-employment restrictions to activities that the official 

or former official may undertake on behalf of a contractor. 

(4) CONTRACTOR REQUIREMENT.—A Department of Defense 

contractor may not knowingly provide compensation to a former 

Department of Defense official described in subsection (c) within 

two years after such former official leaves service in the Department of Defense, without first determining that the former 

official has sought and received (or has not received after 30 

days of seeking) a written opinion from the appropriate ethics 

counselor regarding the applicability of post-employment 

restrictions to the activities that the former official is expected 

to undertake on behalf of the contractor. 

(5) ADMINISTRATIVE ACTIONS.—In the event that an official 

or former official of the Department of Defense described in 

subsection (c), or a Department of Defense contractor, knowingly fails to comply with the requirements of this subsection, 

the Secretary of Defense may take any of the administrative 

actions set forth in section 27(e) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(e)) that the Secretary of Defense 

determines to be appropriate. 

(b) RECORDKEEPING REQUIREMENT.— 

Deadline. 

10 USC 1701 

note. 


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(1) DATABASE.—Each request for a written opinion made 

pursuant to this section, and each written opinion provided 

pursuant to such a request, shall be retained by the Department 

of Defense in a central database or repository for not less 

than five years beginning on the date on which the written 

opinion was provided. 

(2) INSPECTOR GENERAL REVIEW.—The Inspector General 

of the Department of Defense shall conduct periodic reviews 

to ensure that written opinions are being provided and retained 

in accordance with the requirements of this section. The first 

such review shall be conducted no later than two years after 

the date of the enactment of this Act. 

(c) COVERED DEPARTMENT OF DEFENSE OFFICIALS.—An official 

or former official of the Department of Defense is covered by the 

requirements of this section if such official or former official— 

(1) participated personally and substantially in an acquisition as defined in section 4(16) of the Office of Federal Procurement Policy Act with a value in excess of $10,000,000 and 

serves or served— 

(A) in an Executive Schedule position under subchapter 

II of chapter 53 of title 5, United States Code; 

(B) in a position in the Senior Executive Service under 

subchapter VIII of chapter 53 of title 5, United States 

Code; or 

(C) in a general or flag officer position compensated 

at a rate of pay for grade O–7 or above under section 

201 of title 37, United States Code; or 

(2) serves or served as a program manager, deputy program 

manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source 

selection evaluation board, or chief of a financial or technical 

evaluation team for a contract in an amount in excess of 

$10,000,000. 

(d) DEFINITION.—In this section, the term ‘‘post-employment 

restrictions’’ includes— 

(1) section 27 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 423); 

(2) section 207 of title 18, United States Code; and 

(3) any other statute or regulation restricting the employment or activities of individuals who leave government service 

in the Department of Defense. 

SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR 

DEFENSE CONTRACTORS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the internal 

ethics programs of major defense contractors. 

(b) ELEMENTS.—The report required by subsection (a) shall 

address, at a minimum— 

(1) the extent to which major defense contractors have 

internal ethics programs in place; 

(2) the extent to which the ethics programs described in 

paragraph (1) include— 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 245 

(A) the availability of internal mechanisms, such as 

hotlines, for contractor employees to report conduct that 

may violate applicable requirements of law or regulation; 

(B) notification to contractor employees of the availability of external mechanisms, such as the hotline of the 

Inspector General of the Department of Defense, for the 

reporting of conduct that may violate applicable requirements of law or regulation; 

(C) notification to contractor employees of their right 

to be free from reprisal for disclosing a substantial violation 

of law related to a contract, in accordance with section 

2409 of title 10, United States Code; 

(D) ethics training programs for contractor officers and 

employees; 

(E) internal audit or review programs to identify and 

address conduct that may violate applicable requirements 

of law or regulation; 

(F) self-reporting requirements, under which contractors report conduct that may violate applicable requirements of law or regulation to appropriate government officials; 

(G) disciplinary action for contractor employees whose 

conduct is determined to have violated applicable requirements of law or regulation; and 

(H) appropriate management oversight to ensure the 

successful implementation of such ethics programs; 

(3) the extent to which the Department of Defense monitors 

or approves the ethics programs of major defense contractors; 

and 

(4) the advantages and disadvantages of legislation 

requiring that defense contractors develop internal ethics programs and requiring that specific elements be included in such 

ethics programs. 

(c) ACCESS TO INFORMATION.—In accordance with the contract 

clause required pursuant to section 2313(c) of title 10, United 

States Code, each major defense contractor shall provide the Comptroller General access to information requested by the Comptroller 

General that is within the scope of the report required by this 

section. 

(d) MAJOR DEFENSE CONTRACTOR DEFINED.—In this section, 

the term ‘‘major defense contractor’’ means any company that was 

awarded contracts by the Department of Defense during fiscal year 

2006 in amounts totaling more than $500,000,000. 

SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL 

OUTSIDE THE ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY COMMISSION RECOMMENDATIONS. 

(a) TRAINING REQUIREMENT.—Section 2333 of title 10, United 

States Code is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) TRAINING FOR PERSONNEL OUTSIDE ACQUISITION

WORKFORCE.—(1) The joint policy for requirements definition, 

contingency program management, and contingency contracting 

required by subsection (a) shall provide for training of military 

personnel outside the acquisition workforce (including operational 


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field commanders and officers performing key staff functions for 

operational field commanders) who are expected to have acquisition 

responsibility, including oversight duties associated with contracts 

or contractors, during combat operations, post-conflict operations, 

and contingency operations. 

‘‘(2) Training under paragraph (1) shall be sufficient to ensure 

that the military personnel referred to in that paragraph understand the scope and scale of contractor support they will experience 

in contingency operations and are prepared for their roles and 

responsibilities with regard to requirements definition, program 

management (including contractor oversight), and contingency contracting. 

‘‘(3) The joint policy shall also provide for the incorporation 

of contractors and contract operations in mission readiness exercises 

for operations that will include contracting and contractor support.’’. 

(b) ORGANIZATIONAL REQUIREMENTS.— (1) EVALUATION BY THE SECRETARY OF DEFENSE.—The Secretary of Defense, in consultation with the Chairman of the 

Joint Chiefs of Staff, shall evaluate the recommendations 

included in the report of the Commission on Army Acquisition 

and Program Management in Expeditionary Operations and 

shall determine the extent to which such recommendations 

are applicable to the other Armed Forces. Not later than 120 

days after the date of the enactment of this Act, the Secretary 

of Defense shall submit a report to the congressional defense 

committees with the conclusions of this evaluation and a 

description of the Secretary’s plans for implementing the 

Commission’s recommendations for Armed Forces other than 

the Army. 

(2) EVALUATION BY THE SECRETARY OF THE ARMY.—The 

Secretary of the Army, in consultation with the Chief of Staff 

of the Army, shall evaluate the recommendations included in 

the report of the Commission on Army Acquisition and Program 

Management in Expeditionary Operations. Not later than 120 

days after the date of the enactment of this Act, the Secretary 

of the Army shall submit to the congressional defense committees a report detailing the Secretary’s plans for implementation 

of the recommendations of the Commission. The report shall 

include the following: 

(A) For each recommendation that has been implemented, or that the Secretary plans to implement— 

(i) a summary of all actions that have been taken 

to implement such recommendation; and 

(ii) a schedule, with specific milestones, for completing the implementation of such recommendation. 

(B) For each recommendation that the Secretary has 

not implemented and does not plan to implement— 

(i) the reasons for the decision not to implement 

such recommendation; and 

(ii) a summary of any alternative actions the Secretary plans to take to address the purposes underlying 

such recommendation. 

(C) For each recommendation that would require legislation to implement, the Secretary’s recommendations 

regarding such legislation. 

(c) COMPTROLLER GENERAL REPORT.—Section 854(c) of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

Deadlines. 

Reports. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 247 

(Public Law 109–364; 120 Stat. 2346) is amended by adding at 

the end the following new paragraph: 

‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than 180 

days after the date on which the Secretary of Defense submits 

the final report required by paragraph (2), the Comptroller 

General of the United States shall— 

‘‘(A) review the joint policies developed by the Secretary, including the implementation of such policies; and 

‘‘(B) submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report 

on the extent to which such policies, and the implementation of such policies, comply with the requirements of section 2333 of title 10, United States Code (as so amended).’’. 

Subtitle E—Acquisition Workforce 

Provisions 

SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION 

WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN. 

(a) IN GENERAL.—In the update of the strategic human capital 

plan for 2008, and in each subsequent update, the Secretary of 

Defense shall include a separate section focused on the defense 

acquisition workforce, including both military and civilian personnel. 

(b) FUNDING.—The section shall contain— 

(1) an identification of the funding programmed for defense 

acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense 

Acquisition Workforce Fund established under section 1705 

of title 10, United States Code (as added by section 852 of 

this Act); 

(2) an identification of the funding programmed for defense 

acquisition workforce training in the future-years defense program, including a specific identification of funding provided 

by the acquisition workforce training fund established under 

section 37(h)(3) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 433(h)(3)); 

(3) a description of how the funding identified pursuant 

to paragraphs (1) and (2) will be implemented during the fiscal 

year concerned to address the areas of need identified in accordance with subsection (c); 

(4) a statement of whether the funding identified under 

paragraphs (1) and (2) is being fully used; and 

(5) a description of any continuing shortfall in funding 

available for the defense acquisition workforce. 

(c) AREAS OF NEED.—The section also shall identify any areas 

of need in the defense acquisition workforce, including— 

(1) gaps in the skills and competencies of the current 

or projected defense acquisition workforce; 

(2) changes to the types of skills needed in the current 

or projected defense acquisition workforce; 

(3) incentives to retain in the defense acquisition workforce 

qualified, experienced defense acquisition workforce personnel; 

and 

(4) incentives for attracting new, high-quality personnel 

to the defense acquisition workforce. 

10 USC note 

prec. 1580. 


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(d) STRATEGIC HUMAN CAPITAL PLAN DEFINED.—In this section, 

the term ‘‘strategic human capital plan’’ means the strategic human 

capital plan required under section 1122 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3452; 10 U.S.C. prec. 1580 note). 

SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 

DEVELOPMENT FUND. 

(a) IN GENERAL.— (1) ESTABLISHMENT OF FUND.—Chapter 87 of title 10, 

United States Code, is amended by inserting after section 1704 

the following new section: 

‘‘§ 1705. Department of Defense Acquisition Workforce 

Development Fund 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a fund to be known as the ‘Department of Defense Acquisition 

Workforce Fund’ (in this section referred to as the ‘Fund’) to provide 

funds, in addition to other funds that may be available, for the 

recruitment, training, and retention of acquisition personnel of the 

Department of Defense. 

‘‘(b) PURPOSE.—The purpose of the Fund is to ensure that 

the Department of Defense acquisition workforce has the capacity, 

in both personnel and skills, needed to properly perform its mission, 

provide appropriate oversight of contractor performance, and ensure 

that the Department receives the best value for the expenditure 

of public resources. 

‘‘(c) MANAGEMENT.—The Fund shall be managed by a senior 

official of the Department of Defense designated by the Under 

Secretary of Defense for Acquisition, Technology, and Logistics for 

that purpose, from among persons with an extensive background 

in management relating to acquisition and personnel. 

‘‘(d) ELEMENTS.— 

‘‘(1) IN GENERAL.—The Fund shall consist of amounts as 

follows: 

‘‘(A) Amounts credited to the Fund under paragraph 

(2). 

‘‘(B) Any other amounts appropriated to, credited to, 

or deposited into the Fund by law. 

‘‘(2) CREDITS TO THE FUND.—(A) There shall be credited 

to the Fund an amount equal to the applicable percentage 

for a fiscal year of all amounts expended by the Department 

of Defense in such fiscal year for contract services, other than 

services relating to research and development and services 

relating to military construction. 

‘‘(B) Not later than 30 days after the end of the third 

fiscal year quarter of fiscal year 2008, and 30 days after the 

end of each fiscal year quarter thereafter, the head of each 

military department and Defense Agency shall remit to the 

Secretary of Defense an amount equal to the applicable percentage for such fiscal year of the amount expended by such military 

department or Defense Agency, as the case may be, during 

such fiscal year quarter for services covered by subparagraph 

(A). Any amount so remitted shall be credited to the Fund 

under subparagraph (A). 

‘‘(C) For purposes of this paragraph, the applicable percentage for a fiscal year is a percentage as follows: 

Deadlines. 


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‘‘(i) For fiscal year 2008, 0.5 percent. 

‘‘(ii) For fiscal year 2009, 1 percent. 

‘‘(iii) For fiscal year 2010, 1.5 percent. 

‘‘(iv) For any fiscal year after fiscal year 2010, 2 percent. 

‘‘(D) The Secretary of Defense may reduce a percentage 

established in subparagraph (C) for any fiscal year, if he determines that the application of such percentage would result 

in the crediting of an amount greater than is reasonably needed 

for the purpose of the Fund. In no event may the Secretary 

reduce a percentage for any fiscal year below a percentage 

that results in the deposit in a fiscal year of an amount equal 

to the following: 

‘‘(i) For fiscal year 2008, $300,000,000. 

‘‘(ii) For fiscal year 2009, $400,000,000. 

‘‘(iii) For fiscal year 2010, $500,000,000. 

‘‘(iv) For any fiscal year after fiscal year 2010, 

$600,000,000. 

‘‘(e) AVAILABILITY OF FUNDS.— 

‘‘(1) IN GENERAL.—Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary 

of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and 

retention of acquisition personnel of the Department of Defense 

for the purpose of the Fund, including for the provision of 

training and retention incentives to the acquisition workforce 

of the Department. 

‘‘(2) PROHIBITION.—Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection. 

‘‘(3) GUIDANCE.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics, acting through the 

senior official designated to manage the Fund, shall issue guidance for the administration of the Fund. Such guidance shall 

include provisions— 

‘‘(A) identifying areas of need in the acquisition 

workforce for which amounts in the Fund may be used, 

including— 

‘‘(i) changes to the types of skills needed in the 

acquisition workforce; 

‘‘(ii) incentives to retain in the acquisition 

workforce qualified, experienced acquisition workforce 

personnel; and 

‘‘(iii) incentives for attracting new, high-quality 

personnel to the acquisition workforce; 

‘‘(B) describing the manner and timing for applications 

for amounts in the Fund to be submitted; 

‘‘(C) describing the evaluation criteria to be used for 

approving or prioritizing applications for amounts in the 

Fund in any fiscal year; and 

‘‘(D) describing measurable objectives of performance 

for determining whether amounts in the Fund are being 

used in compliance with this section. 

‘‘(4) LIMITATION ON PAYMENTS TO OR FOR CONTRACTORS.— 

Amounts in the Fund shall not be available for payments 


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to contractors or contractor employees, other than for the purpose of providing advanced training to Department of Defense 

employees. 

‘‘(5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT

EMPLOYEES.—Amounts in the Fund may not be used to pay 

the base salary of any person who was an employee of the 

Department as of the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2008. 

‘‘(6) DURATION OF AVAILABILITY.—Amounts credited to the 

Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding 

fiscal years. 

‘‘(f) ANNUAL REPORT.—Not later than 60 days after the end 

of each fiscal year beginning with fiscal year 2008, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the operation of the Fund during such fiscal year. 

Each report shall include, for the fiscal year covered by such report, 

the following: 

‘‘(1) A statement of the amounts remitted to the Secretary 

for crediting to the Fund for such fiscal year by each military 

department and Defense Agency, and a statement of the 

amounts credited to the Fund for such fiscal year. 

‘‘(2) A description of the expenditures made from the Fund 

(including expenditures following a transfer of amounts in the 

Fund to a military department or Defense Agency) in such 

fiscal year, including the purpose of such expenditures. 

‘‘(3) A description and assessment of improvements in the 

Department of Defense acquisition workforce resulting from 

such expenditures. 

‘‘(4) Recommendations for additional authorities to fulfill 

the purpose of the Fund. 

‘‘(5) A statement of the balance remaining in the Fund 

at the end of such fiscal year. 

‘‘(g) ACQUISITION WORKFORCE DEFINED.—In this section, the 

term ‘acquisition workforce’ means personnel in positions designated 

under section 1721 of this title as acquisition positions for purposes 

of this chapter.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of such chapter is amended by 

inserting after the item relating to section 1704 the following 

new item: 

‘‘1705. Department of Defense Acquisition Workforce Development Fund.’’. 

(b) EFFECTIVE DATE.—Section 1705 of title 10, United States 

Code, as added by subsection (a), shall take effect on the date 

of the enactment of this Act. 

SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY 

POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSITIONS. 

Section 1413(b) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1665) is amended 

by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 

2012’’. 

41 USC 433 note. 

10 USC 1705 

note. 


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SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING 

FUND. 

Section 37(h)(3) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 433(h)(3)) is amended by striking subparagraph 

(H). 

SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS. 

(a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE

PROGRAMS.—The Administrator for Federal Procurement Policy 

shall designate a member of the Senior Executive Service as the 

Associate Administrator for Acquisition Workforce Programs. The 

Associate Administrator for Acquisition Workforce Programs shall 

be located in the Federal Acquisition Institute (or its successor). 

The Associate Administrator shall be responsible for— 

(1) supervising the acquisition workforce training fund 

established under section 37(h)(3) of the Office of Federal 

Procurement Policy Act (41 U. S. C. 433(h)(3)); 

(2) developing, in coordination with Chief Acquisition Officers and Chief Human Capital Officers, a strategic human 

capital plan for the acquisition workforce of the Federal Government; 

(3) reviewing and providing input to individual agency 

acquisition workforce succession plans; 

(4) recommending to the Administrator and other senior 

government officials appropriate programs, policies, and practices to increase the quantity and quality of the Federal acquisition workforce; and 

(5) carrying out such other functions as the Administrator 

may assign. 

(b) ACQUISITION AND CONTRACTING TRAINING PROGRAMS WITHIN

EXECUTIVE AGENCIES.— 

(1) REQUIREMENT.—The head of each executive agency, 

after consultation with the Associate Administrator for Acquisition Workforce Programs, shall establish and operate acquisition and contracting training programs. Such programs shall— 

(A) have curricula covering a broad range of acquisition 

and contracting disciplines corresponding to the specific 

acquisition and contracting needs of the agency involved; 

(B) be developed and applied according to rigorous 

standards; and 

(C) be designed to maximize efficiency, through the 

use of self-paced courses, online courses, on-the-job 

training, and the use of remote instructors, wherever such 

features can be applied without reducing the effectiveness 

of the training or negatively affecting academic standards. 

(2) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPONSIBILITIES.—Subject to the authority, direction, and control of 

the head of an executive agency, the Chief Acquisition Officer 

for such agency shall carry out all powers, functions, and duties 

of the head of the agency with respect to implementation of 

this subsection. The Chief Acquisition Officer shall ensure that 

the policies established by the head of the agency in accordance 

with this subsection are implemented throughout the agency. 

(c) GOVERNMENT-WIDE POLICIES AND EVALUATION.—The 

Administrator for Federal Procurement Policy shall issue policies 

to promote the development of performance standards for training 

and uniform implementation of this section by executive agencies, 

Designation. 

41 USC 433a. 


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with due regard for differences in program requirements among 

agencies that may be appropriate and warranted in view of the 

agency mission. The Administrator shall evaluate the implementation of the provisions of subsection (b) by executive agencies. 

(d) ACQUISITION AND CONTRACTING TRAINING REPORTING.—The 

Administrator for Federal Procurement Policy shall ensure that 

the heads of executive agencies collect and maintain standardized 

information on the acquisition and contracting workforce related 

to the implementation of subsection (b). 

(e) ACQUISITION WORKFORCE HUMAN CAPITAL SUCCESSION

PLAN.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this Act, each Chief Acquisition Officer 

for an executive agency shall develop, in consultation with 

the Chief Human Capital Officer for the agency and the Associate Administrator for Acquisition Workforce Programs, a 

succession plan consistent with the agency’s strategic human 

capital plan for the recruitment, development, and retention 

of the agency’s acquisition workforce, with a particular focus 

on warranted contracting officers and program managers of 

the agency. 

(2) CONTENT OF PLAN.—The acquisition workforce succession plan shall address— 

(A) recruitment goals for personnel from procurement 

intern programs; 

(B) the agency’s acquisition workforce training needs; 

(C) actions to retain high performing acquisition professionals who possess critical relevant skills; 

(D) recruitment goals for personnel from the Federal 

Career Intern Program; and 

(E) recruitment goals for personnel from the Presidential Management Fellows Program. 

(f) TRAINING IN THE ACQUISITION OF ARCHITECT AND

ENGINEERING SERVICES.—The Administrator for Federal Procurement Policy shall ensure that a sufficient number of Federal 

employees are trained in the acquisition of architect and engineering 

services. 

(g) UTILIZATION OF RECRUITMENT AND RETENTION AUTHORITIES.—The Administrator for Federal Procurement Policy, in 

coordination with the Director of the Office of Personnel Management, shall encourage executive agencies to utilize existing authorities, including direct hire authority and tuition assistance programs, 

to recruit and retain acquisition personnel and consider recruiting 

acquisition personnel who may be retiring from the private sector, 

consistent with existing laws and regulations. 

(h) DEFINITIONS.—In this section: 

(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning provided in section 4(1) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 403(1)). 

(2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisition Officer’’ means a Chief Acquisition Officer for an executive 

agency appointed pursuant to section 16 of the Office of Federal 

Procurement Policy Act (41 U.S.C. 414). 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 253 

Subtitle F—Contracts in Iraq and 

Afghanistan 

SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING 

TO CONTRACTING. 

(a) MEMORANDUM OF UNDERSTANDING REQUIRED.—The Secretary of Defense, the Secretary of State, and the Administrator 

of the United States Agency for International Development shall, 

not later than July 1, 2008, enter into a memorandum of understanding regarding matters relating to contracting for contracts 

in Iraq or Afghanistan. 

(b) MATTERS COVERED.—The memorandum of understanding 

required by subsection (a) shall address, at a minimum, the following: 

(1) Identification of the major categories of contracts in 

Iraq or Afghanistan being awarded by the Department of 

Defense, the Department of State, or the United States Agency 

for International Development. 

(2) Identification of the roles and responsibilities of each 

department or agency for matters relating to contracting for 

contracts in Iraq or Afghanistan. 

(3) Responsibility for establishing procedures for, and the 

coordination of, movement of contractor personnel in Iraq or 

Afghanistan. 

(4) Identification of common databases that will serve as 

repositories of information on contracts in Iraq or Afghanistan 

and contractor personnel in Iraq or Afghanistan, including 

agreement on the elements to be included in the databases, 

including, at a minimum— 

(A) with respect to each contract— 

(i) a brief description of the contract (to the extent 

consistent with security considerations); 

(ii) the total value of the contract; and 

(iii) whether the contract was awarded competitively; and 

(B) with respect to contractor personnel— 

(i) the total number of personnel employed on contracts in Iraq or Afghanistan; 

(ii) the total number of personnel performing security functions under contracts in Iraq or Afghanistan; 

and 

(iii) the total number of personnel working under 

contracts in Iraq or Afghanistan who have been killed 

or wounded. 

(5) Responsibility for maintaining and updating information 

in the common databases identified under paragraph (4). 

(6) Responsibility for the collection and referral to the 

appropriate Government agency of any information relating 

to offenses under chapter 47 of title 10, United States Code 

(the Uniform Code of Military Justice) or chapter 212 of title 

18, United States Code (commonly referred to as the Military 

Extraterritorial Jurisdiction Act), including a clarification of 

responsibilities under section 802(a)(10) of title 10, United 

States Code (article 2(a) of the Uniform Code of Military Justice), as amended by section 552 of the John Warner National 

Deadlines. 

10 USC 2302 

note. 


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122 STAT. 254 PUBLIC LAW 110–181—JAN. 28, 2008 

Defense Authorization Act for Fiscal Year 2007 (Public Law 

109–364). 

(c) IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING.— 

Not later than 120 days after the memorandum of understanding 

required by subsection (a) is signed, the Secretary of Defense, 

the Secretary of State, and the Administrator of the United States 

Agency for International Development shall issue such policies or 

guidance and prescribe such regulations as are necessary to implement the memorandum of understanding for the relevant matters 

pertaining to their respective agencies. 

(d) COPIES PROVIDED TO CONGRESS.— (1) MEMORANDUM OF UNDERSTANDING.—Copies of the 

memorandum of understanding required by subsection (a) shall 

be provided to the relevant committees of Congress within 

30 days after the memorandum is signed. 

(2) REPORT ON IMPLEMENTATION.—Not later than 180 days 

after the memorandum of understanding required by subsection 

(a) is signed, the Secretary of Defense, the Secretary of State, 

and the Administrator of the United States Agency for International Development shall each provide a report to the relevant committees of Congress on the implementation of the 

memorandum of understanding. 

(3) DATABASES.—The Secretary of Defense, the Secretary 

of State, or the Administrator of the United States Agency 

for International Development shall provide access to the 

common databases identified under subsection (b)(4) to the 

relevant committees of Congress. 

(4) CONTRACTS.—Effective on the date of the enactment 

of this Act, copies of any contracts in Iraq or Afghanistan 

awarded after December 1, 2007, shall be provided to any 

of the relevant committees of Congress within 15 days after 

the submission of a request for such contract or contracts 

from such committee to the department or agency managing 

the contract. 

SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS. 

(a) REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

coordination with the Secretary of State, shall prescribe regulations on the selection, training, equipping, and conduct of personnel performing private security functions under a covered 

contract in an area of combat operations. 

(2) ELEMENTS.—The regulations prescribed under subsection (a) shall, at a minimum, establish— 

(A) a process for registering, processing, accounting 

for, and keeping appropriate records of personnel performing private security functions in an area of combat 

operations; 

(B) a process for authorizing and accounting for 

weapons to be carried by, or available to be used by, personnel performing private security functions in an area 

of combat operations; 

(C) a process for the registration and identification 

of armored vehicles, helicopters, and other military vehicles 

Deadline. 

10 USC 2302 

note. 

Effective date. 

Regulations. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 255 

operated by contractors performing private security functions in an area of combat operations; 

(D) a process under which contractors are required 

to report all incidents, and persons other than contractors 

are permitted to report incidents, in which— 

(i) a weapon is discharged by personnel performing 

private security functions in an area of combat operations; 

(ii) personnel performing private security functions 

in an area of combat operations are killed or injured; 

or 

(iii) persons are killed or injured, or property is 

destroyed, as a result of conduct by contractor personnel; 

(E) a process for the independent review and, if practicable, investigation of— 

(i) incidents reported pursuant to subparagraph 

(D); and 

(ii) incidents of alleged misconduct by personnel 

performing private security functions in an area of 

combat operations; 

(F) requirements for qualification, training, screening 

(including, if practicable, through background checks), and 

security for personnel performing private security functions 

in an area of combat operations; 

(G) guidance to the commanders of the combatant commands on the issuance of— 

(i) orders, directives, and instructions to contractors performing private security functions relating to 

equipment, force protection, security, health, safety, 

or relations and interaction with locals; 

(ii) predeployment training requirements for personnel performing private security functions in an area 

of combat operations, addressing the requirements of 

this section, resources and assistance available to contractor personnel, country information and cultural 

training, and guidance on working with host country 

nationals and military; and 

(iii) rules on the use of force for personnel performing private security functions in an area of combat 

operations; 

(H) a process by which a commander of a combatant 

command may request an action described in subsection 

(b)(3); and 

(I) a process by which the training requirements 

referred to in subparagraph (G)(ii) shall be implemented. 

(3) AVAILABILITY OF ORDERS, DIRECTIVES, AND INSTRUCTIONS.—The regulations prescribed under subsection (a) shall 

include mechanisms to ensure the provision and availability 

of the orders, directives, and instructions referred to in paragraph (2)(G)(i) to contractors referred to in that paragraph, 

including through the maintenance of a single location 

(including an Internet website, to the extent consistent with 

security considerations) at or through which such contractors 

may access such orders, directives, and instructions. 

(b) CONTRACT CLAUSE ON CONTRACTORS PERFORMING PRIVATE

SECURITY FUNCTIONS.— 

Website. 


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122 STAT. 256 PUBLIC LAW 110–181—JAN. 28, 2008 

(1) REQUIREMENT UNDER FAR.—Not later than 180 days 

after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with section 25 of the 

Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 

be revised to require the insertion into each covered contract 

(or, in the case of a task order, the contract under which 

the task order is issued) of a contract clause addressing the 

selection, training, equipping, and conduct of personnel performing private security functions under such contract. 

(2) CLAUSE REQUIREMENT.—The contract clause required 

by paragraph (1) shall require, at a minimum, that the contractor concerned shall— 

(A) comply with regulations prescribed under subsection (a), including any revisions or updates to such 

regulations, and follow the procedures established in such 

regulations for— 

(i) registering, processing, accounting for, and 

keeping appropriate records of personnel performing 

private security functions in an area of combat operations; 

(ii) authorizing and accounting of weapons to be 

carried by, or available to be used by, personnel performing private security functions in an area of combat 

operations; 

(iii) registration and identification of armored 

vehicles, helicopters, and other military vehicles operated by contractors and subcontractors performing private security functions in an area of combat operations; 

and 

(iv) the reporting of incidents in which— 

(I) a weapon is discharged by personnel performing private security functions in an area of 

combat operations; 

(II) personnel performing private security 

functions in an area of combat operations are killed 

or injured; or 

(III) persons are killed or injured, or property 

is destroyed, as a result of conduct by contractor 

personnel; 

(B) ensure that all personnel performing private security functions under such contract are briefed on and understand their obligation to comply with— 

(i) qualification, training, screening (including, if 

practicable, through background checks), and security 

requirements established by the Secretary of Defense 

for personnel performing private security functions in 

an area of combat operations; 

(ii) applicable laws and regulations of the United 

States and the host country, and applicable treaties 

and international agreements, regarding the performance of the functions of the contractor; 

(iii) orders, directives, and instructions issued by 

the applicable commander of a combatant command 

relating to equipment, force protection, security, 

health, safety, or relations and interaction with locals; 

and 

Deadline. 


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(iv) rules on the use of force issued by the 

applicable commander of a combatant command for 

personnel performing private security functions in an 

area of combat operations; and 

(C) cooperate with any investigation conducted by the 

Department of Defense pursuant to subsection (a)(2)(E) 

by providing access to employees of the contractor and 

relevant information in the possession of the contractor 

regarding the incident concerned. 

(3) NONCOMPLIANCE OF PERSONNEL WITH CLAUSE.—The contracting officer for a covered contract may direct the contractor, 

at its own expense, to remove or replace any personnel performing private security functions in an area of combat operations who violate or fail to comply with applicable requirements of the clause required by this subsection. If the violation 

or failure to comply is a gross violation or failure or is repeated, 

the contract may be terminated for default. 

(4) APPLICABILITY.—The contract clause required by this 

subsection shall be included in all covered contracts awarded 

on or after the date that is 180 days after the date of the 

enactment of this Act. Federal agencies shall make best efforts 

to provide for the inclusion of the contract clause required 

by this subsection in covered contracts awarded before such 

date. 

(5) INSPECTOR GENERAL REPORT ON PILOT PROGRAM ON

IMPOSITION OF FINES FOR NONCOMPLIANCE OF PERSONNEL WITH

CLAUSE.—Not later than March 30, 2008, the Inspector General 

of the Department of Defense shall submit to Congress a report 

assessing the feasibility and advisability of carrying out a pilot 

program for the imposition of fines on contractors for personnel 

who violate or fail to comply with applicable requirements 

of the clause required by this section as a mechanism for 

enhancing the compliance of such personnel with the clause. 

The report shall include— 

(A) an assessment of the feasibility and advisability 

of carrying out the pilot program; and 

(B) if the Inspector General determines that carrying 

out the pilot program is feasible and advisable— 

(i) recommendations on the range of contracts and 

subcontracts to which the pilot program should apply; 

and 

(ii) a schedule of fines to be imposed under the 

pilot program for various types of personnel actions 

or failures. 

(c) AREAS OF COMBAT OPERATIONS.— 

(1) DESIGNATION.—The Secretary of Defense shall designate 

the areas constituting an area of combat operations for purposes 

of this section by not later than 120 days after the date of 

the enactment of this Act. 

(2) PARTICULAR AREAS.—Iraq and Afghanistan shall be 

included in the areas designated as an area of combat operations under paragraph (1). 

(3) ADDITIONAL AREAS.—The Secretary may designate any 

additional area as an area constituting an area of combat 

operations for purposes of this section if the Secretary determines that the presence or potential of combat operations in 

Deadline. 


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122 STAT. 258 PUBLIC LAW 110–181—JAN. 28, 2008 

such area warrants designation of such area as an area of 

combat operations for purposes of this section. 

(4) MODIFICATION OR ELIMINATION OF DESIGNATION.—The 

Secretary may modify or cease the designation of an area 

under this subsection as an area of combat operations if the 

Secretary determines that combat operations are no longer 

ongoing in such area. 

(d) EXCEPTION.—The requirements of this section shall not 

apply to contracts entered into by elements of the intelligence 

community in support of intelligence activities. 

SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN. 

(a) REVIEWS AND REPORTS REQUIRED.— (1) IN GENERAL.—Every 12 months, the Comptroller General shall review contracts in Iraq or Afghanistan and submit 

to the relevant committees of Congress a report on such review. 

(2) MATTERS COVERED.—A report under this subsection 

shall cover the following with respect to the contracts in Iraq 

or Afghanistan reviewed for the report: 

(A) Total number of contracts and task orders awarded 

during the period covered by the report. 

(B) Total number of active contracts and task orders. 

(C) Total value of all contracts and task orders awarded 

during the reporting period. 

(D) Total value of active contracts and task orders. 

(E) The extent to which such contracts have used 

competitive procedures. 

(F) Total number of contractor personnel working on 

contracts during the reporting period. 

(G) Total number of contractor personnel, on average, 

who are performing security functions during the reporting 

period. 

(H) The number of contractor personnel killed or 

wounded during the reporting period. 

(I) Information on any specific contract or class of 

contracts that the Comptroller General determines raises 

issues of significant concern. 

(3) SUBMISSION OF REPORTS.—The Comptroller General 

shall submit an initial report under this subsection not later 

than October 1, 2008, and shall submit an updated report 

every year thereafter until October 1, 2010. 

(b) ACCESS TO DATABASES ON CONTRACTS.—The Secretary of 

Defense and the Secretary of State shall provide full access to 

the databases described in section 861(b)(4) to the Comptroller 

General for purposes of the reviews carried out under this section. 

SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS. 

(a) DEFINITIONS.—In this subtitle: 

(1) MATTERS RELATING TO CONTRACTING.—The term ‘‘matters relating to contracting’’, with respect to contracts in Iraq 

and Afghanistan, means all matters relating to awarding, 

funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel. 

(2) CONTRACT IN IRAQ OR AFGHANISTAN.—The term ‘‘contract in Iraq or Afghanistan’’ means a contract with the Department of Defense, the Department of State, or the United States 

Agency for International Development, a subcontract at any 

10 USC 2302 

note. 

10 USC 2302 

note. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 259 

tier issued under such a contract, or a task order or delivery 

order at any tier issued under such a contract (including a 

contract, subcontract, or task order or delivery order issued 

by another Government agency for the Department of Defense, 

the Department of State, or the United States Agency for 

International Development), if the contract, subcontract, or task 

order or delivery order involves worked performed in Iraq or 

Afghanistan for a period longer than 14 days. 

(3) COVERED CONTRACT.—The term ‘‘covered contract’’ 

means— 

(A) a contract of a Federal agency for the performance 

of services in an area of combat operations, as designated 

by the Secretary of Defense under subsection (c) of section 

862; 

(B) a subcontract at any tier under such a contract; 

or 

(C) a task order or delivery order issued under such 

a contract or subcontract. 

(4) CONTRACTOR.—The term ‘‘contractor’’, with respect to 

a covered contract, means the contractor or subcontractor carrying out the covered contract. 

(5) PRIVATE SECURITY FUNCTIONS.—The term ‘‘private security functions’’ means activities engaged in by a contractor 

under a covered contract as follows: 

(A) Guarding of personnel, facilities, or property of 

a Federal agency, the contractor or subcontractor, or a 

third party. 

(B) Any other activity for which personnel are required 

to carry weapons in the performance of their duties. 

(6) RELEVANT COMMITTEES OF CONGRESS.—The term ‘‘relevant committees of Congress’’ means each of the following 

committees: 

(A) The Committees on Armed Services of the Senate 

and the House of Representatives. 

(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. 

(C) The Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(D) For purposes of contracts relating to the National 

Foreign Intelligence Program, the Select Committee on 

Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. 

(b) CLASSIFIED INFORMATION.—Nothing in this subtitle shall 

be interpreted to require the handling of classified information 

or information relating to intelligence sources and methods in a 

manner inconsistent with any law, regulation, executive order, or 

rule of the House of Representatives or of the Senate relating 

to the handling or protection of such information. 


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Subtitle G—Defense Materiel Readiness 

Board 

SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS 

BOARD. 

(a) ESTABLISHMENT.—Not later than 6 months after the date 

of the enactment of this Act, the Secretary of Defense shall establish 

a Defense Materiel Readiness Board (in this subtitle referred to 

as the ‘‘Board’’) within the Office of the Secretary of Defense. 

(b) MEMBERSHIP.—The Secretary shall appoint the chairman 

and the members of the Board from among officers of the Armed 

Forces with expertise in matters relevant to the function of the 

Board to assess materiel readiness and evaluate plans and policies 

relating to materiel readiness. At a minimum, the Board shall 

include representatives of the Joint Chiefs of Staff, each of the 

Armed Forces, and each of the reserve components of the Armed 

Forces. 

(c) STAFF.—The Secretary of Defense shall assign staff, and 

request the Secretaries of the military departments to assign staff, 

as necessary to assist the Board in carrying out its duties. 

(d) FUNCTIONS.—The Board shall provide independent assessments of materiel readiness, materiel readiness shortfalls, and 

materiel readiness plans to the Secretary of Defense and the Congress. To carry out such functions, the Board shall— 

(1) monitor and assess the materiel readiness of the Armed 

Forces; 

(2) assist the Secretary of Defense in the identification 

of deficiencies in the materiel readiness of the Armed Forces 

caused by shortfalls in weapons systems, equipment, and supplies; 

(3) identify shortfalls in materiel readiness, including critical materiel readiness shortfalls, for purposes of the Secretary’s 

designations under section 872 and the funding needed to 

address such shortfalls; 

(4) assess the adequacy of current Department of Defense 

plans, policies, and programs to address shortfalls in materiel 

readiness, including critical materiel readiness shortfalls (as 

designated by the Secretary under section 872), and to sustain 

and improve materiel readiness; 

(5) assist the Secretary of Defense in determining whether 

the industrial capacity of the Department of Defense and of 

the defense industrial base is being best utilized to support 

the materiel readiness needs of the Armed Forces; 

(6) review and assess Department of Defense systems for 

measuring the status of current materiel readiness of the 

Armed Forces; and 

(7) make recommendations with respect to materiel readiness funding, measurement techniques, plans, policies, and programs. 

(e) REPORTS.—The Board shall submit to the Secretary of 

Defense a report summarizing its findings and recommendations 

not less than once every six months. Within 30 days after receiving 

a report from the Board, the Secretary shall forward the report 

in its entirety, together with his comments, to the congressional 

defense committees. The report shall be submitted in unclassified 

Deadline. 

10 USC 117 note. 


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form. To the extent necessary, the report may be accompanied 

by a classified annex. 

SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS. 

(a) DESIGNATION OF CRITICAL MATERIEL READINESS SHORTFALLS.— 

(1) DESIGNATION.—The Secretary of Defense may designate 

any requirement of the Armed Forces for equipment or supplies 

as a critical materiel readiness shortfall if there is a shortfall 

in the required equipment or supplies that materially reduces 

readiness of the Armed Forces and that— 

(A) cannot be adequately addressed by identifying 

acceptable substitute capabilities or cross leveling of equipment that does not unacceptably reduce the readiness of 

other Armed Forces; and 

(B) that is likely to persist for more than two years 

based on currently projected budgets and schedules for 

deliveries of equipment and supplies. 

(2) CONSIDERATION OF BOARD FINDINGS AND RECOMMENDATIONS.—In making any such designation, the Secretary shall 

take into consideration the findings and recommendations of 

the Defense Materiel Readiness Board. 

(b) MEASURES TO ADDRESS CRITICAL MATERIEL READINESS

SHORTFALLS.—The Secretary of Defense shall ensure that critical 

materiel readiness shortfalls designated pursuant to subsection 

(a)(1) are transmitted to the relevant officials of the Department 

of Defense responsible for requirements, budgets, and acquisition, 

and that such officials prioritize and address such shortfalls in 

the shortest time frame practicable. 

(c) TRANSFER AUTHORITY.— 

(1) IN GENERAL.—The amounts of authorizations that the 

Secretary may transfer under the authority of section 1001 

of this Act is hereby increased by $2,000,000,000. 

(2) LIMITATIONS.—The additional transfer authority provided by this section— 

(A) may be made only from authorizations to the 

Department of Defense for fiscal year 2008; 

(B) may be exercised solely for the purpose of 

addressing critical materiel readiness shortfalls as designated by the Secretary of Defense under subsection (a); 

and 

(C) is subject to the same terms, conditions, and procedures as other transfer authority under section 1001 of 

this Act. 

(d) STRATEGIC READINESS FUND.— 

(1) ESTABLISHMENT.—There is established on the books 

of the Treasury a fund to be known as the Department of 

Defense Strategic Readiness Fund (in this subsection referred 

to as the ‘‘Fund’’), which shall be administered by the Secretary 

of the Treasury. 

(2) PURPOSES.—The Fund shall be used to address critical 

materiel readiness shortfalls as designated by the Secretary 

of Defense under subsection (a). 

(3) ASSETS OF FUND.—There shall be deposited into the 

Fund any amount appropriated to the Fund, which shall constitute the assets of the Fund. 

10 USC 117 note. 


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(4) LIMITATION.—The procurement unit cost (as defined 

in section 2432(a) of title 10, United States Code) of any item 

purchased using assets of the Fund, whether such assets are 

in the Fund or after such assets have been transferred from 

the Fund using the authority provided in subsection (c), shall 

not exceed $30,000,000. 

(e) MULTIYEAR CONTRACT NOTIFICATION.— (1) NOTIFICATION.—If the Secretary of a military department makes the determination described in paragraph (2) with 

respect to the use of a multiyear contract, the Secretary shall 

notify the congressional defense committees within 30 days 

of the determination and provide a detailed description of the 

proposed multiyear contract. 

(2) DETERMINATION.—The determination referred to in 

paragraph (1) is a determination by the Secretary of a military 

department that the use of a multiyear contract to procure 

an item to address a critical materiel readiness shortfall— 

(A) will significantly accelerate efforts to address a 

critical materiel readiness shortfall; 

(B) will provide savings compared to the total anticipated costs of carrying out the contract through annual 

contracts; and 

(C) will serve the interest of national security. 

(f) DEFINITION.—In this section, the term ‘‘critical materiel 

readiness shortfall’’ means a critical materiel readiness shortfall 

designated by the Secretary of Defense under this section. 

Subtitle H—Other Matters 

SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMINATION OF COMMERCIAL INFORMATION TECHNOLOGIES. 

(a) REQUIREMENT TO ESTABLISH CLEARINGHOUSE.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense, acting through the Assistant Secretary of 

Defense for Networks and Information Integration, shall establish 

a clearinghouse for identifying, assessing, and disseminating knowledge about readily available information technologies (with an 

emphasis on commercial off-the-shelf information technologies) that 

could support the warfighting mission of the Department of Defense. 

(b) RESPONSIBILITIES.—The clearinghouse established pursuant 

to subsection (a) shall be responsible for the following: 

(1) Developing a process to rapidly assess and set priorities 

and needs for significant information technology needs of the 

Department of Defense that could be met by commercial technologies, including a process for— 

(A) aligning priorities and needs with the requirements 

of the commanders of the combatant command; and 

(B) proposing recommendations to the commanders of 

the combatant command of feasible technical solutions for 

further evaluation. 

(2) Identifying and assessing emerging commercial technologies (including commercial off-the-shelf technologies) that 

could support the warfighting mission of the Department of 

Defense, including the priorities and needs identified pursuant 

to paragraph (1). 

Deadline. 

10 USC 2225 

note. 

Deadline. 


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(3) Disseminating information about commercial technologies identified pursuant to paragraph (2) to commanders 

of combatant commands and other potential users of such technologies. 

(4) Identifying gaps in commercial technologies and 

working to stimulate investment in research and development 

in the public and private sectors to address those gaps. 

(5) Enhancing internal data and communications systems 

of the Department of Defense for sharing and retaining information regarding commercial technology priorities and needs, technologies available to meet such priorities and needs, and 

ongoing research and development directed toward gaps in 

such technologies. 

(6) Developing mechanisms, including web-based mechanisms, to facilitate communications with industry regarding 

the priorities and needs of the Department of Defense identified 

pursuant to paragraph (1) and commercial technologies available to address such priorities and needs. 

(7) Assisting in the development of guides to help small 

information technology companies with promising technologies 

to understand and navigate the funding and acquisition processes of the Department of Defense. 

(8) Developing methods to measure how well processes 

developed by the clearinghouse are being utilized and to collect 

data on an ongoing basis to assess the benefits of commercial 

technologies that are procured on the recommendation of the 

clearinghouse. 

(c) PERSONNEL.—The Secretary of Defense, acting through the 

Assistant Secretary of Defense for Networks and Information 

Integration, shall provide for the hiring and support of employees 

(including detailees from other components of the Department of 

Defense and from other Federal departments or agencies) to assist 

in identifying, assessing, and disseminating information regarding 

commercial technologies under this section. 

(d) REPORT TO CONGRESS.—Not later than one year after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on the 

implementation of this section. 

SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS 

AND LIKENESSES OF WEAPONS SYSTEMS TO TOY AND 

HOBBY MANUFACTURERS. 

(a) AUTHORITY TO LICENSE CERTAIN ITEMS.—Section 2260 of 

title 10, United States Code, is amended— 

(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) LICENSES FOR QUALIFYING COMPANIES.—(1) The Secretary 

concerned may license trademarks, service marks, certification 

marks, and collective marks owned or controlled by the Secretary 

relating to military designations and likenesses of military weapons 

systems to any qualifying company upon receipt of a request from 

the company. 

‘‘(2) For purposes of paragraph (1), a qualifying company is 

any United States company that— 

‘‘(A) is a toy or hobby manufacturer; and 


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‘‘(B) is determined by the Secretary concerned to be qualified in accordance with such criteria as determined appropriate 

by the Secretary of Defense. 

‘‘(3) The fee for a license under this subsection shall not exceed 

by more than a nominal amount the amount needed to recover 

all costs of the Department of Defense in processing the request 

for the license and supplying the license. 

‘‘(4) A license to a qualifying company under this subsection 

shall provide that the license may not be transferred, sold, or 

relicensed by the qualifying company. 

‘‘(5) A license under this subsection shall not be an exclusive 

license.’’. 

(b) EFFECTIVE DATE.—The Secretary of Defense shall prescribe 

regulations to implement the amendment made by this section 

not later than 180 days after the date of the enactment of this 

Act. 

SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO 

ACQUIRE MILITARY FLIGHT SIMULATOR. 

(a) EFFECT ON EXISTING CONTRACTS.—Section 832 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2331) is amended by adding at 

the end the following new subsection: 

‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limitation in subsection (a) does not apply to any service contract of a military 

department to acquire a military flight simulator, or to any renewal 

or extension of, or follow-on contract to, such a contract, if— 

‘‘(1) the contract was in effect as of October 17, 2006; 

‘‘(2) the number of flight simulators to be acquired under 

the contract (or renewal, extension, or follow-on) will not result 

in the total number of flight simulators acquired by the military 

department concerned through service contracts to exceed the 

total number of flight simulators to be acquired under all 

service contracts of such department for such simulators in 

effect as of October 17, 2006; and 

‘‘(3) in the case of a renewal or extension of, or followon contract to, the contract, the Secretary of the military department concerned provides to the congressional defense committees a written notice of the decision to exercise an option 

to renew or extend the contract, or to issue a solicitation for 

bids or proposals using competitive procedures for a followon contract, and an economic analysis as described in subsection 

(c) supporting the decision, at least 30 days before carrying 

out such decision.’’. 

(b) CHANGE IN GROUNDS FOR WAIVER.—Section 832(c)(1) of 

such Act, as redesignated by subsection (a), is amend by striking 

‘‘necessary for national security purposes’’ and inserting ‘‘in the 

national interest’’. 

SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN 

DOMESTIC SOURCE LIMITATIONS RELATING TO SPECIALTY METALS. 

(a) NOTICE REQUIREMENT.—At least 30 days prior to making 

a domestic nonavailability determination pursuant to section 

2533b(b) of title 10, United States Code, that would apply to more 

than one contract of the Department of Defense, the Secretary 

of Defense shall, to the maximum extent practicable and in a 

10 USC 2533b 

note. 

10 USC 2302 

note. 

Regulations. 

Deadline. 

10 USC 2260 

note. 


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manner consistent with the protection of national security information and confidential business information— 

(1) publish a notice on the website maintained by the 

General Services Administration known as FedBizOpps.gov (or 

any successor site) of the Secretary’s intent to make the 

domestic nonavailability determination; and 

(2) solicit information relevant to such notice from 

interested parties, including producers of specialty metal mill 

products. 

(b) DETERMINATION.—(1) The Secretary shall take into consideration all information submitted pursuant to subsection (a) in 

making a domestic nonavailability determination pursuant to section 2533b(b) of title 10, United States Code, that would apply 

to more than one contract of the Department of Defense, and 

may also consider other relevant information that cannot be made 

part of the public record consistent with the protection of national 

security information and confidential business information. 

(2) The Secretary shall ensure that any such determination 

and the rationale for such determination is made publicly available 

to the maximum extent consistent with the protection of national 

security information and confidential business information. 

SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING 

IN COMBAT ZONES. 

(a) COMPETITIVE PROCEDURES REQUIRED.— 

(1) REQUIREMENT.—When the Secretary of Defense considers it necessary to provide morale, welfare, and recreation 

telephone services for military personnel serving in combat 

zones, the Secretary shall use competitive procedures when 

entering into a contract to provide those services. 

(2) REVIEW AND DETERMINATION.—Before soliciting bids or 

proposals for new contracts, or considering extensions to 

existing contracts, to provide morale, welfare, and recreation 

telephone services for military personnel serving in combat 

zones, the Secretary shall review and determine whether it 

is in the best interest of the Department to require bids or 

proposals, or adjustments for the purpose of extending a contract, to include options that minimize the cost of the telephone 

services to individual users while providing individual users 

the flexibility of using phone cards from other than the prospective contractor. The Secretary shall submit the results of this 

review and determination to the Committees on Armed Services 

of the Senate and the House of Representatives. 

(b) EFFECTIVE DATE.— 

(1) REQUIREMENT.—Subsection (a)(1) shall apply to any 

new contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones 

that is entered into after the date of the enactment of this 

Act. 

(2) REVIEW AND DETERMINATION.—Subsection (a)(2) shall 

apply to any new contract or extension to an existing contract 

to provide morale, welfare, and recreation telephone services 

for military personnel serving in combat zones that is entered 

into or agreed upon after the date of the enactment of this 

Act. 

Applicability. 

10 USC 2304 

note. 

Public 

information. 

Website. 


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SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN IRAQ AND AFGHANISTAN. 

(a) IN GENERAL.—In the case of a product or service to be 

acquired in support of military operations or stability operations 

in Iraq or Afghanistan (including security, transition, reconstruction, and humanitarian relief activities) for which the Secretary 

of Defense makes a determination described in subsection (b), the 

Secretary may conduct a procurement in which— 

(1) competition is limited to products or services that are 

from Iraq or Afghanistan; 

(2) procedures other than competitive procedures are used 

to award a contract to a particular source or sources from 

Iraq or Afghanistan; or 

(3) a preference is provided for products or services that 

are from Iraq or Afghanistan. 

(b) DETERMINATION.—A determination described in this subsection is a determination by the Secretary that— 

(1) the product or service concerned is to be used only 

by the military forces, police, or other security personnel of 

Iraq or Afghanistan; or 

(2) it is in the national security interest of the United 

States to limit competition, use procedures other than competitive procedures, or provide a preference as described in subsection (a) because— 

(A) such limitation, procedure, or preference is necessary to provide a stable source of jobs in Iraq or Afghanistan; and 

(B) such limitation, procedure, or preference will not 

adversely affect— 

(i) military operations or stability operations in 

Iraq or Afghanistan; or 

(ii) the United States industrial base. 

(c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ OR AFGHANISTAN.—For the purposes of this section: 

(1) A product is from Iraq or Afghanistan if it is mined, 

produced, or manufactured in Iraq or Afghanistan. 

(2) A service is from Iraq or Afghanistan if it is performed 

in Iraq or Afghanistan by citizens or permanent resident aliens 

of Iraq or Afghanistan. 

(3) A source is from Iraq or Afghanistan if it— 

(A) is located in Iraq or Afghanistan; and 

(B) offers products or services that are from Iraq or 

Afghanistan. 

SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF 

DEFENSE POLICIES AND PROCEDURES FOR THE 

ACQUISITION OF INFORMATION TECHNOLOGY. 

(a) REVIEW REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall direct 

the Defense Science Board to carry out a review of Department 

of Defense policies and procedures for the acquisition of information 

technology. 

(b) MATTERS TO BE ADDRESSED.—The matters addressed by 

the review required by subsection (a) shall include the following: 

(1) Department of Defense policies and procedures for 

acquiring national security systems, business information systems, and other information technology. 

Deadline. 

10 USC 2302 

note. 


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(2) The roles and responsibilities in implementing such 

policies and procedures of— 

(A) the Under Secretary of Defense for Acquisition, 

Technology, and Logistics; 

(B) the Chief Information Officer of the Department 

of Defense; 

(C) the Director of the Business Transformation 

Agency; 

(D) the service acquisition executives; 

(E) the chief information officers of the military departments; 

(F) Defense Agency acquisition officials; 

(G) the information officers of the Defense Agencies; 

and 

(H) the Director of Operational Test and Evaluation 

and the heads of the operational test organizations of the 

military departments and the Defense Agencies. 

(3) The application of such policies and procedures to 

information technologies that are an integral part of weapons 

or weapon systems. 

(4) The requirements of subtitle III of title 40, United 

States Code, and chapter 35 of title 44, United States Code, 

regarding performance-based and results-based management, 

capital planning, and investment control in the acquisition 

of information technology. 

(5) Department of Defense policies and procedures for maximizing the usage of commercial information technology while 

ensuring the security of the microelectronics, software, and 

networks of the Department. 

(6) The suitability of Department of Defense acquisition 

regulations, including Department of Defense Directive 5000.1 

and the accompanying milestones, to the acquisition of information technology systems. 

(7) The adequacy and transparency of metrics used by 

the Department of Defense for the acquisition of information 

technology systems. 

(8) The effectiveness of existing statutory and regulatory 

reporting requirements for the acquisition of information technology systems. 

(9) The adequacy of operational and development test 

resources (including infrastructure and personnel), policies, and 

procedures to ensure appropriate testing of information technology systems both during development and before operational 

use. 

(10) The appropriate policies and procedures for technology 

assessment, development, and operational testing for purposes 

of the adoption of commercial technologies into information 

technology systems. 

(c) REPORT REQUIRED.—Not later than one year after the date 

of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review 

required by subsection (a). The report shall include the findings 

and recommendations of the Defense Science Board pursuant to 

the review, including such recommendations for legislative or 

administrative action as the Board considers appropriate, together 

with any comments the Secretary considers appropriate. 


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SEC. 888. GREEN PROCUREMENT POLICY. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department of Defense should establish a system to document 

and track the use of environmentally preferable products and services. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report on a plan to increase the usage of environmentally 

friendly products that minimize potential impacts to human health 

and the environment at all Department of Defense facilities inside 

and outside the United States, including through the direct purchase of products and the purchase of products by facility maintenance contractors. The report shall also cover consideration of the 

budgetary impact of implementation of the plan. 

SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY 

UNDER THE DEFENSE PRODUCTION ACT OF 1950. 

(a) THOROUGH REVIEW REQUIRED.—The Comptroller General 

of the United States (in this section referred to as the ‘‘Comptroller’’) 

shall conduct a thorough review of the application of the Defense 

Production Act of 1950, covering the period beginning on the date 

of the enactment of the Defense Production Act Reauthorization 

of 2003 (Public Law 108–195) and ending on the date of the enactment of this Act. 

(b) CONSIDERATIONS.—In conducting the review required by 

this section, the Comptroller shall examine— 

(1) the relevance and utility of the authorities provided 

under the Defense Production Act of 1950 to meet the security 

challenges of the 21st Century; 

(2) the manner in which the authorities provided under 

such Act have been used by the Federal Government— 

(A) to meet security challenges; 

(B) to meet current and future defense requirements; 

(C) to meet current and future energy requirements; 

(D) to meet current and future domestic emergency 

and disaster response and recovery requirements; 

(E) to reduce the interruption of critical infrastructure 

operations during a terrorist attack, natural catastrophe, 

or other similar national emergency; and 

(F) to safeguard critical components of the United 

States industrial base, including American aerospace and 

shipbuilding industries; 

(3) the economic impact of foreign offset contracts; 

(4) the relative merit of developing rapid and standardized 

systems for use of the authorities provided under the Defense 

Production Act of 1950, by any Federal agency; and 

(5) such other issues as the Comptroller determines relevant. 

(c) REPORT TO CONGRESS.—Not later than 150 days after the 

date of the enactment of this Act, the Comptroller shall submit 

to the Committees on Armed Services and on Banking, Housing, 

and Urban Affairs of the Senate and the Committees on Armed 

Services and on Financial Services of the House of Representatives 

a report on the review conducted under this section. 

(d) RULES OF CONSTRUCTION ON PROTECTION OF INFORMATION.—Notwithstanding any other provision of law— 


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(1) the provisions of section 705(d) of the Defense Production Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply to 

information sought or obtained by the Comptroller for purposes 

of the review required by this section; and 

(2) provisions of law pertaining to the protection of classified information or proprietary information otherwise applicable 

to information sought or obtained by the Comptroller in carrying out this section shall not be affected by any provision 

of this section. 

SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS. 

(a) PREVENTION OF EXPORT CONTROL VIOLATIONS.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall prescribe regulations requiring any contractor under a contract with the Department of Defense to provide 

goods or technology that is subject to export controls under the 

Arms Export Control Act or the Export Administration of 1979 

(as continued in effect under the International Emergency Economic 

Powers Act) to comply with those Acts and applicable regulations 

with respect to such goods and technology, including the International Traffic in Arms Regulations and the Export Administration 

Regulations. Regulations prescribed under this subsection shall 

include a contract clause enforcing such requirement. 

(b) TRAINING ON EXPORT CONTROLS.—The Secretary of Defense 

shall ensure that any contractor under a contract with the Department of Defense to provide goods or technology that is subject 

to export controls under the Arms Export Control Act or the Export 

Administration of 1979 (as continued in effect under the International Emergency Economic Powers Act) is made aware of any 

relevant resources made available by the Department of State and 

the Department of Commerce to assist in compliance with the 

requirement established by subsection (a) and the need for a corporate compliance plan and periodic internal audits of corporate 

performance under such plan. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report 

assessing the utility of— 

(1) requiring defense contractors (or subcontractors at any 

tier) to periodically report on measures taken to ensure compliance with the International Traffic in Arms Regulations and 

the Export Administration Regulations; 

(2) requiring periodic audits of defense contractors (or subcontractors at any tier) to ensure compliance with all provisions 

of the International Traffic in Arms Regulations and the Export 

Administration Regulations; 

(3) requiring defense contractors to maintain a corporate 

training plan to disseminate information to appropriate contractor personnel regarding the applicability of the Arms Export 

Control Act and the Export Administration Act of 1979; and 

(4) requiring a designated corporate liaison, available for 

training provided by the United States Government, whose 

primary responsibility would be contractor compliance with 

the Arms Export Control Act and the Export Administration 

Act of 1979. 

(d) DEFINITIONS.—In this section: 

Contracts. 

10 USC 2302 

note. 

Deadline. 

Regulations. 


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(1) EXPORT ADMINISTRATION REGULATIONS.—The term 

‘‘Export Administration Regulations’’ means those regulations 

contained in sections 730 through 774 of title 15, Code of 

Federal Regulations (or successor regulations). 

(2) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.—The 

term ‘‘International Traffic in Arms Regulations’’ means those 

regulations contained in sections 120 through 130 of title 22, 

Code of Federal Regulations (or successor regulations). 

SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING 

INSTITUTIONS AND ALASKA NATIVE-SERVING INSTITUTIONS. 

Section 2323 of title 10, United States Code, is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘and’’ at the end of subparagraph (C); 

(B) by striking the period at the end of subparagraph 

(D) and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(E) Native Hawaiian-serving institutions and Alaska 

Native-serving institutions (as defined in section 317 of 

the Higher Education Act of 1965).’’; 

(2) in subsection (a)(2), by inserting after ‘‘Hispanic-serving 

institutions,’’ the following: ‘‘Native Hawaiian-serving institutions and Alaska Native-serving institutions,’’; 

(3) in subsection (c)(1), by inserting after ‘‘Hispanic-serving 

institutions,’’ the following: ‘‘Native Hawaiian-serving institutions and Alaska Native-serving institutions,’’; and 

(4) in subsection (c)(3), by inserting after ‘‘Hispanic-serving 

institutions,’’ the following: ‘‘to Native Hawaiian-serving institutions and Alaska Native-serving institutions,’’. 

SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ AND AFGHANISTAN. 

(a) COMPETITION REQUIREMENT.—For the procurement of pistols 

and other weapons described in subsection (b), the Secretary of 

Defense shall ensure, consistent with the provisions of section 2304 

of title 10, United States Code, that— 

(1) full and open competition is obtained to the maximum 

extent practicable; 

(2) no responsible United States manufacturer is excluded 

from competing for such procurements; and 

(3) products manufactured in the United States are not 

excluded from the competition. 

(b) PROCUREMENTS COVERED.—This section applies to the 

procurement of the following: 

(1) Pistols and other weapons less than 0.50 caliber for 

assistance to the Army of Iraq, the Iraqi Police Forces, and 

other Iraqi security organizations. 

(2) Pistols and other weapons less than 0.50 caliber for 

assistance to the Army of Afghanistan, the Afghani Police 

Forces, and other Afghani security organizations. 

Applicability. 

10 USC 2304 

note. 


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TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel and related report. 

Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 

Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions. 

Sec. 904. Management of the Department of Defense. 

Sec. 905. Revision in guidance relating to combatant command acquisition authority. 

Sec. 906. Department of Defense Board of Actuaries. 

Sec. 907. Modification of background requirement of individuals appointed as 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

Sec. 908. Assistant Secretaries of the military departments for acquisition matters; 

principal military deputies. 

Sec. 909. Sense of Congress on term of Office of the Director of Operational Test 

and Evaluation. 

Subtitle B—Space Activities 

Sec. 911. Space protection strategy. 

Sec. 912. Biennial report on management of space cadre within the Department of 

Defense. 

Sec. 913. Additional report on oversight of acquisition for defense space programs. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

Sec. 922. Sense of Congress on completion of destruction of United States chemical 

weapons stockpile. 

Sec. 923. Repeal of certain qualifications requirement for director of chemical demilitarization management organization. 

Sec. 924. Modification of termination of assistance to State and local governments 

after completion of the destruction of the United States chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 

2004. 

Subtitle E—Roles and Missions Analysis 

Sec. 941. Requirement for quadrennial roles and missions review. 

Sec. 942. Joint Requirements Oversight Council additional duties relating to core 

mission areas. 

Sec. 943. Requirement for certification of major systems prior to technology development. 

Sec. 944. Presentation of future-years mission budget by core mission area. 

Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions. 

Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program. 

Sec. 954. Board of Regents for the Uniformed Services University of the Health 

Sciences. 

Sec. 955. Establishment of Department of Defense School of Nursing. 

Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in 

Board of Visitors of Western Hemisphere Institute for Security Cooperation. 

Sec. 957. Comptroller General assessment of reorganization of the Office of the 

Under Secretary of Defense for Policy. 

Sec. 958. Report on foreign language proficiency. 


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Subtitle A—Department of Defense 

Management 

SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF 

DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL AND 

RELATED REPORT. 

(a) REPEAL OF LIMITATION.— 

(1) REPEAL.—Section 130a of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 3 of such title is amended by striking 

the item relating to section 130a. 

(b) REPORT REQUIRED.—The Secretary of Defense shall include 

a report with the defense budget materials for each fiscal year 

that includes the following information: 

(1) The average number of military personnel and civilian 

employees of the Department of Defense assigned to major 

Department of Defense headquarters activities for each component of the Department of Defense during the preceding fiscal 

year. 

(2) The total increase in personnel assigned to major headquarters activities, if any, during the preceding fiscal year— 

(A) attributable to the replacement of contract personnel with military personnel or civilian employees of 

the Department of Defense, including the number of positions associated with the replacement of contract personnel 

performing inherently governmental functions; and 

(B) attributable to reasons other than the replacement 

of contract personnel with military personnel or civilian 

employees of the Department, such as workload or operational demand increases. 

(3) An estimate of the cost savings, if any, associated with 

the elimination of contracts for the performance of major headquarters activities. 

(4) The number of military personnel and civilian 

employees of the Department of Defense assigned to major 

headquarters activities for each component of the Department 

of Defense as of October 1 of the preceding fiscal year. 

(c) DEFINITIONS.—In this section: 

(1) DEFENSE BUDGET MATERIALS.—The term ‘‘defense 

budget materials’’, with respect to a fiscal year, means the 

materials submitted to Congress by the Secretary of Defense 

in support of the budget for that fiscal year that is submitted 

to Congress by the President under section 1105 of title 31, 

United States Code. 

(2) CONTRACT PERSONNEL.—The term ‘‘contract personnel’’ 

means persons hired under a contract with the Department 

of Defense for the performance of major Department of Defense 

headquarters activities. 

SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS 

AND ASSISTANT CHIEFS. 

(a) ARMY.—Section 3035(b) of title 10, United States Code, 

is amended to read as follows: 

10 USC 221 note. 


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‘‘(b) The Secretary of the Army shall prescribe the number 

of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total 

of not more than eight positions.’’. 

(b) NAVY.— (1) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 5036(a) 

of title 10, United States Code, is amended— 

(A) by striking ‘‘There are in the Office of the Chief 

of Naval Operations not more than five Deputy Chiefs 

of Naval Operations,’’ and inserting ‘‘There are Deputy 

Chiefs of Naval Operations in the Office of the Chief of 

Naval Operations,’’; and 

(B) by adding at the end the following: ‘‘The Secretary 

of the Navy shall prescribe the number of Deputy Chiefs 

of Naval Operations under this section and Assistant Chiefs 

of Naval Operations under section 5037 of this title, for 

a total of not more than eight positions.’’. 

(2) ASSISTANT CHIEFS OF NAVAL OPERATIONS.—Section 

5037(a) of such title is amended— 

(A) by striking ‘‘There are in the Office of the Chief 

of Naval Operations not more than three Assistant Chiefs 

of Naval Operations,’’ and inserting ‘‘There are Assistant 

Chiefs of Naval Operations in the Office of the Chief of 

Naval Operations,’’; and 

(B) by adding at the end the following: ‘‘The Secretary 

of the Navy shall prescribe the number of Assistant Chiefs 

of Naval Operations in accordance with section 5036(a) 

of this title.’’. 

(c) AIR FORCE.—Section 8035(b) of title 10, United States Code, 

is amended to read as follows: 

‘‘(b) The Secretary of the Air Force shall prescribe the number 

of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total 

of not more than eight positions.’’. 

SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT 

TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS. 

(a) SECRETARY OF DEFENSE.—Section 113(a) of title 10, United 

States Code, is amended by striking ‘‘10’’ and inserting ‘‘seven’’. 

(b) DEPUTY SECRETARY OF DEFENSE.—Section 132(a) of such 

title is amended by striking ‘‘ten’’ and inserting ‘‘seven’’. 

(c) UNDER SECRETARY OF DEFENSE FOR POLICY.—Section 134(a) 

of such title is amended by striking ‘‘10’’ and inserting ‘‘seven’’. 

SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE. 

(a) ASSIGNMENT OF MANAGEMENT DUTIES AND DESIGNATION

OF A CHIEF MANAGEMENT OFFICER AND DEPUTY CHIEF MANAGE- MENT OFFICER OF THE DEPARTMENT OF DEFENSE.— (1) ESTABLISHMENT OF POSITION.—Section 132 of title 10, 

United States Code is amended— 

(A) by redesignating subsection (c) as subsection (d); 

and 

(B) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) The Deputy Secretary serves as the Chief Management 

Officer of the Department of Defense. The Deputy Secretary shall 

be assisted in this capacity by a Deputy Chief Management Officer, 

who shall be appointed from civilian life by the President, by 

and with the advice and consent of the Senate.’’. 

(2) ASSIGNMENT OF DUTIES.— 10 USC 132 note. 

President. 


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(A) The Secretary of Defense shall assign duties and 

authorities relating to the management of the business 

operations of the Department of Defense. 

(B) The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary 

for that official to effectively and efficiently organize the 

business operations of the Department of Defense. 

(C) The Secretary shall assign such duties and authorities to the Deputy Chief Management Officer as are necessary for that official to assist the Chief Management 

Officer to effectively and efficiently organize the business 

operations of the Department of Defense. 

(D) The Deputy Chief Management Officer shall perform the duties and have the authorities assigned by the 

Secretary under subparagraph (C) and perform such duties 

and have such authorities as are delegated by the Chief 

Management Officer. 

(3) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 of title 

5, United States Code, is amended by inserting after the item 

relating to the Under Secretary of Defense for Intelligence 

the following new item: 

‘‘Deputy Chief Management Officer of the Department of 

Defense.’’. 

(4) PLACEMENT IN OSD.—Section 131(b)(2) of title 10, United 

States Code, is amended— 

(A) by redesignating paragraphs (3) through (8) as 

paragraphs (4) through (9), respectively; and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

‘‘(3) The Deputy Chief Management Officer of the Department of Defense.’’. 

(b) ASSIGNMENT OF MANAGEMENT DUTIES AND DESIGNATION

OF THE CHIEF MANAGEMENT OFFICERS OF THE MILITARY DEPART- MENTS.— 

(1) The Secretary of a military department shall assign 

duties and authorities relating to the management of the business operations of such military department. 

(2) The Secretary of a military department, in assigning 

duties and authorities under paragraph (1) shall designate 

the Under Secretary of such military department to have the 

primary management responsibility for business operations, to 

be known in the performance of such duties as the Chief 

Management Officer. 

(3) The Secretary shall assign such duties and authorities 

to the Chief Management Officer as are necessary for that 

official to effectively and efficiently organize the business operations of the military department concerned. 

(4) The Chief Management Officer of each military department shall promptly provide such information relating to the 

business operations of such department to the Chief Management Officer and Deputy Chief Management Officer of the 

Department of Defense as is necessary to assist those officials 

in the performance of their duties. 

(c) MANAGEMENT OF DEFENSE BUSINESS TRANSFORMATION

AGENCY.—Section 192(e)(2) of title 10, United States Code, is 

amended by striking ‘‘that the Agency’’ and all that follows and 

inserting ‘‘that the Director of the Agency shall report directly 

10 USC 132 note. 


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to the Deputy Chief Management Officer of the Department of 

Defense.’’. 

(d) STRATEGIC MANAGEMENT PLAN REQUIRED.— (1) REQUIREMENT.—The Secretary of Defense, acting 

through the Chief Management Officer of the Department of 

Defense, shall develop a strategic management plan for the 

Department of Defense. 

(2) MATTERS COVERED.—Such plan shall include, at a minimum, detailed descriptions of— 

(A) performance goals and measures for improving and 

evaluating the overall efficiency and effectiveness of the 

business operations of the Department of Defense and 

achieving an integrated management system for business 

support areas within the Department of Defense; 

(B) key initiatives to be undertaken by the Department 

of Defense to achieve the performance goals under subparagraph (A), together with related resource needs; 

(C) procedures to monitor the progress of the Department of Defense in meeting performance goals and measures under subparagraph (A); 

(D) procedures to review and approve plans and 

budgets for changes in business operations, including any 

proposed changes to policies, procedures, processes, and 

systems, to ensure the compatibility of such plans and 

budgets with the strategic management plan of the Department of Defense; and 

(E) procedures to oversee the development of, and 

review and approve, all budget requests for defense business systems. 

(3) UPDATES.—The Secretary of Defense, acting through 

the Chief Management Officer, shall update the strategic 

management plan no later than July 1, 2009, and every two 

years thereafter and provide a copy to the Committees on 

Armed Services of the Senate and the House of Representatives. 

(e) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall provide to 

the Committees on Armed Services of the Senate and the House 

of Representatives a report on the implementation of this section 

and a copy of the strategic management plan required by subsection 

(d). 

SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND ACQUISITION AUTHORITY. 

Subparagraph (B) of section 905(b)(1) of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2353) is amended by striking ‘‘and mutually 

supportive of’’. 

SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—Chapter 7 of title 10, United States Code, 

is amended by inserting after section 182 the following new 

section: 

‘‘§ 183. Department of Defense Board of Actuaries 

‘‘(a) IN GENERAL.—There shall be in the Department of Defense 

a Department of Defense Board of Actuaries (hereinafter in this 

section referred to as the ‘Board’). 

10 USC 133 note. 

Deadlines. 

Records. 

10 USC note 

prec. 2201. 


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‘‘(b) MEMBERS.—(1) The Board shall consist of three members 

who shall be appointed by the Secretary of Defense from among 

qualified professional actuaries who are members of the Society 

of Actuaries. 

‘‘(2) The members of the Board shall serve for a term of 15 

years, except that a member of the Board appointed to fill a vacancy 

occurring before the end of the term for which the member’s predecessor was appointed shall only serve until the end of such term. 

A member may serve after the end of the member’s term until 

the member’s successor takes office. 

‘‘(3) A member of the Board may be removed by the Secretary 

of Defense only for misconduct or failure to perform functions 

vested in the Board. 

‘‘(4) A member of the Board who is not an employee of the 

United States is entitled to receive pay at the daily equivalent 

of the annual rate of basic pay of the highest rate of basic pay 

then currently being paid under the General Schedule of subchapter 

III of chapter 53 of title 5 for each day the member is engaged 

in the performance of the duties of the Board and is entitled 

to travel expenses, including a per diem allowance, in accordance 

with section 5703 of that title in connection with such duties. 

‘‘(c) DUTIES.—The Board shall have the following duties: 

‘‘(1) To review valuations of the Department of Defense 

Military Retirement Fund in accordance with section 1465(c) 

of this title and submit to the President and Congress, not 

less often than once every four years, a report on the status 

of that Fund, including such recommendations for modifications 

to the funding or amortization of that Fund as the Board 

considers appropriate and necessary to maintain that Fund 

on a sound actuarial basis. 

‘‘(2) To review valuations of the Department of Defense 

Education Benefits Fund in accordance with section 2006(e) 

of this title and make recommendations to the President and 

Congress on such modifications to the funding or amortization 

of that Fund as the Board considers appropriate to maintain 

that Fund on a sound actuarial basis. 

‘‘(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section 

and make recommendations to the President and Congress 

on such modifications to the funding or amortization of such 

funds as the Board considers appropriate to maintain such 

funds on a sound actuarial basis. 

‘‘(d) RECORDS.—The Secretary of Defense shall ensure that 

the Board has access to such records regarding the funds referred 

to in subsection (c) as the Board shall require to determine the 

actuarial status of such funds. 

‘‘(e) REPORTS.—(1) The Board shall submit to the Secretary 

of Defense on an annual basis a report on the actuarial status 

of each of the following: 

‘‘(A) The Department of Defense Military Retirement Fund. 

‘‘(B) The Department of Defense Education Benefits Fund. 

‘‘(C) Each other fund specified by Secretary under subsection (c)(3). 

‘‘(2) The Board shall also furnish its advice and opinion on 

matters referred to it by the Secretary.’’. 

Reports. 

Deadlines. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 7 of such title is amended by inserting 

after the item relating to section 182 the following new item: 

‘‘183. Department of Defense Board of Actuaries’’. 

(3) INITIAL SERVICE AS BOARD MEMBERS.—Each member 

of the Department of Defense Retirement Board of Actuaries 

or the Department of Defense Education Benefits Board of 

Actuaries as of the date of the enactment of this Act shall 

serve as an initial member of the Department of Defense Board 

of Actuaries under section 183 of title 10, United States Code 

(as added by paragraph (1)), from that date until the date 

otherwise provided for the completion of such individual’s term 

as a member of the Department of Defense Retirement Board 

of Actuaries or the Department of Defense Education Benefits 

Board of Actuaries, as the case may be, unless earlier removed 

by the Secretary of Defense. 

(b) TERMINATION OF EXISTING BOARDS OF ACTUARIES.— 

(1) DEPARTMENT OF DEFENSE RETIREMENT BOARD OF ACTUARIES.—(A) Section 1464 of title 10, United States Code, is 

repealed. 

(B) The table of sections at the beginning of chapter 74 

of such title is amended by striking the item relating to section 

1464. 

(2) DEPARTMENT OF DEFENSE EDUCATION BENEFITS BOARD

OF ACTUARIES.—Section 2006 of such title is amended— 

(A) in subsection (c)(1), by striking ‘‘subsection (g)’’ 

and inserting ‘‘subsection (f)’’; 

(B) by striking subsection (e); 

(C) by redesignating subsections (f), (g), and (h) as 

subsections (e), (f), and (g), respectively; 

(D) in subsection (e), as redesignated by subparagraph 

(C), by striking ‘‘subsection (g)’’ in paragraph (5) and 

inserting ‘‘subsection (f)’’; and 

(E) in subsection (f), as so redesignated— 

(i) in paragraph (2)(A), by striking ‘‘subsection 

(f)(3)’’ and inserting ‘‘subsection (e)(3)’’; and 

(ii) in paragraph (2)(B), by striking ‘‘subsection 

(f)(4)’’ and inserting ‘‘subsection (e)(4)’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 1175(h)(4) of title 10, United States Code, is 

amended by striking ‘‘Retirement’’ the first place it appears. 

(2) Section 1460(b) of such title is amended by striking 

‘‘Retirement’’. 

(3) Section 1466(c)(3) of such title is amended by striking 

‘‘Retirement’’. 

(4) Section 12521(6) of such title is amended by striking 

‘‘Department of Defense Education Benefits Board of Actuaries 

referred to in section 2006(e)(1) of this title’’ and inserting 

‘‘Department of Defense Board of Actuaries under section 183 

of this title’’. 

SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS APPOINTED AS UNDER SECRETARY OF DEFENSE 

FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. 

Section 133(a) of title 10, United States Code, is amended 

by striking ‘‘in the private sector’’. 

10 USC 183 note. 


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SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS 

FOR ACQUISITION MATTERS; PRINCIPAL MILITARY 

DEPUTIES. 

(a) DEPARTMENT OF THE ARMY.—Section 3016(b) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(5)(A) One of the Assistant Secretaries shall be the Assistant 

Secretary of the Army for Acquisition, Technology, and Logistics. 

The principal duty of the Assistant Secretary shall be the overall 

supervision of acquisition, technology, and logistics matters of the 

Department of the Army. 

‘‘(B) The Assistant Secretary shall have a Principal Military 

Deputy, who shall be a lieutenant general of the Army on active 

duty. The Principal Military Deputy shall be appointed from among 

officers who have significant experience in the areas of acquisition 

and program management. The position of Principal Military 

Deputy shall be designated as a critical acquisition position under 

section 1733 of this title.’’. 

(b) DEPARTMENT OF THE NAVY.—Section 5016(b) of such title 

is amended by adding at the end the following new paragraph: 

‘‘(4)(A) One of the Assistant Secretaries shall be the Assistant 

Secretary of the Navy for Research, Development, and Acquisition. 

The principal duty of the Assistant Secretary shall be the overall 

supervision of research, development, and acquisition matters of 

the Department of the Navy. 

‘‘(B) The Assistant Secretary shall have a Principal Military 

Deputy, who shall be a vice admiral of the Navy or a lieutenant 

general of the Marine Corps on active duty. The Principal Military 

Deputy shall be appointed from among officers who have significant 

experience in the areas of acquisition and program management. 

The position of Principal Military Deputy shall be designated as 

a critical acquisition position under section 1733 of this title.’’. 

(c) DEPARTMENT OF THE AIR FORCE.—Section 8016(b) of such 

title is amended by adding at the end the following new paragraph: 

‘‘(4)(A) One of the Assistant Secretaries shall be the Assistant 

Secretary of the Air Force for Acquisition. The principal duty of 

the Assistant Secretary shall be the overall supervision of acquisition matters of the Department of the Air Force. 

‘‘(B) The Assistant Secretary shall have a Principal Military 

Deputy, who shall be a lieutenant general of the Air Force on 

active duty. The Principal Military Deputy shall be appointed from 

among officers who have significant experience in the areas of 

acquisition and program management. The position of Principal 

Military Deputy shall be designated as a critical acquisition position 

under section 1733 of this title.’’. 

(d) DUTY OF PRINCIPAL MILITARY DEPUTIES TO INFORM SERVICE

CHIEFS ON MAJOR DEFENSE ACQUISITION PROGRAMS.—Each Principal Military Deputy to a service acquisition executive shall be 

responsible for keeping the Chief of Staff of the Armed Forces 

concerned informed of the progress of major defense acquisition 

programs. 

SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR 

OF OPERATIONAL TEST AND EVALUATION. 

It is the sense of Congress that the term of office of the 

Director of Operational Test and Evaluation of the Department 

of Defense should be not less than five years. 

10 USC 2430 

note. 

Establishment. 

Appointments. 


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Subtitle B—Space Activities 

SEC. 911. SPACE PROTECTION STRATEGY. 

(a) SENSE OF CONGRESS.—It is the Sense of Congress that 

the United States should place greater priority on the protection 

of national security space systems. 

(b) STRATEGY.—The Secretary of Defense, in conjunction with 

the Director of National Intelligence, shall develop a strategy, to 

be known as the Space Protection Strategy, for the development 

and fielding by the United States of the capabilities that are necessary to ensure freedom of action in space for the United States. 

(c) MATTERS INCLUDED.—The strategy required by subsection 

(b) shall include each of the following: 

(1) An identification of the threats to, and the 

vulnerabilities of, the national security space systems of the 

United States. 

(2) A description of the capabilities currently contained 

in the program of record of the Department of Defense and 

the intelligence community that ensure freedom of action in 

space. 

(3) For each period covered by the strategy, a description 

of the capabilities that are needed for the period, including— 

(A) the hardware, software, and other materials or 

services to be developed or procured; 

(B) the management and organizational changes to 

be achieved; and 

(C) concepts of operations, tactics, techniques, and 

procedures to be employed. 

(4) For each period covered by the strategy, an assessment 

of the gaps and shortfalls between the capabilities that are 

needed for the period and the capabilities currently contained 

in the program of record. 

(5) For each period covered by the strategy, a comprehensive plan for investment in capabilities that identifies specific 

program and technology investments to be made in that period. 

(6) A description of the current processes by which the 

systems protection requirements of the Department of Defense 

and the intelligence community are addressed in space acquisition programs and during key milestone decisions, an assessment of the adequacy of those processes, and an identification 

of the actions of the Department and the intelligence community for addressing any inadequacies in those processes. 

(7) A description of the current processes by which the 

Department of Defense and the intelligence community program 

and budget for capabilities (including capabilities that are incorporated into single programs and capabilities that span multiple 

programs), an assessment of the adequacy of those processes, 

and an identification of the actions of the Department and 

the intelligence community for addressing any inadequacies 

in those processes. 

(8) A description of the organizational and management 

structure of the Department of Defense and the intelligence 

community for addressing policy, planning, acquisition, and 

operations with respect to capabilities, a description of the 

10 USC 2271 

note. 


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roles and responsibilities of each organization, and an identification of the actions of the Department and the intelligence 

community for addressing any inadequacies in that structure. 

(d) PERIODS COVERED.—The strategy required by subsection 

(b) shall cover the following periods: 

(1) Fiscal years 2008 through 2013. 

(2) Fiscal years 2014 through 2019. 

(3) Fiscal years 2020 through 2025. 

(e) DEFINITIONS.—In this section— 

(1) the term ‘‘capabilities’’ means space, airborne, and 

ground systems and capabilities for space situational awareness 

and for space systems protection; and 

(2) the term ‘‘intelligence community’’ has the meaning 

given such term in section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 401a(4)). 

(f) REPORT; BIENNIAL UPDATE.— 

(1) REPORT.—Not later than six months after the date 

of the enactment of this Act, the Secretary of Defense, in 

conjunction with the Director of National Intelligence, shall 

submit to Congress a report on the strategy required by subsection (b), including each of the matters required by subsection 

(c). 

(2) BIENNIAL UPDATE.—Not later than March 15 of each 

even-numbered year after 2008, the Secretary of Defense, in 

conjunction with the Director of National Intelligence, shall 

submit to Congress an update to the report required by paragraph (1). 

(3) CLASSIFICATION.—The report required by paragraph (1), 

and each update required by paragraph (2), shall be in unclassified form, but may include a classified annex. 

(g) CONFORMING REPEAL.—Section 911 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3405; 10 U.S.C. 2271 note) is repealed. 

SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE 

WITHIN THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 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— 

Deadline. 


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‘‘(i) are authorized or permitted to be maintained 

for each military department and defense agency; 

‘‘(ii) are needed or required for each military 

department and defense agency for the year in which 

the submission of the report is required; and 

‘‘(iii) are needed or required for each military 

department and defense agency for each of the five 

years following the date of the submission of the report; 

‘‘(B) the actual number of active duty, reserve duty, 

and government civilian personnel that are coded or classified as space cadre personnel within the Department of 

Defense, including the military departments and defense 

agencies; 

‘‘(C) the number of personnel recruited or hired as 

accessions to serve in billets coded or classified as space 

cadre personnel for each military department and defense 

agency; 

‘‘(D) the number of personnel serving in billets coded 

or classified as space cadre personnel that discontinued 

serving each military department and defense agency 

during the preceding calendar year; 

‘‘(E) for each of the reporting requirements in subparagraphs (A) through (D), further classification of the number 

of personnel by— 

‘‘(i) space operators, acquisition personnel, engineers, scientists, program managers, and other spacerelated 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.’’. 


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SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR 

DEFENSE SPACE PROGRAMS. 

Section 911(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2621) 

is amended by inserting ‘‘, and March 15, 2008,’’ after ‘‘March 

15, 2003,’’. 

Subtitle C—Chemical Demilitarization 

Program 

SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS. 

(a) FUNCTIONS.—Section 172 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended— 

(1) in each of subsections (b) and (f), by striking ‘‘Assistant 

Secretary of the Army (Research, Development and Acquisition)’’ and inserting ‘‘Assistant Secretary of the Army (Acquisition, Logistics, and Technology)’’; and 

(2) in subsection (g), by striking ‘‘Assistant Secretary of 

the Army (Research, Development, and Acquisition)’’ and 

inserting ‘‘Assistant Secretary of the Army (Acquisition, Logistics, and Technology)’’. 

(b) TERMINATION.—Such section is further amended in subsection (h) by striking ‘‘after the stockpile located in that commission’s State has been destroyed’’ and inserting ‘‘after the closure 

activities required pursuant to regulations promulgated by the 

Administrator of the Environmental Protection Agency pursuant 

to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have 

been completed for the chemical agent destruction facility in the 

commission’s State, or upon the request of the Governor of the 

commission’s State, whichever occurs first’’. 

SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION 

OF UNITED STATES CHEMICAL WEAPONS STOCKPILE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Convention on the Prohibition of the Development, 

Production, Stockpiling and Use of Chemical Weapons and 

on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the ‘‘Chemical Weapons Convention’’), 

requires that destruction of the entire United States chemical 

weapons stockpile be completed by not later than April 29, 

2007. 

(2) In 2006, under the terms of the Chemical Weapons 

Convention, the United States requested and received a onetime, 5-year extension of its chemical weapons destruction deadline to April 29, 2012. 

(3) On April 10, 2006, the Secretary of Defense notified 

Congress that the United States would not meet even the 

extended deadline under the Chemical Weapons Convention 

for destruction of the United States chemical weapons stockpile, 

but would ‘‘continue working diligently to minimize the time 

to complete destruction without sacrificing safety and security’’ 

and would also ‘‘continue requesting resources needed to complete destruction as close to April 2012 as practicable’’. 

50 USC 1521 

note. 


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(4) The United States chemical demilitarization program 

has met its one percent, 20 percent, and extended 45 percent 

destruction deadlines under the Chemical Weapons Convention. 

(5) Destroying the remaining stockpile of United States 

chemical weapons is imperative for public safety and homeland 

security, and doing so by April 2012, in accordance with the 

current destruction deadline provided under the Chemical 

Weapons Convention, is required by United States law. 

(6) The elimination of chemical weapons anywhere they 

exist in the world, and the prevention of their proliferation, 

is of utmost importance to the national security of the United 

States. 

(7) Section 921(b)(3) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2359) contained a sense of Congress urging the Secretary of Defense to ensure the elimination of the United States 

chemical weapons stockpile in the shortest time possible, consistent with the requirement to protect public health, safety, 

and the environment. 

(8) Section 921(b)(4) of that Act contained a sense of Congress urging the Secretary of Defense to propose a credible 

treatment and disposal process with the support of affected 

communities. In this regard, any such process should provide 

for sufficient communication and consultation between representatives of the Department of Defense and representatives 

of affected States and communities. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States is, and must remain, committed to 

making every effort to safely dispose of its entire chemical 

weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as 

soon thereafter as possible, and must carry out all of its other 

obligations under the Convention; and 

(2) the Secretary of Defense should make every effort to 

plan for, and to request in the annual budget of the President 

submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in 

accordance with United States obligations under the Chemical 

Weapons Convention and in a manner that will protect public 

health, safety, and the environment, as required by law. 

(c) REPORTS REQUIRED.— 

(1) IN GENERAL.—Not later than March 15, 2008, and every 

180 days thereafter until the year in which the United States 

completes the destruction of its entire stockpile of chemical 

weapons under the terms of the Chemical Weapons Convention, 

the Secretary of Defense shall submit to the members and 

committees of Congress referred to in paragraph (3) a report 

on the implementation by the United States of its chemical 

weapons destruction obligations under the Chemical Weapons 

Convention. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include the following: 

(A) The anticipated schedule at the time of such report 

for the completion of destruction of chemical agents, munitions, and materiel at each chemical weapons demilitarization facility in the United States. 


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(B) A description of the options and alternatives for 

accelerating the completion of chemical weapons destruction at each such facility, particularly in time to meet 

the destruction deadline of April 29, 2012, currently provided by the Chemical Weapons Convention, and by 

December 31, 2017. 

(C) A description of the funding required to achieve 

each of the options for destruction described under subparagraph (B), and a detailed life-cycle cost estimate for each 

of the affected facilities included in each such funding 

profile. 

(D) A description of all actions being taken by the 

United States to accelerate the destruction of its entire 

stockpile of chemical weapons, agents, and materiel in 

order to meet the current destruction deadline under the 

Chemical Weapons Convention of April 29, 2012, or as 

soon thereafter as possible. 

(3) MEMBERS AND COMMITTEES OF CONGRESS.—The members and committees of Congress referred to in this paragraph 

are— 

(A) the majority leader of the Senate, the minority 

leader of the Senate, and the Committees on Armed Services and Appropriations of the Senate; and 

(B) the Speaker of the House of Representatives, the 

majority leader of the House of Representatives, the 

minority leader of the House of Representatives, and the 

Committees on Armed Services and Appropriations of the 

House of Representatives. 

SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR 

DIRECTOR OF CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION. 

Section 1412(e)(3) of the Department of Defense Authorization 

Act, 1986 (50 U.S.C. 1521(e)(3)) is amended— 

(1) in subparagraph (A), by adding ‘‘and’’ at the end; 

(2) by striking subparagraph (B); and 

(3) by redesignating subparagraph (C) as subparagraph 

(B). 

SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE 

AND LOCAL GOVERNMENTS AFTER COMPLETION OF THE 

DESTRUCTION OF THE UNITED STATES CHEMICAL 

WEAPONS STOCKPILE. 

Subparagraph (B) of section 1412(c)(5) of the Department of 

Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is amended 

to read as follows: 

‘‘(B) Assistance may be provided under this paragraph for 

capabilities to respond to emergencies involving an installation 

or facility as described in subparagraph (A) until the earlier of 

the following: 

‘‘(i) The date of the completion of all grants and cooperative 

agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency 

Management Agency and the State and local governments concerned. 

‘‘(ii) The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions 

at the installation or facility.’’. 


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Subtitle D—Intelligence-Related Matters 

SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 

CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT 

OF 2004. 

(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 

10, United States Code, is amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears in the following provisions and 

inserting ‘‘Director of National Intelligence’’: 

(1) Section 192(c)(2). 

(2) Section 193(d)(2). 

(3) Section 193(e). 

(4) Section 201(a). 

(5) Section 201(c)(1). 

(6) Section 425(a). 

(7) Section 426(a)(3). 

(8) Section 426(b)(2). 

(9) Section 441(c). 

(10) Section 441(d). 

(11) Section 443(d). 

(12) Section 2273(b)(1). 

(13) Section 2723(a). 

(b) REFERENCES TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 

Such title is further amended by striking ‘‘Director of Central 

Intelligence’’ each place it appears in the following provisions and 

inserting ‘‘Director of the Central Intelligence Agency’’: 

(1) Section 431(b)(1). 

(2) Section 444. 

(3) Section 1089(g). 

(c) OTHER AMENDMENTS.— 

(1) SUBSECTION HEADINGS.— 

(A) SECTION 441(c).—The heading of subsection (c) of 

section 441 of such title is amended by striking ‘‘DIRECTOR

OF CENTRAL INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF

NATIONAL INTELLIGENCE’’. 

(B) SECTION 443(d).—The heading of subsection (d) 

of section 443 of such title is amended by striking 

‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ and inserting 

‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’. 

(2) SECTION 201.—Section 201 of such title is further 

amended— 

(A) in subsection (b)(1), to read as follows: 

‘‘(1) In the event of a vacancy in a position referred to 

in paragraph (2), before appointing an individual to fill the 

vacancy or recommending to the President an individual to 

be nominated to fill the vacancy, the Secretary of Defense 

shall obtain the concurrence of the Director of National Intelligence as provided in section 106(b) of the National Security 

Act of 1947 (50 U.S.C. 403–6(b)).’’; and 

(B) in subsection (c)(1), by striking ‘‘National Foreign 

Intelligence Program’’ and inserting ‘‘National Intelligence 

Program’’. 


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Subtitle E—Roles and Missions Analysis 

SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS 

REVIEW. 

(a) REQUIREMENT FOR REVIEW.— 

(1) IN GENERAL.—Chapter 2 of title 10, United States Code, 

is amended by inserting after section 118a the following new 

section: 

‘‘§ 118b. Quadrennial roles and missions review 

‘‘(a) REVIEW REQUIRED.—The Secretary of Defense shall every 

four years conduct a comprehensive assessment (to be known as 

the ‘quadrennial roles and missions review’) of the roles and missions of the armed forces and the core competencies and capabilities 

of the Department of Defense to perform and support such roles 

and missions. 

‘‘(b) INDEPENDENT MILITARY ASSESSMENT OF ROLES AND MISSIONS.—(1) In each year in which the Secretary of Defense is 

required to conduct a comprehensive assessment pursuant to subsection (a), the Chairman of the Joint Chiefs of Staff shall prepare 

and submit to the Secretary the Chairman’s assessment of the 

roles and missions of the armed forces and the assignment of 

functions to the armed forces, together with any recommendations 

for changes in assignment that the Chairman considers necessary 

to achieve maximum efficiency and effectiveness of the armed forces. 

‘‘(2) The Chairman’s assessment shall be conducted so as to— 

‘‘(A) organize the significant missions of the armed forces 

into core mission areas that cover broad areas of military 

activity; 

‘‘(B) ensure that core mission areas are defined and functions are assigned so as to avoid unnecessary duplication of 

effort among the armed forces; and 

‘‘(C) provide the Chairman’s recommendations with regard 

to issues to be addressed by the Secretary of Defense under 

subsection (c). 

‘‘(c) IDENTIFICATION OF CORE MISSION AREAS AND CORE COMPETENCIES AND CAPABILITIES.—Upon receipt of the Chairman’s 

assessment, and after giving appropriate consideration to the Chairman’s recommendations, the Secretary of Defense shall identify— 

‘‘(1) the core mission areas of the armed forces; 

‘‘(2) the core competencies and capabilities that are associated with the performance or support of a core mission area 

identified pursuant to paragraph (1); 

‘‘(3) the elements of the Department of Defense (including 

any other office, agency, activity, or command described in 

section 111(b) of this title) that are responsible for providing 

the core competencies and capabilities required to effectively 

perform the core missions identified pursuant to paragraph 

(1); 

‘‘(4) any gaps in the ability of the elements (or other office, 

agency activity, or command) of the Department of Defense 

to provide core competencies and capabilities required to effectively perform the core missions identified pursuant to paragraph (1); 

‘‘(5) any unnecessary duplication of core competencies and 

capabilities between defense components; and 


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‘‘(6) a plan for addressing any gaps or unnecessary duplication identified pursuant to paragraph (4) or paragraph (5). 

‘‘(d) REPORT.—The Secretary shall submit a report on the 

quadrennial roles and missions review to the Committees on Armed 

Services of the Senate and the House of Representatives. The report 

shall be submitted in the year following the year in which the 

review is conducted, but not later than the date on which the 

President submits the budget for the next fiscal year to Congress 

under section 1105(a) of title 31.’’. 

(b) REPEAL OF SUPERSEDED PROVISION.—Section 118(e) of title 

10, United States Code, is amended— 

(1) by striking paragraph (2); and 

(2) by redesignating paragraph (3) as paragraph (2). 

(c) TIMING OF QUADRENNIAL ROLES AND MISSIONS REVIEW.— 

(1) FIRST REVIEW.—The first quadrennial roles and missions 

review under section 118b of title 10, United States Code, 

as added by subsection (a), shall be conducted during 2008. 

(2) SUBSEQUENT REVIEWS.—Subsequent reviews shall be 

conducted every four years, beginning in 2011. 

SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL 

DUTIES RELATING TO CORE MISSION AREAS. 

(a) REVISIONS IN MISSION.—Subsection (b) of section 181 of 

title 10, United States Code, is amended to read as follows: 

‘‘(b) MISSION.—In addition to other matters assigned to it by 

the President or Secretary of Defense, the Joint Requirements Oversight Council shall— 

‘‘(1) assist the Chairman of the Joint Chiefs of Staff— 

‘‘(A) in identifying, assessing, and approving joint military requirements (including existing systems and equipment) to meet the national military strategy; and 

‘‘(B) in identifying the core mission area associated 

with each such requirement; 

‘‘(2) assist the Chairman in establishing and assigning 

priority levels for joint military requirements; 

‘‘(3) assist the Chairman in reviewing the estimated level 

of resources required in the fulfillment of each joint military 

requirement and in ensuring that such resource level is consistent with the level of priority assigned to such requirement; 

and 

‘‘(4) assist acquisition officials in identifying alternatives 

to any acquisition program that meet joint military requirements for the purposes of section 2366a(a)(4), section 2366b(b), 

and section 2433(e)(2) of this title.’’. 

(b) ADVISORS.—Section 181 of such title is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) ADVISORS.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics, the Under Secretary of Defense (Comptroller), and the Director of the Office of Program Analysis and 

Evaluation shall serve as advisors to the Council on matters within 

their authority and expertise.’’. 

(c) ORGANIZATION.—Section 181 of such title is further amended 

by inserting after subsection (d) (as inserted by subsection (b)) 

the following new subsection (e): 

10 USC 118b 

note. 


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‘‘(e) ORGANIZATION.—The Joint Requirements Oversight Council 

shall conduct periodic reviews of joint military requirements within 

a core mission area of the Department of Defense. In any such 

review of a core mission area, the officer or official assigned to 

lead the review shall have a deputy from a different military 

department.’’. 

(d) DEFINITIONS.—Section 181 of such title is further amended 

by adding at the end the following new subsection: 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘joint military requirement’ means a capability necessary to fulfill a gap in a core mission area of the 

Department of Defense. 

‘‘(2) The term ‘core mission area’ means a core mission 

area of the Department of Defense identified under the most 

recent quadrennial roles and missions review pursuant to section 118b of this title.’’. 

(e) CONSULTATION.—Section 2433(e)(2) of such title is amended 

by inserting ‘‘, after consultation with the Joint Requirements Oversight Council regarding program requirements,’’ after ‘‘Secretary 

of Defense’’ in the matter preceding subparagraph (A). 

(f) DEADLINES.—Effective June 1, 2009, all joint military 

requirements documents of the Joint Requirements Oversight 

Council produced to carry out its mission under section 181(b)(1) 

of title 10, United States Code, shall reference the core mission 

areas organized and defined under section 118b of such title. Not 

later than October 1, 2009, all such documents produced before 

June 1, 2009, shall reference such structure. 

SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS 

PRIOR TO TECHNOLOGY DEVELOPMENT. 

(a) REQUIREMENT FOR CERTIFICATION.— 

(1) IN GENERAL.—Chapter 139 of title 10, United States 

Code, is amended by inserting after section 2366a the following 

new section: 

‘‘§ 2366b. Major defense acquisition programs: certification 

required before Milestone A or Key Decision 

Point A approval 

‘‘(a) CERTIFICATION.—A major defense acquisition program may 

not receive Milestone A approval, or Key Decision Point A approval 

in the case of a space program, until the Milestone Decision 

Authority certifies, after consultation with the Joint Requirements 

Oversight Council on matters related to program requirements and 

military needs— 

‘‘(1) that the system fulfills an approved initial capabilities 

document; 

‘‘(2) that the system is being executed by an entity with 

a relevant core competency as identified by the Secretary of 

Defense under section 118b of this title; 

‘‘(3) if the system duplicates a capability already provided 

by an existing system, the duplication provided by such system 

is necessary and appropriate; and 

‘‘(4) that a cost estimate for the system has been submitted 

and that the level of resources required to develop and procure 

the system is consistent with the priority level assigned by 

the Joint Requirements Oversight Council. 

Effective date. 

10 USC 181 note. 


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‘‘(b) NOTIFICATION.—With respect to a major system certified 

by the Milestone Decision Authority under subsection (a), if the 

projected cost of the system, at any time prior to Milestone B 

approval, exceeds the cost estimate for the system submitted at 

the time of the certification by at least 25 percent, the program 

manager for the system concerned shall notify the Milestone Decision Authority. The Milestone Decision Authority, in consultation 

with the Joint Requirements Oversight Council on matters related 

to program requirements and military needs, shall determine 

whether the level of resources required to develop and procure 

the system remains consistent with the priority level assigned by 

the Joint Requirements Oversight Council. The Milestone Decision 

Authority may withdraw the certification concerned or rescind Milestone A approval (or Key Decision Point A approval in the case 

of a space program) if the Milestone Decision Authority determines 

that such action is in the interest of national defense. 

‘‘ (c)DEFINITIONS.—In this section: 

‘‘(1) The term ‘major system’ has the meaning provided 

in section 2302(5) of this title. 

‘‘(2) The term ‘initial capabilities document’ means any 

capabilities requirement document approved by the Joint 

Requirements Oversight Council that establishes the need for 

a materiel approach to resolve a capability gap. 

‘‘(3) The term ‘technology development program’ means a 

coordinated effort to assess technologies and refine user 

performance parameters to fulfill a capability gap identified 

in an initial capabilities document. 

‘‘(4) The term ‘entity’ means an entity listed in section 

125a(a) of this title. 

‘‘(5) The term ‘Milestone B approval’ has the meaning provided that term in section 2366(e)(7) of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2366b. Major defense acquisition programs: certification required before Milestone 

A or Key Decision Point A approval.’’. 

(b) REVIEW OF DEPARTMENT OF DEFENSE ACQUISITION DIRECTIVES.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Defense shall review Department 

of Defense Directive 5000.1 and associated guidance, and the 

manner in which such directive and guidance have been implemented, and take appropriate steps to ensure that the Department 

does not commence a technology development program for a major 

weapon system without Milestone A approval (or Key Decision 

Point A approval in the case of a space program). 

(c) EFFECTIVE DATE.—Section 2366b of title 10, United States 

Code, as added by subsection (a), shall apply to major systems 

on and after March 1, 2008. 

SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY 

CORE MISSION AREA. 

(a) TIME OF SUBMISSION OF FUTURE-YEARS MISSION BUDGET.— 

The second sentence of section 222(a) of title 10, United States 

Code, is amended to read as follows: ‘‘That budget shall be submitted for any fiscal year with the future-years defense program 

submitted under section 221 of this title.’’. 

Applicability. 

10 USC 2366b 

note. 

10 USC 2366b 

note. 

Deadline. 


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(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. 

Subtitle F—Other Matters 

SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF 

CLIMATE CHANGE ON DEPARTMENT FACILITIES, 

CAPABILITIES, AND MISSIONS. 

(a) CONSIDERATION OF CLIMATE CHANGE EFFECT.—Section 118 

of title 10, United States Code, is amended by adding at the end 

the following new subsection: 

‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE CHANGE ON

DEPARTMENT FACILITIES, CAPABILITIES, AND MISSIONS.—(1) The 

first national security strategy and national defense strategy prepared after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008 shall include guidance for 

military planners— 

‘‘(A) to assess the risks of projected climate change to 

current and future missions of the armed forces; 

‘‘(B) to update defense plans based on these assessments, 

including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant 

research and development; and 

‘‘(C) to develop the capabilities needed to reduce future 

impacts. 

‘‘(2) The first quadrennial defense review prepared after the 

date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2008 shall also examine the capabilities of the 

armed forces to respond to the consequences of climate change, 

in particular, preparedness for natural disasters from extreme 

weather events and other missions the armed forces may be asked 

to support inside the United States and overseas. 

‘‘(3) For planning purposes to comply with the requirements 

of this subsection, the Secretary of Defense shall use— 

‘‘(A) the mid-range projections of the fourth assessment 

report of the Intergovernmental Panel on Climate Change; 

‘‘(B) subsequent mid-range consensus climate projections 

if more recent information is available when the next national 

security strategy, national defense strategy, or quadrennial 

defense review, as the case may be, is conducted; and 

‘‘(C) findings of appropriate and available estimations or 

studies of the anticipated strategic, social, political, and economic effects of global climate change and the implications 

of such effects on the national security of the United States. 

‘‘(4) In this subsection, the term ‘national security strategy’ 

means the annual national security strategy report of the President 

under section 108 of the National Security Act of 1947 (50 U.S.C. 

404a).’’. 

Applicability. 

10 USC 222 note. 


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(b) IMPLEMENTATION.—The Secretary of Defense shall ensure 

that subsection (g) of section 118 of title 10, United States Code, 

as added by subsection (a), is implemented in a manner that does 

not have a negative impact on the national security of the United 

States. 

SEC. 952. 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 improve and reform the Department of Defense’s participation in and contribution to the interagency coordination process on national security issues. 

(b) ELEMENTS.—The elements of the plan shall include the 

following: 

(1) Assigning either the Under Secretary of Defense for 

Policy or another official to be the lead policy official for 

improving and reforming the interagency coordination process 

on national security issues for the Department of Defense, 

with an explanation of any decision to name an official other 

than the Under Secretary and the relative advantages and 

disadvantages of such decision. 

(2) Giving the official assigned under paragraph (1) the 

following responsibilities: 

(A) To be the lead person at the Department of Defense 

for the development of policy affecting the national security 

interagency process. 

(B) To serve, or designate a person to serve, as the 

representative of the Department of Defense in Federal 

Government forums established to address interagency 

policy, planning, or reforms. 

(C) To advocate, on behalf of the Secretary, for greater 

interagency coordination and contributions in the execution 

of the National Security Strategy and particularly specific 

operational objectives undertaken pursuant to that 

strategy. 

(D) To make recommendations to the Secretary of 

Defense on changes to existing Department of Defense 

regulations or laws to improve the interagency process. 

(E) To serve as the coordinator for all planning and 

training assistance that is— 

(i) designed to improve the interagency process 

or the capabilities of other agencies to work with the 

Department of Defense; and 

(ii) provided by the Department of Defense at the 

request of other agencies. 

(F) To serve as the lead official in Department of 

Defense for the development of deployable joint interagency 

task forces. 

(c) FACTORS TO BE CONSIDERED.—In drafting the plan, the 

Secretary of Defense shall also consider the following factors: 

(1) How the official assigned under subsection (b)(1) shall 

provide input to the Secretary of Defense on an ongoing basis 

on how to incorporate the need to coordinate with other agencies 

into the establishment and reform of combatant commands. 

(2) How such official shall develop and make recommendations to the Secretary of Defense on a regular or an ongoing 

Deadline. 

10 USC 111 note. 

10 USC 118 note. 


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basis on changes to military and civilian personnel to improve 

interagency coordination. 

(3) How such official shall work with the combatant command that has the mission for joint warfighting experimentation and other interested agencies to develop exercises to 

test and validate interagency planning and capabilities. 

(4) How such official shall lead, coordinate, or participate 

in after-action reviews of operations, tests, and exercises to 

capture lessons learned regarding the functioning of the interagency process and how those lessons learned will be disseminated. 

(5) The role of such official in ensuring that future defense 

planning guidance takes into account the capabilities and needs 

of other agencies. 

(d) RECOMMENDATION ON CHANGES IN LAW.—The Secretary 

of Defense may submit with the plan or with any future budget 

submissions recommendations for any changes to law that are 

required to enhance the ability of the official assigned under subsection (b)(1) in the Department of Defense to coordinate defense 

interagency efforts or to improve the ability of the Department 

of Defense to work with other agencies. 

(e) ANNUAL REPORT.—If an official is named by the Secretary 

of Defense under subsection (b)(1), the official shall annually submit 

to Congress a report, beginning in the fiscal year following the 

naming of the official, on those actions taken by the Department 

of Defense to enhance national security interagency coordination, 

the views of the Department of Defense on efforts and challenges 

in improving the ability of agencies to work together, and suggestions on changes needed to laws or regulations that would enhance 

the coordination of efforts of agencies. 

(f) DEFINITION.—In this section, the term ‘‘interagency coordination’’, within the context of Department of Defense involvement, 

means the coordination that occurs between elements of the Department of Defense and engaged Federal Government agencies for 

the purpose of achieving an objective. 

(g) CONSTRUCTION.—Nothing in this provision shall be construed as preventing the Secretary of Defense from naming an 

official with the responsibilities listed in subsection (b) before the 

submission of the report required under this section. 

SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE 

AGREEMENTS UNDER NATIONAL SECURITY EDUCATION 

PROGRAM. 

Paragraph (2) of subsection (b) of section 802 of the David 

L. Boren National Security Education Act of 1991 (50 U.S.C. 1902), 

as most recently amended by section 945 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2367), is amended— 

(1) in subparagraph (A)— 

(A) in clause (i) by striking ‘‘or’’ at the end; and 

(B) by adding at the end the following: 

‘‘(iii) for not less than one academic year in a 

position in the field of education in a discipline related 

to the study supported by the program if the recipient 

demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and 

offices covered by clauses (i) and (ii); or’’; and 


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(2) in subparagraph (B)— 

(A) in clause (i) by striking ‘‘or’’ at the end; 

(B) in clause (ii) by striking ‘‘and’’ at the end and 

inserting ‘‘or’’; and 

(C) by adding at the end the following: 

‘‘(iii) for not less than one academic year in a 

position in the field of education in a discipline related 

to the study supported by the program if the recipient 

demonstrates to the Secretary of Defense that no position is available in the departments, agencies, and 

offices covered by clauses (i) and (ii); and’’. 

SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES 

UNIVERSITY OF THE HEALTH SCIENCES. 

(a) REORGANIZATION AND AMENDMENT OF BOARD OF REGENTS

PROVISIONS.— (1) IN GENERAL.—Chapter 104 of title 10, United States 

Code, is amended by inserting after section 2113 the following 

new section: 

‘‘§ 2113a. Board of Regents 

‘‘(a) IN GENERAL.—To assist the Secretary of Defense in an 

advisory capacity, there is a Board of Regents of the University. 

‘‘(b) MEMBERSHIP.—The Board shall consist of— 

‘‘(1) nine persons outstanding in the fields of health and 

health education who shall be appointed from civilian life by 

the Secretary of Defense; 

‘‘(2) the Secretary of Defense, or his designee, who shall 

be an ex officio member; 

‘‘(3) the surgeons general of the uniformed services, who 

shall be ex officio members; and 

‘‘(4) the President of the University, who shall be a nonvoting ex officio member. 

‘‘(c) TERM OF OFFICE.—The term of office of each member of 

the Board (other than ex officio members) shall be six years except 

that— 

‘‘(1) any member appointed to fill a vacancy occurring before 

the expiration of the term for which his predecessor was 

appointed shall be appointed for the remainder of such term; 

and 

‘‘(2) any member whose term of office has expired shall 

continue to serve until his successor is appointed. 

‘‘(d) CHAIRMAN.—One of the members of the Board (other than 

an ex officio member) shall be designated by the Secretary as 

Chairman. He shall be the presiding officer of the Board. 

‘‘(e) COMPENSATION.—Members of the Board (other than ex 

officio members) while attending conferences or meetings or while 

otherwise performing their duties as members shall be entitled 

to receive compensation at a rate to be fixed by the Secretary 

and shall also be entitled to receive an allowance for necessary 

travel expenses while so serving away from their place of residence. 

‘‘(f) MEETINGS.—The Board shall meet at least once a quarter.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2113a. Board of Regents.’’. 


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(3) CONFORMING AMENDMENTS.— (A) Section 2113 of title 10, United States Code, is 

amended— 

(i) in subsection (a), by striking ‘‘To assist’’ and 

all that follows through the end of paragraph (4); 

(ii) by striking subsections (b), (c), and (e); 

(iii) by redesignating subsections (d), (f), (g), (h), 

(i), and (j) as subsections (b), (c), (d), (e), (f), and (g), 

respectively; and 

(iv) in subsection (b), as so redesignated, by 

striking ‘‘who shall also serve as a nonvoting ex officio 

member of the Board’’. 

(B) Section 2114(h) of such title is amended by striking 

‘‘2113(h)’’ and inserting ‘‘2113(e)’’. 

(b) STATUTORY REDESIGNATION OF DEAN AS PRESIDENT.— (1) Subsection 2113 of such title is further amended by 

striking ‘‘Dean’’ each place it appears in subsections (b) and 

(c)(1), as redesignated by subsection (a)(3), and inserting ‘‘President’’. 

(2) Section 2114(e) of such title is amended by striking 

‘‘Dean’’ each place it appears in paragraphs (3) and (5). 

SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL 

OF NURSING. 

(a) ESTABLISHMENT PLAN REQUIRED.—Not later than February 

1, 2008, the Secretary of Defense shall submit to the congressional 

defense committees a plan to establish a School of Nursing within 

the Uniformed Services University of the Health Sciences. The 

Secretary shall develop the plan in consultation with the Board 

of Regents of the Uniformed Services University of the Health 

Sciences and submit the plan to the Board of Regents for review 

and to solicit the Board’s recommendations. 

(b) PROGRAMS OF INSTRUCTION.—In consultation with the Secretaries of the military departments, the Secretary of Defense shall 

include in the plan required by subsection (a) programs of instruction for the School of Nursing that would lead to the award of 

a bachelor of science in nursing and such other baccalaureate or 

graduate degrees in nursing as the Secretary considers appropriate. 

The plan shall also address the enrollment as students of enlisted 

members and officers of the Armed Forces and civilians for the 

purpose of commissioning them as military nursing officers upon 

graduation. The graduates of such a program of instruction shall 

be fully eligible to meet credentialing and licensing requirements 

of the military departments and at least one State in their program 

of study. 

(c) CONSIDERATION OF CERTAIN PROGRAMS.—In developing the 

plan under subsection (a), the Secretary shall consider the inclusion 

of the following types of programs: 

(1) A program to enroll students who already possess an 

associate degree in nursing so that they can earn a bachelor 

of science in nursing. 

(2) A program to enroll students who already possess other 

associate degrees so that they can earn a bachelor of science 

in nursing. 

(3) A program to enroll students who already possess an 

associate degree in nursing so that they can earn a master 

of science in nursing. 

Deadline. 

10 USC 2117 

note. 


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(4) A program to enroll students who already possess a 

bachelor of science in nursing so that they can earn a master 

of science in nursing. 

(d) OTHER CONSIDERATIONS.—The plan required by subsection 

(a) shall also include the following: 

(1) The results of a study of the nursing shortage in the 

Department of Defense and the reasons for such shortages. 

(2) Details of the curriculum and degree requirements for 

each category of students at the School of Nursing, if established. 

(3) An analysis of the contributions to overall medical readiness that will be made by the School of Nursing. 

(4) Proposals for the development of the School of Nursing 

to be phased in over a period of time. 

(5) Faculty requirements based on degree requirements 

and numbers of projected students, to include the source and 

number of faculty required. 

(6) Projected number of graduates per year for each of 

the first 15 years of operation. 

(7) Predicted accession sources, military career paths, and 

service commitments and retention rates of School of Nursing 

graduates, to include the retention of enlisted personnel 

accessed into the school. 

(8) Administrative and instructional facilities required, and 

the likely initial and final location of clinical training institutions. 

(9) Plan for accreditation by a nationally recognized nursing 

school accrediting body. 

(10) Projected faculty, administration, instruction, and 

facilities costs for the School of Nursing beginning in fiscal 

year 2009 and continuing through fiscal year 2024, including 

the cost analysis of developing the School of Nursing and the 

cost of additional administrative support for the Uniformed 

Services University of the Health Sciences on account of the 

establishment of the school. 

(e) EFFECT ON CURRENT PROGRAMS.—Notwithstanding the 

development of the plan under subsection (a), the Secretary shall 

ensure that graduate degree programs in nursing, including 

advanced practice nursing, continue. 

(f) EFFECT ON OTHER RECRUITMENT EFFORTS.—Nothing in this 

section shall be construed as limiting or terminating any current 

or future program related to the recruitment, accession, training, 

or retention of military nurses. 

(g) ESTABLISHMENT AUTHORITY.— 

(1) ESTABLISHMENT.—Chapter 104 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2117. School of Nursing 

‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 

may establish a School of Nursing within the University. The School 

of Nursing may include a program that awards a bachelor of science 

in nursing. 

‘‘(b) PHASED DEVELOPMENT.—The School of Nursing may be 

developed in phases as determined appropriate by the Secretary.’’. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2117. School of Nursing.’’. 

SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE 

COMBATANT COMMANDS IN BOARD OF VISITORS OF 

WESTERN HEMISPHERE INSTITUTE FOR SECURITY 

COOPERATION. 

Subparagraph (F) of section 2166(e)(1) of title 10, United States 

Code, is amended to read as follows: 

‘‘(F) The commanders of the combatant commands having 

geographic responsibility for the Western Hemisphere, or the 

designees of those officers.’’. 

SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION 

OF THE OFFICE OF THE UNDER SECRETARY OF DEFENSE 

FOR POLICY. 

(a) ASSESSMENT REQUIRED.—Not later than June 1, 2008, the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report containing an assessment 

of the most recent reorganization of the office of the Under Secretary 

of Defense for Policy, including an assessment with respect to 

the matters set forth in subsection (b). 

(b) MATTERS TO BE ASSESSED.—The matters to be included 

in the assessment required by subsection (a) are as follows: 

(1) The manner in which the reorganization of the office 

furthers, or will further, its stated purposes in the short-term 

and long-term, including the manner in which the reorganization enhances, or will enhance, the ability of the Department 

of Defense— 

(A) to address current security priorities, including 

on-going military operations in Iraq, Afghanistan, and elsewhere; 

(B) to manage geopolitical defense relationships; and 

(C) to anticipate future strategic shifts in those relationships. 

(2) The manner in which and the extent to which the 

reorganization adheres to generally accepted principles of effective organization, such as establishing clear goals, identifying 

clear lines of authority and accountability, and developing an 

effective human capital strategy. 

(3) The extent to which the Department has developed 

detailed implementation plans for the reorganization, and the 

current status of the implementation of all aspects of the reorganization. 

(4) The extent to which the Department has worked to 

mitigate congressional concerns and address other challenges 

that have arisen since the reorganization was announced. 

(5) The manner in which the Department plans to evaluate 

progress in achieving the stated goals of the reorganization 

and what measurements, if any, the Department has established to assess the results of the reorganization. 

(6) The impact of the large increase in responsibilities 

for the Assistant Secretary of Defense for Special Operations 

and Low Intensity Conflict and Interdependent Capabilities 

Deadline. 

Reports. 


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under the reorganization on the ability of the Assistant Secretary to carry out the principal duties of the Assistant Secretary under law. 

(7) The possible decrease in attention given to special operations issues resulting from the increase in responsibilities 

for the Assistant Secretary of Defense for Special Operations 

and Low Intensity Conflict and Interdependent Capabilities, 

including responsibility under the reorganization for each of 

the following: 

(A) Strategic capabilities. 

(B) Forces transformation. 

(C) Major budget programs. 

(8) The possible diffusion of attention from counternarcotics, counterproliferation, and global threat issues 

resulting from the merging of those responsibilities under a 

single Deputy Assistant Secretary of Defense for Counternarcotics, Counterproliferation, and Global Threats. 

(9) The impact of the reorganization on counternarcotics 

program execution. 

(10) The unique placement under the reorganization of 

both functional and regional issue responsibilities under the 

Assistant Secretary of Defense for Homeland Defense and 

Americas’ Security Affairs. 

(11) The differentiation between the responsibilities of the 

Deputy Assistant Secretary of Defense for Partnership Strategy 

and the Deputy Assistant Secretary of Defense for Coalition 

Affairs and the relationship between such officials. 

SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY. 

(a) IN GENERAL.—Not later than 240 days after the date of 

the enactment of this Act, and annually thereafter until the date 

referred to in subsection (d), the Secretary of Defense, in conjunction 

with the Secretary of each military department, shall submit to 

the congressional defense committees a report on the foreign language proficiency of the personnel of the Department of Defense. 

(b) CONTENTS.—Each report submitted under subsection (a) 

shall include— 

(1) the number of positions, identified by each foreign language and dialect, for each military department and Defense 

Agency concerned that— 

(A) require proficiency in that foreign language or dialect for the year in which the submission of the report 

is required; 

(B) are anticipated to require proficiency in that foreign 

language or dialect for each of the five years following 

the date of the submission of the report; and 

(C) are authorized in the future-years defense plan 

to be maintained for proficiency in a foreign language or 

dialect; 

(2) the number of personnel for each military department 

and Defense Agency, identified by each foreign language and 

dialect, that are serving in a position that requires proficiency 

in the foreign language or dialect— 

(A) to perform the primary duty of the position; and 

(B) that meet the required level of proficiency of the 

Interagency Language Roundtable; 


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(3) the number of personnel for each military department 

and Defense Agency, identified by each foreign language and 

dialect, that are recruited or hired as accessions to serve in 

a position that requires proficiency in the foreign language 

or dialect; 

(4) the number of personnel for each military department 

and Defense Agency, identified by each foreign language and 

dialect, that served in a position that requires proficiency in 

the foreign language or dialect and discontinued service during 

the preceding calendar year; 

(5) the number of positions that require proficiency in 

a foreign language or dialect that are fulfilled by contractors; 

(6) the percentage of work requiring linguistic skills that 

is fulfilled by personnel of the intelligence community (as 

defined in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 401a(4))); and 

(7) an assessment of the foreign language capacity and 

capabilities of each military department and Defense Agency 

and of the Department of Defense as a whole. 

(c) NON-MILITARY PERSONNEL.—Except as provided in paragraphs (6) and (7) of subsection (b), a report submitted under 

subsection (a) shall cover only members of the Armed Forces on 

active duty and reserve duty assigned to the military departments 

concerned or to the Department of Defense. 

(d) TERMINATION OF REQUIREMENT.—The duty to submit a 

report under subsection (a) shall terminate on December 31, 2013. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 

year 2008. 

Sec. 1003. Authorization of additional emergency supplemental appropriations for 

fiscal year 2007. 

Sec. 1004. Modification of fiscal year 2007 general transfer authority. 

Sec. 1005. Financial management transformation initiative for the Defense Agencies. 

Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 

Defense. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Limitation on leasing of vessels. 

Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1022. Expansion of authority to provide additional support for counter-drug activities in certain foreign countries. 

Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 

Subtitle D—Miscellaneous Authorities and Limitations 

Sec. 1031. Provision of Air Force support and services to foreign military and state 

aircraft. 

Sec. 1032. Department of Defense participation in Strategic Airlift Capability Partnership. 

Sec. 1033. Improved authority to provide rewards for assistance in combating terrorism. 

Sec. 1034. Support for non-Federal development and testing of material for chemical agent defense. 


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Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 

Subtitle E—Reports 

Sec. 1041. Extension and modification of report relating to hardened and deeply 

buried targets. 

Sec. 1042. Report on joint modeling and simulation activities. 

Sec. 1043. Renewal of submittal of plans for prompt global strike capability. 

Sec. 1044. Report on workforce required to support the nuclear missions of the 

Navy and the Department of Energy. 

Sec. 1045. Comptroller General report on Defense Finance and Accounting Service 

response to Butterbaugh v. Department of Justice. 

Sec. 1046. Study on size and mix of airlift force. 

Sec. 1047. Report on feasibility of establishing a domestic military aviation national 

training center. 

Sec. 1048. Limited field user evaluations for combat helmet pad suspension systems. 

Sec. 1049. Study on national security interagency system. 

Sec. 1050. Report on solid rocket motor industrial base. 

Sec. 1051. Reports on establishment of a memorial for members of the Armed 

Forces who died in the air crash in Bakers Creek, Australia, and establishment of other memorials in Arlington National Cemetery. 

Subtitle F—Other Matters 

Sec. 1061. Reimbursement for National Guard support provided to Federal agencies. 

Sec. 1062. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1063. Technical and clerical amendments. 

Sec. 1064. Repeal of certification requirement. 

Sec. 1065. Maintenance of capability for space-based nuclear detection. 

Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo 

Bay, Cuba. 

Sec. 1067. A report on transferring individuals detained at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating to 

use of Armed Forces in major public emergencies. 

Sec. 1069. Standards required for entry to military installations in United States. 

Sec. 1070. Revised nuclear posture review. 

Sec. 1071. Termination of Commission on the Implementation of the New Strategic 

Posture of the United States. 

Sec. 1072. Security clearances; limitations. 

Sec. 1073. Improvements in the process for the issuance of security clearances. 

Sec. 1074. Protection of certain individuals. 

Sec. 1075. Modification of authorities on Commission to Assess the Threat to the 

United States from Electromagnetic Pulse Attack. 

Sec. 1076. Sense of Congress on Small Business Innovation Research Program. 

Sec. 1077. Revision of proficiency flying definition. 

Sec. 1078. Qualifications for public aircraft status of aircraft under contract with 

the Armed Forces. 

Sec. 1079. Communications with the Committees on Armed Services of the Senate 

and the House of Representatives. 

Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection 

services. 

Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the 

Air Force. 

Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil 

authorities after certain incidents. 

Sec. 1083. Terrorism exception to immunity. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2008 between any such authorizations for that fiscal 


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year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$5,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 

BUDGETS IN FISCAL YEAR 2008. 

(a) FISCAL YEAR 2008 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2008 for the commonfunded 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). 


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(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term 

‘‘fiscal year 1998 baseline limitation’’ means the maximum 

annual amount of Department of Defense contributions for 

common-funded budgets of NATO that is set forth as the annual 

limitation in section 3(2)(C)(ii) of the resolution of the Senate 

giving the advice and consent of the Senate to the ratification 

of the Protocols to the North Atlantic Treaty of 1949 on the 

Accession of Poland, Hungary, and the Czech Republic (as 

defined in section 4(7) of that resolution), approved by the 

Senate on April 30, 1998. 

SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2007. 

Amounts authorized to be appropriated to the Department of 

Defense for fiscal year 2007 in the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364) are 

hereby adjusted, with respect to any such authorized amount, by 

the amount by which appropriations pursuant to such authorization 

are increased by a supplemental appropriation or by a transfer 

of funds, or decreased by a rescission, or any thereof, pursuant 

to the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 

and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 

28). 

SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER 

AUTHORITY. 

Section 1001(a) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2371) is amended by adding at the end the following new 

paragraph: 

‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.—The following 

transfers of funds shall be not be counted toward the limitation 

in paragraph (2) on the amount that may be transferred under 

this section: 

‘‘(A) The transfer of funds to the Iraq Security Forces 

Fund under reprogramming FY07–07–R PA. 

‘‘(B) The transfer of funds to the Joint Improvised 

Explosive Device Defeat Fund under reprogramming FY07– 

11 PA. 

‘‘(C) The transfer of funds back from the accounts 

referred to in subparagraphs (A) and (B) to restore the 

sources used in the reprogrammings referred to in such 

subparagraphs.’’. 

SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE 

FOR THE DEFENSE AGENCIES. 

(a) FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE.— 

(1) IN GENERAL.—The Director of the Business Transformation Agency of the Department of Defense shall carry 

out an initiative for financial management transformation in 

the Defense Agencies. The initiative shall be known as the 

‘‘Defense Agencies Initiative’’ (in this section referred to as 

the ‘‘Initiative’’). 

(2) SCOPE OF AUTHORITY.—In carrying out the Initiative, 

the Director of the Business Transformation Agency may 

require the heads of the Defense Agencies to carry out actions 

that are within the purpose and scope of the Initiative. 

(b) PURPOSES.—The purposes of Initiative shall be as follows: 

10 USC 2222 

note. 


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(1) To eliminate or replace financial management systems 

of the Defense Agencies that are duplicative, redundant, or 

fail to comply with the standards set forth in subsection (d). 

(2) To transform the budget, finance, and accounting operations of the Defense Agencies to enable the Defense Agencies 

to achieve accurate and reliable financial information needed 

to support financial accountability and effective and efficient 

management decisions. 

(c) REQUIRED ELEMENTS.—The Initiative shall include, to the 

maximum extent practicable— 

(1) the utilization of commercial, off-the-shelf technologies 

and web-based solutions; 

(2) a standardized technical environment and an open and 

accessible architecture; and 

(3) the implementation of common business processes, 

shared services, and common data structures. 

(d) STANDARDS.—In carrying out the Initiative, the Director 

of the Business Transformation Agency shall ensure that the Initiative is consistent with— 

(1) the requirements of the Business Enterprise Architecture and Transition Plan developed pursuant to section 2222 

of title 10, United States Code; 

(2) the Standard Financial Information Structure of the 

Department of Defense; 

(3) the Federal Financial Management Improvement Act 

of 1996 (and the amendments made by that Act); and 

(4) other applicable requirements of law and regulation. 

(e) SCOPE.—The Initiative shall be designed to provide, at a 

minimum, capabilities in the major process areas for both general 

fund and working capital fund operations of the Defense Agencies 

as follows: 

(1) Budget formulation. 

(2) Budget to report, including general ledger and trial 

balance. 

(3) Procure to pay, including commitments, obligations, 

and accounts payable. 

(4) Order to fulfill, including billing and accounts receivable. 

(5) Cost accounting. 

(6) Acquire to retire (account management). 

(7) Time and attendance and employee entitlement. 

(8) Grants financial management. 

(f) CONSULTATION.—In carrying out subsections (d) and (e), 

the Director of the Business Transformation Agency shall consult 

with the Comptroller of the Department of Defense to ensure that 

any financial management systems developed for the Defense Agencies, and any changes to the budget, finance, and accounting operations of the Defense Agencies, are consistent with the financial 

standards and requirements of the Department of Defense. 

(g) PROGRAM CONTROL.—In carrying out the Initiative, the 

Director of the Business Transformation Agency shall establish— 

(1) a board (to be known as the ‘‘Configuration Control 

Board’’) to manage scope and cost changes to the Initiative; 

and 

(2) a program management office (to be known as the 

‘‘Program Management Office’’) to control and enforce assumptions made in the acquisition plan, the cost estimate, and 

Establishment. 


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the system integration contract for the Initiative, as directed 

by the Configuration Control Board. 

(h) PLAN ON DEVELOPMENT AND IMPLEMENTATION OF INITIATIVE.—Not later than six months after the date of the enactment 

of this Act, the Director of the Business Transformation Agency 

shall submit to the congressional defense committees a plan for 

the development and implementation of the Initiative. The plan 

shall provide for the implementation of an initial capability under 

the Initiative as follows: 

(1) In at least one Defense Agency by not later than eight 

months after the date of the enactment of this Act. 

(2) In not less than five Defense Agencies by not later 

than 18 months after the date of the enactment of this Act. 

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

FOR THE DEPARTMENT OF DEFENSE. 

Section 1405 of the Department of Defense Authorization Act, 

1986 (Public Law 99–145; 99 Stat. 744; 31 U.S.C. 1105 note) is 

repealed. 

Subtitle B—Policy Relating to Vessels and 

Shipyards 

SEC. 1011. LIMITATION ON LEASING OF VESSELS. 

Section 2401 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(h) The Secretary of a military department may make a contract for the lease of a vessel or for the provision of a service 

through use by a contractor of a vessel, the term of which is 

for a period of greater than two years, but less than five years, 

only if— 

‘‘(1) the Secretary has notified the Committee on Armed 

Services and the Committee on Appropriations of the Senate 

and the Committee on Armed Services and the Committee 

on Appropriations of the House of Representatives of the proposed contract and included in such notification— 

‘‘(A) a detailed description of the terms of the proposed 

contract and a justification for entering into the proposed 

contract rather than obtaining the capability provided for 

by the lease, charter, or services involved through purchase 

of the vessel; 

‘‘(B) a determination that entering into the proposed 

contract as a means of obtaining the vessel is the most 

cost-effective means of obtaining such vessel; and 

‘‘(C) a plan for meeting the requirement provided by 

the proposed contract upon completion of the term of the 

lease contract; and 

‘‘(2) a period of 30 days of continuous session of Congress 

has expired following the date on which notice was received 

by such committees.’’. 

SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 

THE STRIKE FORCES OF THE UNITED STATES NAVY. 

(a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is the policy 

of the United States to construct the major combatant vessels 

Notification. 

Deadlines. 


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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’’. 

SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES IN CERTAIN FOREIGN COUNTRIES. 

Subsection (b) of section 1033 of the National Defense 

Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 

Stat. 1881), as amended by section 1021(b) of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 108–136, 117 

Stat. 1593) and section 1022(b) of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2382), is further amended by adding at the end 

the following new paragraphs: 

‘‘(17) The Government of Mexico. 

‘‘(18) The Government of the Dominican Republic.’’. 

Notification. 


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SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE 

GOVERNMENT OF HAITI. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the President shall submit to Congress 

a report on counternarcotics assistance for the Government of Haiti. 

(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following: 

(1) A description and assessment of the counternarcotics 

assistance provided to the Government of Haiti by the Department of Defense, the Department of State, the Department 

of Homeland Security, and the Department of Justice. 

(2) A description and assessment of any impediments to 

increasing counternarcotics assistance to the Government of 

Haiti. 

(3) An assessment of the potential for the provision of 

counternarcotics assistance for the Government of Haiti 

through the United Nations Stabilization Mission in Haiti. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

Subtitle D—Miscellaneous Authorities and 

Limitations 

SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO 

FOREIGN MILITARY AND STATE AIRCRAFT. 

(a) PROVISION OF SUPPORT AND SERVICES.— 

(1) IN GENERAL.—Section 9626 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 9626. Aircraft supplies and services: foreign military or 

other state aircraft 

‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON REIMBURSABLE

BASIS.—(1) The Secretary of the Air Force may, under such regulations as the Secretary may prescribe and when in the best interests 

of the United States, provide any of the supplies or services 

described in paragraph (2) to military and other state aircraft 

of a foreign country, on a reimbursable basis without an advance 

of funds, if similar supplies and services are furnished on a like 

basis to military aircraft and other state aircraft of the United 

States by the foreign country concerned. 

‘‘(2) The supplies and services described in this paragraph 

are supplies and services as follows: 

‘‘(A) Routine airport services, including landing and takeoff 

assistance, servicing aircraft with fuel, use of runways, parking 

and servicing, and loading and unloading of baggage and cargo. 

‘‘(B) Miscellaneous supplies, including Air Force-owned fuel, 

provisions, spare parts, and general stores, but not including 

ammunition. 

‘‘(b) PROVISION OF ROUTINE AIRPORT SERVICES ON NONREIMBURSABLE BASIS.—(1) Routine airport services may be provided 

under this section at no cost to a foreign country— 

‘‘(A) if such services are provided by Air Force personnel 

and equipment without direct cost to the Air Force; or 

President. 


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‘‘(B) if such services are provided under an agreement 

with the foreign country that provides for the reciprocal furnishing by the foreign country of routine airport services, as 

defined in that agreement, to military and other state aircraft 

of the United States without reimbursement. 

‘‘(2) If routine airport services are provided under this section 

by a working-capital fund activity of the Air Force under section 

2208 of this title and such activity is not reimbursed directly for 

the costs incurred by the activity in providing such services by 

reason of paragraph (1)(B), the working-capital fund activity shall 

be reimbursed for such costs out of funds currently available to 

the Air Force for operation and maintenance.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 939 of such title is amended by striking 

the item relating to section 9626 and inserting the following 

new item: 

‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’. 

(b) CONFORMING AMENDMENT.—Section 9629(3) of such title 

is amended by striking ‘‘for aircraft of a foreign military or air 

attache ́’’. 

SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC 

AIRLIFT CAPABILITY PARTNERSHIP. 

(a) AUTHORITY TO PARTICIPATE IN PARTNERSHIP.— 

(1) MEMORANDUM OF UNDERSTANDING.—The Secretary of 

Defense may enter into a multilateral memorandum of understanding authorizing the Strategic Airlift Capability Partnership to conduct activities necessary to accomplish its purpose, 

including— 

(A) the acquisition, equipping, ownership, and operation of strategic airlift aircraft; and 

(B) the acquisition or transfer of airlift and airliftrelated services and supplies among members of the Strategic Airlift Capability Partnership, or between the Partnership and non-member countries or international 

organizations, on a reimbursable basis or by replacementin-kind or exchange of airlift or airlift-related services of 

an equal value. 

(2) PAYMENTS.—From funds available to the Department 

of Defense for such purpose, the Secretary of Defense may 

pay the United States equitable share of the recurring and 

non-recurring costs of the activities and operations of the Strategic Airlift Capability Partnership, including costs associated 

with procurement of aircraft components and spare parts, 

maintenance, facilities, and training, and the costs of claims. 

(b) AUTHORITIES UNDER PARTNERSHIP.—In carrying out the 

memorandum of understanding entered into under subsection (a), 

the Secretary of Defense may do the following: 

(1) Waive reimbursement of the United States for the cost 

of the following functions performed by Department of Defense 

personnel with respect to the Strategic Airlift Capability Partnership: 

(A) Auditing. 

(B) Quality assurance. 

(C) Inspection. 

(D) Contract administration. 


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(E) Acceptance testing. 

(F) Certification services. 

(G) Planning, programming, and management services. 

(2) Waive the imposition of any surcharge for administrative services provided by the United States that would otherwise be chargeable against the Strategic Airlift Capability Partnership. 

(3) Pay the salaries, travel, lodging, and subsistence 

expenses of Department of Defense personnel assigned for duty 

to the Strategic Airlift Capability Partnership without seeking 

reimbursement or cost-sharing for such expenses. 

(c) CREDITING OF RECEIPTS.—Any amount received by the 

United States in carrying out the memorandum of understanding 

entered into under subsection (a) shall be credited, as elected by 

the Secretary of Defense, to the following: 

(1) The appropriation, fund, or account used in incurring 

the obligation for which such amount is received. 

(2) An appropriation, fund, or account currently providing 

funds for the purposes for which such obligation was made. 

(d) AUTHORITY TO TRANSFER AIRCRAFT.— 

(1) TRANSFER AUTHORITY.—The Secretary of Defense may 

transfer one strategic airlift aircraft to the Strategic Airlift 

Capability Partnership in accordance with the terms and conditions of the memorandum of understanding entered into under 

subsection (a). 

(2) REPORT.—Not later than 30 days before the date on 

which the Secretary transfers a strategic airlift aircraft under 

paragraph (1), the Secretary shall submit to the congressional 

defense committees a report on the strategic airlift aircraft 

to be transferred, including the type of strategic airlift aircraft 

to be transferred and the tail registration or serial number 

of such aircraft. 

(e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP DEFINED.—In 

this section the term ‘‘Strategic Airlift Capability Partnership’’ 

means the strategic airlift capability consortium established by 

the United States and other participating countries. 

SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSISTANCE IN COMBATING TERRORISM. 

(a) INCREASED AMOUNTS.—Section 127b of title 10, United 

States Code, is amended— 

(1) in subsection (b), by striking ‘‘$200,000’’ and inserting 

‘‘$5,000,000’’; 

(2) in subsection (c)(1)(B), by striking ‘‘$50,000’’ and 

inserting ‘‘$1,000,000’’; and 

(3) in subsection (d)(2), by striking ‘‘$100,000’’ and inserting 

‘‘$2,000,000’’. 

(b) INVOLVEMENT OF ALLIED FORCES.—Such section is further 

amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by inserting 

after ‘‘United States Government personnel’’ the following: 

‘‘, or government personnel of allied forces participating 

in a combined operation with the armed forces,’’; 

(B) in paragraph (1), by inserting after ‘‘armed forces’’ 

the following: ‘‘, or of allied forces participating in a combined operation with the armed forces,’’; and 


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(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, 2009. 

‘‘(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. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING 

OF MATERIAL FOR CHEMICAL AGENT DEFENSE. 

(a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR PRECURSORS.— 

(1) IN GENERAL.—The Secretary of Defense, in coordination 

with the heads of other elements of the Federal Government, 

may make available, to a State, a unit of local government, 

or a private entity incorporated in the United States, small 

quantities of a toxic chemical or precursor for the development 

or testing, in the United States, of material that is designed 

to be used for protective purposes. 

(2) TERMS AND CONDITIONS.—Any use of the authority 

under paragraph (1) shall be subject to such terms and conditions as the Secretary considers appropriate. 

(b) PAYMENT OF COSTS AND DISPOSITION OF FUNDS.— 

(1) IN GENERAL.—The Secretary shall ensure, through the 

advance payment required by paragraph (2) and through any 

other payments that may be required, that a recipient of toxic 

chemicals or precursors under subsection (a) pays for all actual 

costs, including direct and indirect costs, associated with providing the toxic chemicals or precursors. 

(2) ADVANCE PAYMENT.—In carrying out paragraph (1), the 

Secretary shall require each recipient to make an advance 

Deadline. 

Reports. 

Procedures. 

Effective date. 


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payment in an amount that the Secretary determines will equal 

all such actual costs. 

(3) CREDITS.—A payment received under this subsection 

shall be credited to the account that was used to cover the 

costs for which the payment was provided. Amounts so credited 

shall be merged with amounts in that account, and shall be 

available for the same purposes, and subject to the same conditions and limitations, as other amounts in that account. 

(c) CHEMICAL WEAPONS CONVENTION.—The Secretary shall 

ensure that toxic chemicals and precursors are made available 

under this section for uses and in quantities that comply with 

the Convention on the Prohibition of the Development, Production, 

Stockpiling and Use of Chemical Weapons and on Their Destruction, 

signed at Paris on January 13, 1993, and entered into force with 

respect to the United States on April 29, 1997. 

(d) REPORT.— 

(1) Not later than March 15, 2008, and each year thereafter, 

the Secretary shall submit to Congress a report on the use 

of the authority under subsection (a) during the previous calendar year. The report shall include a description of each 

use of the authority and specify what material was made available and to whom it was made available. 

(2) Each report under paragraph (1) shall be submitted 

in unclassified form, but may include a classified annex. 

(e) DEFINITIONS.—In this section, the terms ‘‘precursor’’, ‘‘protective purposes’’, and ‘‘toxic chemical’’ have the meanings given those 

terms in the convention referred to in subsection (c), in paragraph 

2, paragraph 9(b), and paragraph 1, respectively, of article II of 

that convention. 

SEC. 1035. PROHIBITION ON SALE OF F–14 FIGHTER AIRCRAFT AND 

RELATED PARTS. 

(a) PROHIBITION ON SALE BY DEPARTMENT OF DEFENSE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Department of Defense may not sell (whether directly or 

indirectly) any F–14 fighter aircraft, any parts unique to the 

F–14 fighter aircraft, or any tooling or dies used in the manufacture of such aircraft or parts, whether such sales occur through 

the Defense Reutilization and Marketing Service or through 

another agency or element of the Department. 

(2) EXCEPTION.—Paragraph (1) shall not apply with respect 

to the sale of F–14 fighter aircraft or parts for F–14 fighter 

aircraft to a museum or similar organization located in the 

United States that is involved in the preservation of F–14 

fighter aircraft for historical purposes. 

(b) PROHIBITION ON EXPORT LICENSE.—No license for the export 

of any F-14 fighter aircraft, any parts unique to the F–14 fighter 

aircraft, or any tooling or dies used in the manufacture of such 

aircraft or parts may be issued by the United States Government 

to a non-United States person or entity. 


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Subtitle E—Reports 

SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO 

HARDENED AND DEEPLY BURIED TARGETS. 

Section 1032 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2643; 

10 U.S.C. 2358 note) is amended— 

(1) in the heading, by striking ‘‘ANNUAL REPORT ON

WEAPONS’’ and inserting ‘‘REPORT ON WEAPONS AND CAPABILITIES’’; 

(2) in subsection (a)— 

(A) in the heading, by striking ‘‘ANNUAL’’; 

(B) by striking ‘‘April 1 of each year’’ and inserting 

‘‘March 1, 2009, and every two years thereafter,’’; 

(C) by striking ‘‘Director of Central Intelligence’’ and 

inserting ‘‘Director of National Intelligence’’; 

(D) by striking ‘‘the preceding fiscal year’’ and inserting 

‘‘the preceding two fiscal years and planned for the current 

fiscal year and the next fiscal year’’; and 

(E) by striking ‘‘to develop weapons’’ and inserting 

‘‘to develop weapons and capabilities’’; 

(3) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘The report for a fiscal year’’ and inserting ‘‘A report submitted’’; 

(B) in paragraph (1), by striking ‘‘were undertaken 

during that fiscal year’’ and inserting ‘‘were or will be 

undertaken during the four-fiscal-year period covered by 

the report’’; and 

(C) in paragraph (2) in the matter preceding subparagraph (A), by striking ‘‘were undertaken during such fiscal 

year’’ and inserting ‘‘were or will be undertaken during 

the four-fiscal-year period covered by the report’’; and 

(4) in subsection (d), by striking ‘‘April 1, 2007’’ and 

inserting ‘‘March 1, 2013’’. 

SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVITIES. 

(a) REPORT REQUIRED.—Not later than December 31, 2008, 

the Secretary of Defense shall submit to the congressional defense 

committees a report that describes current and planned joint modeling and simulation activities within the Department of Defense. 

(b) MATTERS TO BE INCLUDED.—The report under subsection 

(a) shall include the following: 

(1) An identification and description of how joint modeling 

and simulation activities support the development of capabilities to meet joint and service-unique military requirements 

and needs, in areas including but not limited to joint training, 

experimentation, systems acquisition, test and evaluation, 

assessment, and planning. 

(2) A description of how joint modeling and simulation 

activities are supportive of Department-level strategies and 

goals. 

(3) For each appropriate element of the Department of 

Defense and each appropriate combatant command— 


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(A) An identification of modeling and simulation 

capabilities; and 

(B) A description of plans and programs to continuously 

introduce new modeling and simulation technologies so 

as to enhance defense capabilities. 

(4) A description of incentives and plans to reduce or divest 

duplicative or outdated capabilities as necessary. 

(5) Plans or activities to allow non-defense users to access 

defense joint modeling and simulation activities, as appropriate. 

(6) Budget and resource estimates, including government 

and contractor personnel requirements, for planned joint modeling and simulation activities. 

(7) A description of the relationship and coordination 

between and among joint modeling and simulation activities 

and the modeling and simulation activities of elements of the 

Department of Defense, Federal agencies, State and local 

governments, academia, private industry, United States and 

international standards organizations, and international partners. 

(8) Any other matters the Secretary considers appropriate. 

(c) CONSULTATION.—The report under (a) shall be developed 

in consultation with appropriate military departments, Defense 

Agencies, combatant commands, and other defense activities. 

SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL 

STRIKE CAPABILITY. 

Section 1032(b)(1) of the National Defense Authorization Act 

for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1605; 10 

U.S.C. 113 note) is amended by inserting ‘‘and each of 2007, 2008, 

and 2009,’’ after ‘‘2004, 2005, and 2006,’’. 

SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE 

NUCLEAR MISSIONS OF THE NAVY AND THE DEPARTMENT OF ENERGY. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall each submit to Congress a report on the 

requirements for a workforce to support the nuclear missions of 

the Navy and the Department of Energy during the 10-year period 

beginning on the date of the report. 

(b) ELEMENTS.—Each report shall include— 

(1) a description of the projected nuclear missions of the 

Navy and the Department of Energy during the 10-year period 

beginning on the date of the report; 

(2) an assessment of existing knowledge retention programs 

within the Department of Defense, the Department of Energy, 

the national laboratories, and federally funded research facilities that support the nuclear missions of the Navy and the 

Department of Energy, and any planned changes in those programs; and 

(3) a plan to address anticipated workforce attrition, retirement, and recruiting trends during that period and ensure 

an adequate workforce in support of the nuclear missions of 

the Navy and the Department of Energy. 


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SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE 

AND ACCOUNTING SERVICE RESPONSE TO 

BUTTERBAUGH V. DEPARTMENT OF JUSTICE. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to the congressional defense committees a report 

setting forth an assessment by the Comptroller General of the 

response of the Defense Finance and Accounting Service to the 

decision in Butterbaugh v. Department of Justice (336 F.3d 1332 

(2003)). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An estimate of the number of members of the reserve 

components of the Armed Forces, both past and present, who 

are entitled to compensation under the decision in Butterbaugh 

v. Department of Justice. 

(2) An assessment of the current policies, procedures, and 

timeliness of the Defense Finance and Accounting Service in 

implementing and resolving claims under the decision in 

Butterbaugh v. Department of Justice. 

(3) An assessment whether or not the decisions made by 

the Defense Finance and Accounting Service in implementing 

the decision in Butterbaugh v. Department of Justice follow 

a consistent pattern of resolution. 

(4) An assessment of whether or not the decisions made 

by the Defense Finance and Accounting Service in implementing the decision in Butterbaugh v. Department of Justice 

are resolving claims by providing more compensation than an 

individual has been able to prove, under the rule of construction 

that laws providing benefits to veterans are liberally construed 

in favor of the veteran. 

(5) An estimate of the total amount of compensation payable to members of the reserve components of the Armed Forces, 

both past and present, as a result of the recent decision in 

Hernandez v. Department of the Air Force (No. 2006–3375, 

slip op.) that leave can be reimbursed for Reserve service before 

1994, when Congress enacted chapter 43 of title 38, United 

States Code (commonly referred to as the ‘‘Uniformed Services 

Employment and Reemployment Rights Act’’). 

(6) A comparative assessment of the handling of claims 

by the Defense Finance and Accounting Service under the decision in Butterbaugh v. Department of Justice with the handling 

of claims by other Federal agencies (selected by the Comptroller 

General for purposes of the comparative assessment) under 

that decision. 

(7) A statement of the number of claims by members of 

the reserve components of the Armed Forces under the decision 

in Butterbaugh v. Department of Justice that have been adjudicated by the Defense Finance and Accounting Service. 

(8) A statement of the number of claims by members of 

the reserve components of the Armed Forces under the decision 

in Butterbaugh v. Department of Justice that have been denied 

by the Defense Finance and Accounting Service. 

(9) A comparative assessment of the average amount of 

time required for the Defense Finance and Accounting Service 

to resolve a claim under the decision in Butterbaugh v. Department of Justice with the average amount of time required 


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by other Federal agencies (as so selected) to resolve a claim 

under that decision. 

(10) A comparative statement of the backlog of claims 

with the Defense Finance and Accounting Service under the 

decision in Butterbaugh v. Department of Justice with the 

backlog of claims of other Federal agencies (as so selected) 

under that decision. 

(11) An estimate of the amount of time required for the 

Defense Finance and Accounting Service to resolve all outstanding claims under the decision in Butterbaugh v. Department of Justice. 

(12) An assessment of the reasonableness of the requirement of the Defense Finance and Accounting Service for the 

submittal by members of the reserve components of the Armed 

Forces of supporting documentation for claims under the decision in Butterbaugh v. Department of Justice. 

(13) A comparative assessment of the requirement of the 

Defense Finance and Accounting Service for the submittal by 

members of the reserve components of the Armed Forces of 

supporting documentation for claims under the decision in 

Butterbaugh v. Department of Justice with the requirement 

of other Federal agencies (as so selected) for the submittal 

by such members of supporting documentation for such claims. 

(14) Such recommendations for legislative action as the 

Comptroller General considers appropriate in light of the decision in Butterbaugh v. Department of Justice and the decision 

in Hernandez v. Department of the Air Force. 

SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a requirements-based study on alternatives for the proper size 

and mix of fixed-wing intratheater and intertheater airlift assets 

to meet the National Military Strategy for each of the following 

timeframes: fiscal year 2012, 2018, and 2024. The study shall— 

(1) focus on organic and commercially programmed airlift 

capabilities; 

(2) analyze the full-spectrum lifecycle costs of the various 

alternatives for organic models of each of the following aircraft: 

C–5A/B/C/M, C–17A, KC–X, KC–10, KC–135R, C–130E/H/J, 

Joint Cargo Aircraft; and 

(3) incorporate the augmentation capability, viability, and 

feasibility of the Civil Reserve Air Fleet during activation stages 

I, II, and III. 

(b) USE OF FFRDC.—The Secretary shall select, to carry out 

the study required by subsection (a), a federally funded research 

and development center that has experience and expertise in conducting similar studies. 

(c) STUDY PLAN.—The study required by subsection (a) shall 

be carried out under a study plan. The study plan shall be developed 

as follows: 

(1) The center selected under subsection (b) shall develop 

the study plan and shall, not later than 60 days after the 

date of enactment of this Act, submit the study plan to the 

congressional defense committees, the Secretary, and the Comptroller General of the United States. 

(2) The Comptroller General shall review the study plan 

to determine whether it is complete and objective, and whether 

Deadlines. 


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it has any flaws or weaknesses in scope or methodology, and 

shall, not later than 30 days after receiving the study plan, 

submit to the Secretary and the center a report that contains 

the results of that review and provides any recommendations 

that the Comptroller General considers appropriate for improvements to the study plan. 

(3) The center shall modify the study plan to incorporate 

the recommendations under paragraph (2) and shall, not later 

than 45 days after receiving that report, submit to the Secretary 

and the congressional defense committees a report on those 

modifications. The report shall describe each modification and, 

if the modifications do not incorporate one or more of the 

recommendations, shall explain the reasons for not doing so. 

(d) ELEMENTS OF STUDY PLAN.—The study plan required by 

subsection (c) shall address, at minimum, the following: 

(1) A description of lift requirements and operating profiles 

for airlift aircraft required to meet the National Military 

Strategy, including assumptions regarding the following: 

(A) Current and future military combat and support 

missions. 

(B) The planned force structure growth of the military 

services. 

(C) Potential changes in lift requirements, including 

the deployment of the Future Combat Systems by the 

Army. 

(D) New capability in airlift to be provided by the 

KC(X) aircraft and the expected utilization of such capability, including its use in intratheater lift. 

(E) The utilization of intertheater lift aircraft in 

intratheater combat mission support roles. 

(F) The availability and application of Civil Reserve 

Air Fleet assets in future military scenarios. 

(G) Air mobility requirements associated with the 

Global Rebasing Initiative of the Department of Defense. 

(H) Air mobility requirements in support of worldwide 

peacekeeping and humanitarian missions. 

(I) Air mobility requirements in support of homeland 

defense and national emergencies. 

(J) The viability and capability of the Civil Reserve 

Air Fleet to augment organic forces in both friendly and 

hostile environments. 

(K) An assessment of the Civil Reserve Air Fleet to 

adequately augment the organic fleet as it relates to 

commercial inventory management restructuring in 

response to future commercial markets, streamlining of 

operations, efficiency measures, or downsizing of the 

participant. 

(2) An evaluation of the state of the current airlift fleet 

of the Air Force, including assessments of the following: 

(A) The extent to which the increased use of airlift 

aircraft in on-going operations is affecting the programmed 

service life of the aircraft of that fleet. 

(B) The adequacy of the current airlift force, including 

whether or not a minimum of 299 strategic airlift aircraft 

for the Air Force is sufficient to support future expeditionary combat and non-combat missions, as well as 

domestic and training mission demands consistent with 


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the requirements of meeting the National Military 

Strategy. 

(C) The optimal mix of C–5 and C–17 aircraft for 

the strategic airlift fleet of the Air Force, to include the 

following: 

(i) The cost-effectiveness of modernizing various 

iterations of the C–5A and C–5B/C aircraft fleet versus 

procuring additional C–17 aircraft. 

(ii) The military capability, operational availability, usefulness, and service life of the C–5A/B/C/ 

M aircraft and the C–17 aircraft. Such an assessment 

shall examine appropriate metrics, such as aircraft 

availability rates, departure rates, and mission capable 

rates, in each of the following cases: 

(I) Completion of the Avionics Modernization 

Program and the Reliability Enhancement and Reengining Program. 

(II) Partial completion of the Avionics Modernization Program and the Reliability Enhancement and Re-engining Program, with partial 

completion of either such program being considered 

the point at which the continued execution of each 

program is no longer supported by the costeffectiveness analysis. 

(iii) At what specific fleet inventory for each 

organic aircraft, to include air refueling aircraft used 

in the airlift role, would it impede the ability of Civil 

Reserve Air Fleet participants to remain a viable augmentation option. 

(D) An analysis and assessment of the lessons that 

may be learned from the experience of the Air Force in 

restarting the production line for the C–5 aircraft after 

having closed the line for several years, and recommendations for the actions that the Department of Defense should 

take to ensure that the production line for the C–17 aircraft 

could be restarted if necessary, including— 

(i) an analysis of the methods that were used 

and costs that were incurred in closing and re-opening 

the production line for the C–5 aircraft; 

(ii) an assessment of the methods and actions that 

should be employed and the expected costs and risks 

of closing and re-opening the production line for the 

C–17 aircraft in view of that experience. 

Such analysis and assessment should deal with issues such 

as production work force, production facilities, tooling, 

industrial base suppliers, contractor logistics support 

versus organic maintenance, and diminished manufacturing sources. 

(E) Assessing the military capability, operational availability, usefulness, service life and optimal mix of intratheater airlift aircraft, to include— 

(i) the cost-effectiveness of procuring the Joint 

Cargo Aircraft versus procuring additional C–130J or 

refurbishing C–130E/H platforms to meet intra-theater 

airlift requirements of the combatant commander and 

component commands; and 


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122 STAT. 316 PUBLIC LAW 110–181—JAN. 28, 2008 

(ii) the cost-effectiveness of procuring additional 

C–17 aircraft versus procuring additional C–130J platforms or refurbishing C–130E/H platforms to meet 

intra-theater airlift requirements of the combatant 

commander and component commands. 

(3) Each analysis required by paragraph (2) shall include— 

(A) a description of the assumptions and sensitivity 

analysis utilized in the study regarding aircraft performances and cargo loading factors; and 

(B) a comprehensive statement of the data and assumptions utilized in making the program life cycle cost estimates and a comparison of cost and risk associated with 

the optimally mixed fleet of airlift aircraft versus the program of record airlift aircraft fleet. 

(e) UTILIZATION OF OTHER STUDIES.—The study required by 

subsection (a) shall build upon the results of the 2005 Mobility 

Capabilities Studies, the on-going Intra-theater Airlift Fleet Mix 

Analysis, the Intra-theater Lift Capabilities Study, the Joint Future 

Theater Airlift Capabilities Analysis, and other appropriate studies 

and analyses, such as Fleet Viability Board Reports or special 

aircraft assessments. The study shall also include any testing data 

collected on modernization, recapitalization, and upgrade efforts 

of current organic aircraft. 

(f) COLLABORATION WITH UNITED STATES TRANSPORTATION

COMMAND.—In conducting the study required by subsection (a) 

and preparing the report required by subsection (c)(3), the center 

shall collaborate with the commander of the United States 

Transportation Command. 

(g) COLLABORATION WITH COST ANALYSIS IMPROVEMENT

GROUP.—In conducting the study required by subsection (a) and 

constructing the analysis required by subsection (a)(2), the center 

shall collaborate with the Cost Analysis Improvement Group of 

the Department of Defense. 

(h) REPORT.—Not later than January 10, 2009, the center 

selected under subsection (b) shall submit to the Secretary and 

the congressional defense committees a report on the study required 

by subsection (a). The report shall be submitted in unclassified 

form, but shall include a classified annex. 

SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC 

MILITARY AVIATION NATIONAL TRAINING CENTER. 

(a) IN GENERAL.—Not later than June 1, 2008, the Secretary 

of Defense shall submit to the congressional defense committees 

a report to determine the feasibility of establishing a Border State 

Aviation Training Center (BSATC) to support the current and future 

requirements of the existing RC–26 training site for counterdrug 

activities, located at the Fixed Wing Army National Guard Aviation 

Training Site (FWAATS), including the domestic reconnaissance 

and surveillance missions of the National Guard in support of 

local, State, and Federal law enforcement agencies, provided that 

the activities to be conducted at the BSATC shall not duplicate 

or displace any activity or program at the RC–26 training site 

or the FWAATS. 

(b) CONTENT.—The report required under subsection (a) shall— 

(1) examine the current and past requirements of RC– 

26 aircraft in support of local, State, and Federal law enforcement and determine the number of additional aircraft required 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 317 

to provide such support for each State that borders Canada, 

Mexico, or the Gulf of Mexico; 

(2) determine the number of military and civilian personnel 

required to run a RC–26 domestic training center meeting 

the requirements identified under paragraph (1); 

(3) determine the requirements and cost of locating such 

a training center at a military installation for the purpose 

of preempting and responding to security threats and 

responding to crises; and 

(4) include a comprehensive review of the number and 

type of intelligence, reconnaissance, and surveillance platforms 

needed for the National Guard to effectively provide domestic 

operations and civil support (including homeland defense and 

counterdrug) to local, State, and Federal law enforcement and 

first responder entities and how those platforms would provide 

additional capabilities not currently available from the assets 

of other local, State, and Federal agencies. 

(c) CONSULTATION.—In preparing the report required under 

subsection (a), the Secretary of Defense shall consult with the 

Adjutant General of each State that borders Canada, Mexico, or 

the Gulf of Mexico, the Adjutant General of the State of West 

Virginia, and the National Guard Bureau. 

SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET 

PAD SUSPENSION SYSTEMS. 

(a) IN GENERAL.—The Secretary of Defense shall carry out 

a limited field user evaluation and operational assessment of qualified combat helmet pad suspension systems. The evaluation and 

assessment shall be carried out using verified product representative samples from combat helmet pad suspension systems that 

are qualified as of the date of the enactment of this Act. 

(b) REPORT.—Not later than September 30, 2008, the Secretary 

shall submit to the congressional defense committees a report on 

the results of the limited field user evaluation and operational 

assessment. 

(c) FUNDING.—The limited field user evaluation and operational 

assessment required by subsection (a) shall be conducted using 

funds appropriated pursuant to an authorization of appropriations 

or otherwise made available for fiscal year 2008 for operation and 

maintenance, Army, for soldier protection and safety. 

SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM. 

(a) STUDY REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall enter 

into an agreement with an independent, non-profit, non-partisan 

organization to conduct a study on the national security interagency 

system. 

(b) REPORT.—The agreement entered into under subsection (a) 

shall require the organization to submit to Congress and the President a report containing the results of the study conducted pursuant 

to such agreement and any recommendations for changes to the 

national security interagency system (including legislative or regulatory changes) identified by the organization as a result of the 

study. 

(c) SUBMITTAL DATE.—The agreement entered into under subsection (a) shall require the organization to submit the report 

required under subsection (a) not later than September 1, 2008. 

Deadline. 


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(d) NATIONAL SECURITY INTERAGENCY SYSTEM DEFINED.—In 

this section, the term ‘‘national security interagency system’’ means 

the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that 

have national security missions coordinate and integrate their policies, capabilities, expertise, and activities to accomplish such missions. 

(e) FUNDING.—Of the amount authorized to be appropriated 

by section 301(5) for operation and maintenance for Defense-wide 

activities, not more than $3,000,000 may be available to carry 

out this section. 

SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE. 

(a) REPORT.—Not later than 190 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the status, capability, viability, and capacity of the solid rocket motor industrial 

base in the United States. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of the ability to maintain the Minuteman 

III intercontinental ballistic missile through its planned operational life. 

(2) An assessment of the ability to maintain the Trident 

II D–5 submarine launched ballistic missile through its planned 

operational life. 

(3) An assessment of the ability to maintain all other 

space launch, missile defense, and other vehicles with solid 

rocket motors, through their planned operational lifetimes. 

(4) An assessment of the ability to support projected future 

requirements for vehicles with solid rocket motors to support 

space launch, missile defense, or any range of ballistic missiles 

determined to be necessary to meet defense needs or other 

requirements of the United States Government. 

(5) An assessment of the required materials, the supplier 

base, the production facilities, and the production workforce 

needed to ensure that current and future requirements could 

be met. 

(6) An assessment of the adequacy of the current and 

projected industrial base support programs to support the full 

range of projected future requirements identified in paragraph 

(4). 

SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEMBERS OF THE ARMED FORCES WHO DIED IN THE AIR 

CRASH IN BAKERS CREEK, AUSTRALIA, AND ESTABLISHMENT OF OTHER MEMORIALS IN ARLINGTON NATIONAL 

CEMETERY. 

(a) BAKERS CREEK MEMORIAL.—Not later than April 1, 2008, 

the Secretary of the Army shall submit to the Committee on Armed 

Services and the Committee on Veterans’ Affairs of the House 

of Representatives and the Committee on Armed Services and the 

Committee on Veterans’ Affairs of the Senate a report containing 

a discussion of locations outside of Arlington National Cemetery 

that would serve as a suitable location for the establishment of 

a memorial to honor the memory of the 40 members of the Armed 

Forces of the United States who lost their lives in the air crash 

at Bakers Creek, Australia, on June 14, 1943. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 319 

(b) MEMORIALS IN ARLINGTON NATIONAL CEMETERY.—Not later 

than April 1, 2008, the Secretary of the Army shall submit to 

the congressional committees specified in subsection (a) a report 

containing— 

(1) recommendations to implement the results of the study 

regarding proposals for the construction of new memorials in 

Arlington National Cemetery that was conducted pursuant to 

section 2897 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

118 Stat. 2157); and 

(2) proposed legislation, if necessary, to implement the 

results of the study. 

Subtitle F—Other Matters 

SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL AGENCIES. 

Section 377 of title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘To the extent’’ and 

inserting ‘‘Subject to subsection (c), to the extent’’; and 

(2) by striking subsection (b) and inserting the following 

new subsections: 

‘‘(b)(1) Subject to subsection (c), the Secretary of Defense shall 

require a Federal agency to which law enforcement support or 

support to a national special security event is provided by National 

Guard personnel performing duty under section 502(f) of title 32 

to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision 

of this chapter shall apply to such support. 

‘‘(2) Any funds received by the Department of Defense under 

this subsection as reimbursement for support provided by personnel 

of the National Guard shall be credited, at the election of the 

Secretary of Defense, to the following: 

‘‘(A) The appropriation, fund, or account used to fund the 

support. 

‘‘(B) The appropriation, fund, or account currently available 

for reimbursement purposes. 

‘‘(c) An agency to which support is provided under this chapter 

or section 502(f) of title 32 is not required to reimburse the Department of Defense for such support if the Secretary of Defense waives 

reimbursement. The Secretary may waive the reimbursement 

requirement under this subsection if such support— 

‘‘(1) is provided in the normal course of military training 

or operations; or 

‘‘(2) results in a benefit to the element of the Department 

of Defense or personnel of the National Guard providing the 

support that is substantially equivalent to that which would 

otherwise be obtained from military operations or training.’’. 

SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES. 

(a) ESTABLISHMENT.—There is hereby established a commission 

to be known as the ‘‘Congressional Commission on the Strategic 

Posture of the United States’’. The purpose of the commission 

is to examine and make recommendations with respect to the longterm strategic posture of the United States. 

Waiver authority. 


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(b) COMPOSITION.— 

(1) MEMBERSHIP.—The commission shall be composed of 

12 members appointed as follows: 

(A) Three by the chairman of the Committee on Armed 

Services of the House of Representatives. 

(B) Three by the ranking minority member of the Committee on Armed Services of the House of Representatives. 

(C) Three by the chairman of the Committee on Armed 

Services of the Senate. 

(D) Three by the ranking minority member of the 

Committee on Armed Services of the Senate. 

(2) CHAIRMAN; VICE CHAIRMAN.— 

(A) CHAIRMAN.—The chairman of the Committee on 

Armed Services of the House of Representatives and the 

chairman of the Committee on Armed Services of the 

Senate shall jointly designate one member of the commission to serve as chairman of the commission. 

(B) VICE CHAIRMAN.—The ranking minority member 

of the Committee on Armed Services of the House of Representatives and the ranking minority member of the Committee on Armed Services of the Senate shall jointly designate one member of the commission to serve as vice 

chairman of the commission. 

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the commission. Any vacancy in 

the commission shall be filled in the same manner as the 

original appointment. 

(c) DUTIES.— 

(1) REVIEW.—The commission shall conduct a review of 

the strategic posture of the United States, including a strategic 

threat assessment and a detailed review of nuclear weapons 

policy, strategy, and force structure. 

(2) ASSESSMENT AND RECOMMENDATIONS.— 

(A) ASSESSMENT.—The commission shall assess the 

benefits and risks associated with the current strategic 

posture and nuclear weapons policies of the United States. 

(B) RECOMMENDATIONS.—The commission shall make 

recommendations as to the most appropriate strategic posture and most effective nuclear weapons strategy. 

(d) COOPERATION FROM GOVERNMENT.— 

(1) COOPERATION.—In carrying out its duties, the commission shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, the Secretary of 

State, the Director of National Intelligence, and any other 

United States Government official in providing the commission 

with analyses, briefings, and other information necessary for 

the fulfillment of its responsibilities. 

(2) LIAISON.—The Secretary of Defense, the Secretary of 

Energy, the Secretary of State, and the Director of National 

Intelligence shall each designate at least one officer or employee 

of the Department of Defense, the Department of Energy, the 

Department of State, and the intelligence community, respectively, to serve as a liaison officer between the department 

(or the intelligence community, as the case may be) and the 

commission. 


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(e) REPORT.—Not later than December 1, 2008, the commission 

shall submit to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Committee on Armed 

Services of the Senate, and the Committee on Armed Services 

of the House of Representatives a report on the commission’s 

findings, conclusions, and recommendations. The report shall identify the strategic posture and nuclear weapons strategy recommended under subsection (c)(2)(B) and shall include— 

(1) the military capabilities and force structure necessary 

to support the strategy, including both nuclear and non-nuclear 

capabilities that might support the strategy; 

(2) the number of nuclear weapons required to support 

the strategy, including the number of replacement warheads 

required, if any; 

(3) the appropriate qualitative analysis, including forceon-force exchange modeling, to calculate the effectiveness of 

the strategy under various scenarios; 

(4) the nuclear infrastructure (that is, the size of the 

nuclear complex) required to support the strategy; 

(5) an assessment of the role of missile defenses in the 

strategy; 

(6) an assessment of the role of nonproliferation programs 

in the strategy; 

(7) the political and military implications of the strategy 

for the United States and its allies; and 

(8) any other information or recommendations relating to 

the strategy (or to the strategic posture) that the commission 

considers appropriate. 

(f) FUNDING.—Of the amounts appropriated or otherwise made 

available pursuant to this Act to the Department of Defense, 

$5,000,000 is available to fund the activities of the commission. 

(g) TERMINATION.—The commission shall terminate on June 

1, 2009. 

SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Chapter 3 is amended— 

(A) by redesignating the section 127c added by section 

1201(a) of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

2410) as section 127d and transferring that section so 

as to appear immediately after the section 127c added 

by section 1231(a) of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

3467); and 

(B) by revising the table of sections at the beginning 

of such chapter to reflect the redesignation and transfer 

made by paragraph (1). 

(2) Section 629(d)(1) is amended by inserting a comma 

after ‘‘(a)’’. 

(3) Section 662(b) is amended by striking ‘‘paragraphs (1), 

(2), and (3) of subsection (a)’’ and inserting ‘‘paragraphs (1) 

and (2) of subsection (a)’’. 

(4) Subsections (c) and (d) of section 948r are each amended 

by striking ‘‘Defense Treatment Act of 2005’’ each place it 

appears and inserting ‘‘Detainee Treatment Act of 2005’’. 


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(5) The table of sections at the beginning of subchapter 

VI of chapter 47A is amended by striking the item relating 

to section 950j and inserting the following: 

‘‘950j. Finality of proceedings, findings, and sentences.’’. 

(6) Section 950f(b) is amended by striking ‘‘No person may 

be serve’’ and inserting ‘‘No person may serve’’. 

(7) The heading for section 950j is amended by striking ‘‘Finality or’’ and inserting ‘‘Finality of’’. 

(8) Section 1034(b)(2) is amended by inserting ‘‘unfavorable’’ 

before ‘‘action’’ the second place it appears. 

(9) Section 1588(d)(1)(B) is amended by striking ‘‘the Act 

of March 9, 1920, commonly known as the ‘Suits in Admiralty 

Act’ (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act 

of March 3, 1925, commonly known as the ‘Public Vessels 

Act’ (43 Stat. 1112; 46 U.S.C. App. 781 et seq.)’’ and inserting 

‘‘chapters 309 and 311 of title 46’’. 

(10) The table of sections at the beginning of chapter 137 

is amended by striking the item relating to section 2333 and 

inserting the following new item: 

‘‘2333. Joint policies on requirements definition, contingency program management, 

and contingency contracting.’’. 

(11) The table of sections at the beginning of chapter 141 

is amended by inserting a period at the end of the item relating 

to section 2410p. 

(12) The table of sections at the beginning of chapter 152 

is amended by inserting a period at the end of the item relating 

to section 2567. 

(13) Section 2583(e) is amended by striking ‘‘DOGS’’ and 

inserting ‘‘ANIMALS’’. 

(14) Section 2668(e) is amended by striking ‘‘and (d)’’ and 

inserting ‘‘and (e)’’. 

(15) Section 12304(a) is amended by striking the second 

period at the end. 

(16) Section 14310(d)(1) is amended by inserting a comma 

after ‘‘(a)’’. 

(b) TITLE 37, UNITED STATES CODE.—Section 302c(d)(1) of title 

37, United States Code, is amended by striking ‘‘Services Corps’’ 

and inserting ‘‘Service Corps’’. 

(c) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2007.—Effective as of October 17, 2006, and as if 

included therein as enacted, the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364) is 

amended as follows: 

(1) Section 333(a) (120 Stat. 2151) is amended— 

(A) by striking ‘‘Section 332(c)’’ and inserting ‘‘Section 

332’’; and 

(B) in paragraph (1), by inserting ‘‘in subsection (c),’’ 

after ‘‘(1)’’. 

(2) Section 348(2) (120 Stat. 2159) is amended by striking 

‘‘60 days of’’ and inserting ‘‘60 days after’’. 

(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by 

inserting a comma after ‘‘title’’. 

(4) Section 591(b)(1) (120 Stat. 2233) is amended by 

inserting a period after ‘‘this title’’. 

(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by 

striking ‘‘in’’ and inserting ‘‘In’’. 

Effective date. 


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(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) MILITARY COMMISSIONS ACT OF 2006.—Section 7 of the Military Commissions Act of 2006 (Public Law 109–366) is amended 

by striking ‘‘added by added by’’ and inserting ‘‘added by’’. 

(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2004.—The National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136) is amended as follows: 

(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) 

is amended by striking ‘‘those program’’ and inserting ‘‘those 

programs’’. 

(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) 

is amended by striking ‘‘(A))’’ and inserting ‘‘(A)))’’. 

120 Stat. 2635. 

Effective date. 

Effective date. 


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(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note) 

is amended by inserting ‘‘Security’’ after ‘‘Health’’. 

(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1994.—Section 845(a) of the National Defense Authorization Act 

for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended— 

(1) in paragraph (2)(A), by inserting ‘‘Research’’ after 

‘‘Defense Advanced’’; and 

(2) in paragraph (3), by inserting ‘‘Research’’ after ‘‘Defense 

Advanced’’. 

(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1993.—Section 722(a)(1) of the National Defense Authorization Act 

for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1073 note) 

is amended by striking ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 

SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT. 

Section 1063 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3445) is repealed. 

SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR 

DETECTION. 

The Secretary of Defense shall maintain the capability for 

space-based nuclear detection at a level that meets or exceeds 

the level of capability as of the date of the enactment of this 

Act. 

SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

It is the sense of Congress that— 

(1) the Nation extends its gratitude to the military personnel who guard and interrogate some of the world’s most 

dangerous men every day at Naval Station, Guantanamo Bay, 

Cuba; 

(2) the United States Government should urge the international community, in general, and in particular, the home 

countries of the detainees who remain in detention despite 

having been ordered released by a Department of Defense 

administrative review board, to work with the Department 

of Defense to facilitate and expedite the repatriation of such 

detainees; 

(3) detainees at Guantanamo Bay, to the maximum extent 

possible, should be charged and expeditiously prosecuted for 

crimes committed against the United States; and 

(4) operations at Guantanamo Bay should be carried out 

in a way that upholds the national interest and core values 

of the American people. 

SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT 

NAVAL STATION, GUANTANAMO BAY, CUBA. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report that contains 

the Secretary’s plan for each individual presently detained at Naval 

Station, Guantanamo Bay, Cuba, under the control of the Joint 

Task Force Guantanamo, who is or has ever been classified as 

an ‘‘enemy combatant’’ (referred to in this section as a ‘‘detainee’’). 

(b) CONTENTS OF REPORT.—The report required under subsection (a) shall include each of the following: 


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(1) An identification of the number of detainees who, as 

of December 31, 2007, the Department estimates— 

(A) will have been or will be charged with one or 

more crimes and may, therefore, be tried before a military 

commission; 

(B) will be subject of an order calling for the release 

or transfer of the detainee from the Guantanamo Bay 

facility; or 

(C) will not have been charged with any crimes and 

will not be subject to an order calling for the release or 

transfer of the detainee from the Guantanamo Bay facility, 

but whom the Department wishes to continue to detain. 

(2) A description of the actions required to be undertaken, 

by the Secretary of Defense, possibly the heads of other Federal 

agencies, and Congress, to ensure that detainees who are subject to an order calling for their release or transfer from the 

Guantanamo Bay facility have, in fact, been released. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. 

SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 

109–364 RELATING TO USE OF ARMED FORCES IN MAJOR 

PUBLIC EMERGENCIES. 

(a) INTERFERENCE WITH STATE AND FEDERAL LAWS.— 

(1) IN GENERAL.—Section 333 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 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.— 

President. 


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(A) The table of sections at the beginning of chapter 

15 of such title is amended by striking the item relating 

to section 333 and inserting the following new item: 

‘‘333. Interference with State and Federal law.’’. 

(B) The tables of chapters at the beginning of subtitle 

A of title 10, United States Code, and at the beginning 

of part I of such subtitle, are each amended by striking 

the item relating to chapter 15 and inserting the following 

new item: 

‘‘15. Insurrection ..................................................................................................... 331’’. 

(b) REPEAL OF SECTION RELATING TO PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT.— (1) IN GENERAL.—Section 2567 of title 10, United States 

Code, is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 152 of such title is amended by striking 

the item relating to section 2567. 

(c) CONFORMING AMENDMENT.—Section 12304(c) of such title 

is amended by striking ‘‘Except to perform’’ and all that follows 

through ‘‘this section’’ and inserting ‘‘No unit or member of a 

reserve component may be ordered to active duty under this section 

to perform any of the functions authorized by chapter 15 or section 

12406 of this title or, except as provided in subsection (b),’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLATIONS IN UNITED STATES. 

(a) DEVELOPMENT OF STANDARDS.— 

(1) ACCESS STANDARDS FOR VISITORS.—The Secretary of 

Defense shall develop access standards applicable to all military 

installations in the United States. The standards shall require 

screening standards appropriate to the type of installation 

involved, the security level, category of individuals authorized 

to visit the installation, and level of access to be granted, 

including— 

(A) protocols to determine the fitness of the individual 

to enter an installation; and 

(B) standards and methods for verifying the identity 

of the individual. 

(2) ADDITIONAL CRITERIA.—The standards required under 

paragraph (1) may— 

(A) provide for expedited access to a military installation for Department of Defense personnel and employees 

and family members of personnel who reside on the 

installation; 

(B) provide for closer scrutiny of categories of individuals determined by the Secretary of Defense to pose a 

higher potential security risk; and 

(C) in the case of an installation that the Secretary 

determines contains particularly sensitive facilities, provide 

additional screening requirements, as well as physical and 

other security measures for the installation. 

(b) USE OF TECHNOLOGY.—The Secretary of Defense is encouraged to procure and field existing identification screening technology 

and to develop additional technology only to the extent necessary 


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to assist commanders of military installations in implementing the 

standards developed under this section at points of entry for such 

installations. 

(c) DEADLINES.— 

(1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary 

of Defense shall develop the standards required under this 

section by not later than July 1, 2008, and implement such 

standards by not later than January 1, 2009. 

(2) SUBMISSION TO CONGRESS.—Not later than August 1, 

2009, the Secretary shall submit to the Committees on Armed 

Services of the Senate and House of Representatives the standards implemented pursuant to paragraph (1). 

SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. 

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 

clarify United States nuclear deterrence policy and strategy for 

the near term, the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States for the 

next 5 to 10 years. The Secretary shall conduct the review in 

consultation with the Secretary of Energy and the Secretary of 

State. 

(b) ELEMENTS OF REVIEW.—The nuclear posture review shall 

include the following elements: 

(1) The role of nuclear forces in United States military 

strategy, planning, and programming. 

(2) The policy requirements and objectives for the United 

States to maintain a safe, reliable, and credible nuclear deterrence posture. 

(3) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. 

(4) The role that missile defense capabilities and conventional strike forces play in determining the role and size of 

nuclear forces. 

(5) The levels and composition of the nuclear delivery systems that will be required for implementing the United States 

national and military strategy, including any plans for replacing 

or modifying existing systems. 

(6) The nuclear weapons complex that will be required 

for implementing the United States national and military 

strategy, including any plans to modernize or modify the complex. 

(7) The active and inactive nuclear weapons stockpile that 

will be required for implementing the United States national 

and military strategy, including any plans for replacing or 

modifying warheads. 

(c) REPORT TO CONGRESS.—The Secretary of Defense shall 

submit to Congress, in unclassified and classified forms as necessary, a report on the results of the nuclear posture review conducted under this section. The report shall be submitted concurrently with the quadrennial defense review required to be submitted 

under section 118 of title 10, United States Code, in 2009. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that 

the nuclear posture review conducted under this section should 

be used as a basis for establishing future United States arms 

control objectives and negotiating positions. 


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SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION 

OF THE NEW STRATEGIC POSTURE OF THE UNITED 

STATES. 

Section 1051 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3431) is repealed. 

SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. 

(a) IN GENERAL.—Title III of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by 

adding at the end the following new section: 

‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ has the meaning given that term in section 102 of 

the Controlled Substances Act (21 U.S.C. 802). 

‘‘(2) COVERED PERSON.—The term ‘covered person’ means— 

‘‘(A) an officer or employee of a Federal agency; 

‘‘(B) a member of the Army, Navy, Air Force, or Marine 

Corps who is on active duty or is in an active status; 

and 

‘‘(C) an officer or employee of a contractor of a Federal 

agency. 

‘‘(3) RESTRICTED DATA.—The term ‘Restricted Data’ has the 

meaning given that term in section 11 of the Atomic Energy 

Act of 1954 (42 U.S.C. 2014). 

‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘special access 

program’ has the meaning given that term in section 4.1 of 

Executive Order No. 12958 (60 Fed. Reg. 19825). 

‘‘(b) PROHIBITION.—After January 1, 2008, the head of a Federal 

agency may not grant or renew a security clearance for a covered 

person who is an unlawful user of a controlled substance or an 

addict (as defined in section 102(1) of the Controlled Substances 

Act (21 U.S.C. 802)). 

‘‘(c) DISQUALIFICATION.— 

‘‘(1) IN GENERAL.—After January 1, 2008, absent an express 

written waiver granted in accordance with paragraph (2), the 

head of a Federal agency may not grant or renew a security 

clearance described in paragraph (3) for a covered person who— 

‘‘(A) has been convicted in any court of the United 

States of a crime, was sentenced to imprisonment for a 

term exceeding 1 year, and was incarcerated as a result 

of that sentence for not less than 1 year; 

‘‘(B) has been discharged or dismissed from the Armed 

Forces under dishonorable conditions; or 

‘‘(C) is mentally incompetent, as determined by an 

adjudicating authority, based on an evaluation by a duly 

qualified mental health professional employed by, or acceptable to and approved by, the United States Government 

and in accordance with the adjudicative guidelines required 

by subsection (d). 

‘‘(2) WAIVER AUTHORITY.—In a meritorious case, an exception to the disqualification in this subsection may be authorized 

if there are mitigating factors. Any such waiver may be authorized only in accordance with— 


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‘‘(A) standards and procedures prescribed by, or under 

the authority of, an Executive order or other guidance 

issued by the President; or 

‘‘(B) the adjudicative guidelines required by subsection 

(d). 

‘‘(3) COVERED SECURITY CLEARANCES.—This subsection 

applies to security clearances that provide for access to— 

‘‘(A) special access programs; 

‘‘(B) Restricted Data; or 

‘‘(C) any other information commonly referred to as 

‘sensitive compartmented information’. 

‘‘(4) ANNUAL REPORT.— ‘‘(A) REQUIREMENT FOR REPORT.—Not later than February 1 of each year, the head of a Federal agency shall 

submit a report to the appropriate committees of Congress 

if such agency employs or employed a person for whom 

a waiver was granted in accordance with paragraph (2) 

during the preceding year. Such annual report shall not 

reveal the identity of such person, but shall include for 

each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying 

factor. 

‘‘(B) DEFINITIONS.—In this paragraph: 

‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS.—The 

term ‘appropriate committees of Congress’ means, with 

respect to a report submitted under subparagraph (A) 

by the head of a Federal agency— 

‘‘(I) the congressional defense committees; 

‘‘(II) the congressional intelligence committees; 

‘‘(III) the Committee on Homeland Security 

and Governmental Affairs of the Senate; 

‘‘(IV) the Committee on Oversight and Government Reform of the House of Representatives; and 

‘‘(V) each Committee of the Senate or the 

House of Representatives with oversight authority 

over such Federal agency. 

‘‘(ii) CONGRESSIONAL DEFENSE COMMITTEES.—The 

term ‘congressional defense committees’ has the 

meaning given that term in section 101(a)(16) of title 

10, United States Code. 

‘‘(iii) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term ‘congressional intelligence committees’ has the meaning given that term in section 3 

of the National Security Act of 1947 (50 U.S.C. 401a). 

‘‘(d) ADJUDICATIVE GUIDELINES.— 

‘‘(1) REQUIREMENT TO ESTABLISH.—The President shall 

establish adjudicative guidelines for determining eligibility for 

access to classified information. 

‘‘(2) REQUIREMENTS RELATED TO MENTAL HEALTH.—The 

guidelines required by paragraph (1) shall— 

‘‘(A) include procedures and standards under which 

a covered person is determined to be mentally incompetent 

and provide a means to appeal such a determination; and 

‘‘(B) require that no negative inference concerning the 

standards in the guidelines may be raised solely on the 

basis of seeking mental health counseling.’’. 

(b) CONFORMING AMENDMENTS.— 

President. 

Applicability. 


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(1) REPEAL.—Section 986 of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 49 of such title is amended by striking 

the item relating to section 986. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on January 1, 2008. 

SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF 

SECURITY CLEARANCES. 

(a) DEMONSTRATION PROJECT.—Not later than 6 months after 

the date of the enactment of this Act, the Secretary of Defense 

and the Director of National Intelligence shall implement a demonstration project that applies new and innovative approaches to 

improve the processing of requests for security clearances. 

(b) EVALUATION.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary of Defense and the Director 

of National Intelligence shall carry out an evaluation of the process 

for issuing security clearances and develop a specific plan and 

schedule for replacing such process with an improved process. 

(c) REPORT.—Not later than 30 days after the date of the 

completion of the evaluation required by subsection (b), the Secretary of Defense and the Director of National Intelligence shall 

submit to Congress a report on— 

(1) the results of the demonstration project carried out 

pursuant to subsection (a); 

(2) the results of the evaluation carried out under subsection (b); and 

(3) the recommended specific plan and schedule for 

replacing the existing process for issuing security clearances 

with an improved process. 

SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS. 

(a) PROTECTION FOR DEPARTMENT LEADERSHIP.—The Secretary 

of Defense, under regulations prescribed by the Secretary and in 

accordance with guidelines approved by the Secretary and the 

Attorney General, may authorize qualified members of the Armed 

Forces and qualified civilian employees of the Department of 

Defense to provide physical protection and personal security within 

the United States to the following persons who, by nature of their 

positions, require continuous security and protection: 

(1) Secretary of Defense. 

(2) Deputy Secretary of Defense. 

(3) Chairman of the Joint Chiefs of Staff. 

(4) Vice Chairman of the Joint Chiefs of Staff. 

(5) Secretaries of the military departments. 

(6) Chiefs of the Services. 

(7) Commanders of combatant commands. 

(b) PROTECTION FOR ADDITIONAL PERSONNEL.— 

(1) AUTHORITY TO PROVIDE.—The Secretary of Defense, 

under regulations prescribed by the Secretary and in accordance 

with guidelines approved by the Secretary and the Attorney 

General, may authorize qualified members of the Armed Forces 

and qualified civilian employees of the Department of Defense 

to provide physical protection and personal security within 

the United States to individuals other than individuals 

described in paragraphs (1) through (7) of subsection (a) if 

Regulations. 

Regulations. 

Deadlines. 


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the Secretary determines that such protection and security 

are necessary because— 

(A) there is an imminent and credible threat to the 

safety of the individual for whom protection is to be provided; or 

(B) compelling operational considerations make such 

protection essential to the conduct of official Department 

of Defense business. 

(2) PERSONNEL.—Individuals authorized to receive physical 

protection and personal security under this subsection include 

the following: 

(A) Any official, military member, or employee of the 

Department of Defense. 

(B) A former or retired official who faces serious and 

credible threats arising from duties performed while 

employed by the Department for a period of up to two 

years beginning on the date on which the official separates 

from the Department. 

(C) A head of a foreign state, an official representative 

of a foreign government, or any other distinguished foreign 

visitor to the United States who is primarily conducting 

official business with the Department of Defense. 

(D) Any member of the immediate family of a person 

authorized to receive physical protection and personal security under this section. 

(E) An individual who has been designated by the 

President, and who has received the advice and consent 

of the Senate, to serve as Secretary of Defense, but who 

has not yet been appointed as Secretary of Defense. 

(3) LIMITATION ON DELEGATION.—The authority of the Secretary of Defense to authorize the provision of physical protection and personal security under this subsection may be delegated only to the Deputy Secretary of Defense. 

(4) REQUIREMENT FOR WRITTEN DETERMINATION.—A determination of the Secretary of Defense to provide physical protection and personal security under this subsection shall be in 

writing, shall be based on a threat assessment by an appropriate law enforcement, security, or intelligence organization, 

and shall include the name and title of the officer, employee, 

or other individual affected, the reason for such determination, 

the duration of the authorized protection and security for such 

officer, employee, or individual, and the nature of the arrangements for the protection and security. 

(5) DURATION OF PROTECTION.— 

(A) INITIAL PERIOD OF PROTECTION.—After making a 

written determination under paragraph (4), the Secretary 

of Defense may provide protection and security to an individual under this subsection for an initial period of not 

more than 90 calendar days. 

(B) SUBSEQUENT PERIOD.—If, at the end of the period 

that protection and security is provided to an individual 

under subsection (A), the Secretary determines that a 

condition described in subparagraph (A) or (B) of paragraph 

(1) continues to exist with respect to the individual, the 

Secretary may extend the period that such protection and 

security is provided for additional 60-day periods. The Secretary shall review such a determination at the end of 


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each 60-day period to determine whether to continue to 

provide such protection and security. 

(C) REQUIREMENT FOR COMPLIANCE WITH REGULATIONS.—Protection and personal security provided under 

subparagraph (B) shall be provided in accordance with 

the regulations and guidelines referred to in paragraph 

(1). 

(6) SUBMISSION TO CONGRESS.— 

(A) IN GENERAL.—The Secretary of Defense shall 

submit to the congressional defense committees each determination made under paragraph (4) to provide protection 

and security to an individual and of each determination 

under paragraph (5)(B) to extend such protection and security, together with the justification for such determination, 

not later than 15 days after the date on which the determination is made. 

(B) FORM OF REPORT.—A report submitted under 

subparagraph (A) may be made in classified form. 

(C) REGULATIONS AND GUIDELINES.—The Secretary of 

Defense shall submit to the congressional defense committees the regulations and guidelines prescribed pursuant 

to paragraph (1) not less than 20 days before the date 

on which such regulations take effect. 

(c) DEFINITIONS.—In this section: 

(1) CONGRESSIONAL DEFENSE COMMITTEES.—The term 

‘‘congressional defense committees’’ means the Committee on 

Appropriations and the Committee on Armed Services of the 

Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives. 

(2) QUALIFIED MEMBERS OF THE ARMED FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.— 

The terms ‘‘qualified members of the Armed Forces’’ and ‘‘qualified civilian employees of the Department of Defense’’ refer 

collectively to members or employees who are assigned to investigative, law enforcement, or security duties of any of the following: 

(A) The Army Criminal Investigation Command. 

(B) The Naval Criminal Investigative Service. 

(C) The Air Force Office of Special Investigations. 

(D) The Defense Criminal Investigative Service. 

(E) The Pentagon Force Protection Agency. 

(d) CONSTRUCTION.— 

(1) NO ADDITIONAL LAW ENFORCEMENT OR ARREST

AUTHORITY.—Other than the authority to provide protection 

and security under this section, nothing in this section may 

be construed to bestow any additional law enforcement or arrest 

authority upon the qualified members of the Armed Forces 

and qualified civilian employees of the Department of Defense. 

(2) POSSE COMITATUS.—Nothing in this section shall be 

construed to abridge section 1385 of title 18, United States 

Code. 

(3) AUTHORITIES OF OTHER DEPARTMENTS.—Nothing in this 

section may be construed to preclude or limit, in any way, 

the express or implied powers of the Secretary of Defense 

or other Department of Defense officials, or the duties and 

authorities of the Secretary of State, the Director of the United 

Deadline. 


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States Secret Service, the Director of the United States Marshals Service, or any other Federal law enforcement agency. 

SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO 

ASSESS THE THREAT TO THE UNITED STATES FROM 

ELECTROMAGNETIC PULSE ATTACK. 

(a) EXTENSION OF DATE OF SUBMITTAL OF FINAL REPORT.— 

Section 1403(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 50 U.S.C. 2301 note) is amended by striking ‘‘June 30, 

2007’’ and inserting ‘‘November 30, 2008’’. 

(b) COORDINATION OF WORK WITH DEPARTMENT OF HOMELAND

SECURITY.—Section 1404 of such Act is amended by adding at 

the end the following new subsection: 

‘‘(c) COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.—The Commission and the Secretary of Homeland Security 

shall jointly ensure that the work of the Commission with respect 

to electromagnetic pulse attack on electricity infrastructure, and 

protection against such attack, is coordinated with Department 

of Homeland Security efforts on such matters.’’. 

(c) LIMITATION ON DEPARTMENT OF DEFENSE FUNDING.—The 

aggregate amount of funds provided by the Department of Defense 

to the Commission to Assess the Threat to the United States 

from Electromagnetic Pulse Attack for purposes of the preparation 

and submittal of the final report required by section 1403(a) of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as amended by subsection (a)), whether by transfer 

or otherwise and including funds provided the Commission before 

the date of the enactment of this Act, shall not exceed $5,600,000. 

SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION 

RESEARCH PROGRAM. 

It is the sense of Congress that— 

(1) the Department of Defense’s Small Business Innovation 

Research program has been effective in supporting the performance of the missions of the Department of Defense, by stimulating technological innovation through investments in small 

business research activities; 

(2) the Department of Defense’s Small Business Innovation 

Research program has transitioned a number of technologies 

and systems into operational use by warfighters; and 

(3) the Department of Defense’s Small Business Innovation 

Research program should be reauthorized so as to ensure that 

the program’s activities can continue seamlessly, efficiently, 

and effectively. 

SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION. 

Subsection (c) of section 2245 of title 10, United States Code, 

is amended to read as follows: 

‘‘(c) In this section, the term ‘proficiency flying’ means flying 

performed under competent orders by a rated or designated member 

of the armed forces while serving in a non-aviation assignment 

or in an assignment in which skills would normally not be maintained in the performance of assigned duties.’’. 


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SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER CONTRACT WITH THE ARMED FORCES. 

(a) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(41)(E) 

of title 49, United States Code, is amended— 

(1) by inserting ‘‘or other commercial air service’’ after 

‘‘transportation’’; and 

(2) by adding at the end the following: ‘‘In the preceding 

sentence, the term ‘other commercial air service’ means an 

aircraft operation that (i) is within the United States territorial 

airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to 

the public, and (iii) must comply with all applicable civil aircraft 

rules under title 14, Code of Federal Regulations.’’. 

(b) AIRCRAFT OPERATED BY THE ARMED FORCES.—Section 

40125(c)(1)(C) of such title is amended by inserting ‘‘or other 

commercial air service’’ after ‘‘transportation’’. 

(c) CONFORMING AMENDMENTS.— 

(1) Section 40125(b) of such title is amended by striking 

‘‘40102(a)(37)’’ and inserting ‘‘40102(a)(41)’’. 

(2) Section 40125(c)(1) of such title is amended by striking 

‘‘40102(a)(37)(E)’’ and inserting ‘‘40102(a)(41)(E)’’. 

SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED 

SERVICES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES. 

(a) REQUESTS OF COMMITTEES.—The Director of the National 

Counterterrorism Center, the Director of a national intelligence 

center, or the head of any element of the intelligence community 

shall, not later than 45 days after receiving a written request 

from the Chair or ranking minority member of the Committee 

on Armed Services of the Senate or the Committee on Armed 

Services of the House of Representatives for any existing intelligence assessment, report, estimate, or legal opinion relating to 

matters within the jurisdiction of such Committee, make available 

to such committee such assessment, report, estimate, or legal 

opinion, as the case may be. 

(b) ASSERTION OF PRIVILEGE.— 

(1) IN GENERAL.—In response to a request covered by subsection (a), the Director of the National Counterterrorism 

Center, the Director of a national intelligence center, or the 

head of any element of the intelligence community shall provide 

to the Committee making such request the document or 

information covered by such request unless the President determines that such document or information shall not be provided 

because the President is asserting a privilege pursuant to the 

Constitution of the United States. 

(2) SUBMISSION TO CONGRESS.—The White House Counsel 

shall submit to Congress in writing any assertion by the President under paragraph (1) of a privilege pursuant to the Constitution. 

(c) DEFINITIONS.—In this section: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given the term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 401a(4)). 

(2) INTELLIGENCE ASSESSMENT.—The term ‘‘intelligence 

assessment’’ means an intelligence-related analytical study of 

President. 

Deadline. 

Reports. 


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a subject of policy significance and does not include buildingblock papers, research projects, and reference aids. 

(3) INTELLIGENCE ESTIMATE.—The term ‘‘intelligence estimate’’ means an appraisal of available intelligence relating 

to a specific situation or condition with a view to determining 

the courses of action open to an enemy or potential enemy 

and the probable order of adoption of such courses of action. 

SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF 

RECIPROCAL FIRE PROTECTION SERVICES. 

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 

67; 42 U.S.C. 1856d) is amended— 

(1) by striking ‘‘Funds’’ and inserting ‘‘(a) Funds’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) Notwithstanding the provisions of subsection (a), all sums 

received for any Department of Defense activity for fire protection 

rendered pursuant to this Act shall be credited to the appropriation 

fund or account from which the expenses were paid. Amounts 

so credited shall be merged with funds in such appropriation fund 

or account and shall be available for the same purposes and subject 

to the same limitations as the funds with which the funds are 

merged.’’. 

SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 

REFUELING SUPPORT FOR THE AIR FORCE. 

(a) PILOT PROGRAM REQUIRED.—The Secretary of the Air Force 

shall conduct, as soon as practicable after the date of the enactment 

of this Act, a pilot program to assess the feasibility and advisability 

of utilizing commercial fee-for-service air refueling tanker aircraft 

for Air Force operations. The duration of the pilot program shall 

be at least five years after commencement of the program. 

(b) PURPOSE.— (1) IN GENERAL.—The pilot program required by subsection 

(a) shall evaluate the feasibility of fee-for-service air refueling 

to support, augment, or enhance the air refueling mission of 

the Air Force by utilizing commercial air refueling providers 

on a fee-for-service basis. 

(2) ELEMENTS.—In order to achieve the purpose of the 

pilot program, the Secretary of the Air Force shall— 

(A) demonstrate and validate a comprehensive strategy 

for air refueling on a fee-for-service basis by evaluating 

all mission areas, including testing support, training support to receiving aircraft, homeland defense support, 

deployment support, air bridge support, aeromedical evacuation, and emergency air refueling; and 

(B) integrate fee-for-service air refueling described in 

paragraph (1) into Air Mobility Command operations 

during the evaluation and execution phases of the pilot 

program. 

(c) ANNUAL REPORT.—The Secretary of the Air Force shall 

provide to the congressional defense committees an annual report 

on the fee-for-service air refueling program, which includes— 

(1) information with respect to— 

(A) missions flown; 

(B) mission areas supported; 

(C) aircraft number, type, model series supported; 

(D) fuel dispensed; 

(E) departure reliability rates; and 


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(F) the annual and cumulative cost to the Government 

for the program, including a comparison of costs of the 

same service provided by the Air Force; 

(2) an assessment of the impact of outsourcing air refueling 

on the Air Force’s flying hour program and aircrew training; 

and 

(3) any other data that the Secretary determines is appropriate for evaluating the performance of the commercial air 

refueling providers participating in the pilot program. 

(d) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

shall submit to the congressional defense committees— 

(1) an annual review of the conduct of the pilot program 

under this section and any recommendations of the Comptroller 

General for improving the program; and 

(2) not later than 90 days after the completion of the 

pilot program, a final assessment of the results of the pilot 

program and the recommendations of the Comptroller General 

for whether the Secretary of the Air Force should continue 

to utilize fee-for-service air refueling. 

SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS. 

(a) IN GENERAL.—The Secretary of Defense shall establish an 

advisory panel to carry out an assessment of the capabilities of 

the Department of Defense to provide support to United States 

civil authorities in the event of a chemical, biological, radiological, 

nuclear, or high-yield explosive (CBRNE) incident. 

(b) PANEL MATTERS.— 

(1) IN GENERAL.—The advisory panel required by subsection 

(a) shall consist of individuals appointed by the Secretary of 

Defense (in consultation with the chairmen and ranking members of the Committees on Armed Services of the Senate and 

the House of Representatives) from among private citizens of 

the United States with expertise in the legal, operational, and 

organizational aspects of the management of the consequences 

of a chemical, biological, radiological, nuclear, or high-yield 

explosive incident. 

(2) DEADLINE FOR APPOINTMENT.—All members of the 

advisory panel shall be appointed under this subsection not 

later than 30 days after the date on which the Secretary enters 

into the contract required by subsection (c). 

(3) INITIAL MEETING.—The advisory panel shall conduct 

its first meeting not later than 30 days after the date that 

all appointments to the panel have been made under this 

subsection. 

(4) PROCEDURES.—The advisory panel shall carry out its 

duties under this section under procedures established under 

subsection (c) by the federally funded research and development 

center with which the Secretary contracts under that subsection. Such procedures shall include procedures for the selection of a chairman of the advisory panel from among its members. 

(c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER.— (1) IN GENERAL.—The Secretary of Defense shall enter into 

a contract with a federally funded research and development 

Contracts. 

Deadline. 

Deadline. 


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center for the provision of support and assistance to the 

advisory panel required by subsection (a) in carrying out its 

duties under this section. Such support and assistance shall 

include the establishment of the procedures of the advisory 

panel under subsection (b)(4). 

(2) DEADLINE FOR CONTRACT.—The Secretary shall enter 

into the contract required by this subsection not later than 

60 days after the date of the enactment of this Act. 

(d) DUTIES OF PANEL.—The advisory panel required by subsection (a) shall— 

(1) evaluate the authorities and capabilities of the Department of Defense to conduct operations in support to United 

States civil authorities in the event of a chemical, biological, 

radiological, nuclear, or high-yield explosive incident, including 

the authorities and capabilities of the military departments, 

the Defense Agencies, the combatant commands, any supporting 

commands, and the reserve components of the Armed Forces 

(including the National Guard in a Federal and non-Federal 

status); 

(2) assess the adequacy of existing plans and programs 

of the Department of Defense for training and equipping dedicated, special, and general purposes forces for conducting operations described in paragraph (1) across a broad spectrum 

of scenarios, including current National Planning Scenarios 

as applicable; 

(3) assess policies, directives, and plans of the Department 

of Defense in support of civilian authorities in managing the 

consequences of a chemical, biological, radiological, nuclear, 

or high-yield explosive incident; 

(4) assess the adequacy of policies and structures of the 

Department of Defense for coordination with other department 

and agencies of the Federal Government, especially the Department of Homeland Security, the Department of Energy, the 

Department of Justice, and the Department of Health and 

Human Services, in the provision of support described in paragraph (1); 

(5) assess the adequacy and currency of information available to the Department of Defense, whether directly or through 

other departments and agencies of the Federal Government, 

from State and local governments in circumstances where the 

Department provides support described in paragraph (1) 

because State and local response capabilities are not fully adequate for a comprehensive response; 

(6) assess the equipment capabilities and needs of the 

Department of Defense to provide support described in paragraph (1); 

(7) develop recommendations for modifying the capabilities, 

plans, policies, equipment, and structures evaluated or assessed 

under this subsection in order to improve the provision by 

the Department of Defense of the support described in paragraph (1); and 

(8) assess and make recommendations on— 

(A) whether there should be any additional Weapons 

of Mass Destruction Civil Support Teams, beyond the 55 

already authorized and, if so, how many additional Civil 

Support Teams, and where they should be located; and 


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(B) what criteria and considerations are appropriate 

to determine whether additional Civil Support Teams are 

needed and, if so, where they should be located. 

(e) COOPERATION OF OTHER AGENCIES.— (1) IN GENERAL.—The advisory panel required by subsection 

(a) may secure directly from the Department of Defense, the 

Department of Homeland Security, the Department of Energy, 

the Department of Justice, the Department of Health and 

Human Services, and any other department or agency of the 

Federal Government information that the panel considers necessary for the panel to carry out its duties. 

(2) COOPERATION.—The Secretary of Defense, the Secretary 

of Homeland Secretary, the Secretary of Energy, the Attorney 

General, the Secretary of Health and Human Services, and 

any other official of the United States shall provide the advisory 

panel with full and timely cooperation in carrying out its duties 

under this section. 

(f) REPORT.—Not later than 12 months after the date of the 

initial meeting of the advisory panel required by subsection (a), 

the advisory panel shall submit to the Secretary of Defense, and 

to the Committees on Armed Services of the Senate and the House 

of Representatives, a report on activities under this section. The 

report shall set forth— 

(1) the findings, conclusions, and recommendations of the 

advisory panel for improving the capabilities of the Department 

of Defense to provide support to United States civil authorities 

in the event of a chemical, biological, radiological, nuclear, 

or high-yield explosive incident; and 

(2) such other findings, conclusions, and recommendations 

for improving the capabilities of the Department for homeland 

defense as the advisory panel considers appropriate. 

SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 

(a) TERRORISM EXCEPTION TO IMMUNITY.— 

(1) IN GENERAL.—Chapter 97 of title 28, United States 

Code, is amended by inserting after section 1605 the following: 

‘‘§ 1605A. Terrorism exception to the jurisdictional immunity 

of a foreign state 

‘‘(a) IN GENERAL.— 

‘‘(1) NO IMMUNITY.—A foreign state shall not be immune 

from the jurisdiction of courts of the United States or of the 

States in any case not otherwise covered by this chapter in 

which money damages are sought against a foreign state for 

personal injury or death that was caused by an act of torture, 

extrajudicial killing, aircraft sabotage, hostage taking, or the 

provision of material support or resources for such an act 

if such act or provision of material support or resources is 

engaged in by an official, employee, or agent of such foreign 

state while acting within the scope of his or her office, employment, or agency. 

‘‘(2) CLAIM HEARD.—The court shall hear a claim under 

this section if— 

‘‘(A)(i)(I) the foreign state was designated as a state 

sponsor of terrorism at the time the act described in paragraph (1) occurred, or was so designated as a result of 

such act, and, subject to subclause (II), either remains 


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so designated when the claim is filed under this section 

or was so designated within the 6-month period before 

the claim is filed under this section; or 

‘‘(II) in the case of an action that is refiled under 

this section by reason of section 1083(c)(2)(A) of the 

National Defense Authorization Act for Fiscal Year 2008 

or is filed under this section by reason of section 1083(c)(3) 

of that Act, the foreign state was designated as a state 

sponsor of terrorism when the original action or the related 

action under section 1605(a)(7) (as in effect before the 

enactment of this section) or section 589 of the Foreign 

Operations, Export Financing, and Related Programs 

Appropriations Act, 1997 (as contained in section 101(c) 

of division A of Public Law 104–208) was filed; 

‘‘(ii) the claimant or the victim was, at the time the 

act described in paragraph (1) occurred— 

‘‘(I) a national of the United States; 

‘‘(II) a member of the armed forces; or 

‘‘(III) otherwise an employee of the Government 

of the United States, or of an individual performing 

a contract awarded by the United States Government, 

acting within the scope of the employee’s employment; 

and 

‘‘(iii) in a case in which the act occurred in the foreign 

state against which the claim has been brought, the claimant has afforded the foreign state a reasonable opportunity 

to arbitrate the claim in accordance with the accepted 

international rules of arbitration; or 

‘‘(B) the act described in paragraph (1) is related to 

Case Number 1:00CV03110 (EGS) in the United States 

District Court for the District of Columbia. 

‘‘(b) LIMITATIONS.—An action may be brought or maintained 

under this section if the action is commenced, or a related action 

was commenced under section 1605(a)(7) (before the date of the 

enactment of this section) or section 589 of the Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 1997 

(as contained in section 101(c) of division A of Public Law 104– 

208) not later than the latter of— 

‘‘(1) 10 years after April 24, 1996; or 

‘‘(2) 10 years after the date on which the cause of action 

arose. 

‘‘(c) PRIVATE RIGHT OF ACTION.—A foreign state that is or 

was a state sponsor of terrorism as described in subsection 

(a)(2)(A)(i), and any official, employee, or agent of that foreign 

state while acting within the scope of his or her office, employment, 

or agency, shall be liable to— 

‘‘(1) a national of the United States, 

‘‘(2) a member of the armed forces, 

‘‘(3) an employee of the Government of the United States, 

or of an individual performing a contract awarded by the United 

States Government, acting within the scope of the employee’s 

employment, or 

‘‘(4) the legal representative of a person described in paragraph (1), (2), or (3), 

for personal injury or death caused by acts described in subsection 

(a)(1) of that foreign state, or of an official, employee, or agent 

of that foreign state, for which the courts of the United States 


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may maintain jurisdiction under this section for money damages. 

In any such action, damages may include economic damages, 

solatium, pain and suffering, and punitive damages. In any such 

action, a foreign state shall be vicariously liable for the acts of 

its officials, employees, or agents. 

‘‘(d) ADDITIONAL DAMAGES.—After an action has been brought 

under subsection (c), actions may also be brought for reasonably 

foreseeable property loss, whether insured or uninsured, third party 

liability, and loss claims under life and property insurance policies, 

by reason of the same acts on which the action under subsection 

(c) is based. 

‘‘(e) SPECIAL MASTERS.— 

‘‘(1) IN GENERAL.—The courts of the United States may 

appoint special masters to hear damage claims brought under 

this section. 

‘‘(2) TRANSFER OF FUNDS.—The Attorney General shall 

transfer, from funds available for the program under section 

1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), 

to the Administrator of the United States district court in 

which any case is pending which has been brought or maintained under this section such funds as may be required to 

cover the costs of special masters appointed under paragraph 

(1). Any amount paid in compensation to any such special 

master shall constitute an item of court costs. 

‘‘(f) APPEAL.—In an action brought under this section, appeals 

from orders not conclusively ending the litigation may only be 

taken pursuant to section 1292(b) of this title. 

‘‘(g) PROPERTY DISPOSITION.— 

‘‘(1) IN GENERAL.—In every action filed in a United States 

district court in which jurisdiction is alleged under this section, 

the filing of a notice of pending action pursuant to this section, 

to which is attached a copy of the complaint filed in the action, 

shall have the effect of establishing a lien of lis pendens upon 

any real property or tangible personal property that is— 

‘‘(A) subject to attachment in aid of execution, or execution, under section 1610; 

‘‘(B) located within that judicial district; and 

‘‘(C) titled in the name of any defendant, or titled 

in the name of any entity controlled by any defendant 

if such notice contains a statement listing such controlled 

entity. 

‘‘(2) NOTICE.—A notice of pending action pursuant to this 

section shall be filed by the clerk of the district court in the 

same manner as any pending action and shall be indexed 

by listing as defendants all named defendants and all entities 

listed as controlled by any defendant. 

‘‘(3) ENFORCEABILITY.—Liens established by reason of this 

subsection shall be enforceable as provided in chapter 111 

of this title. 

‘‘(h) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘aircraft sabotage’ has the meaning given 

that term in Article 1 of the Convention for the Suppression 

of Unlawful Acts Against the Safety of Civil Aviation; 

‘‘(2) the term ‘hostage taking’ has the meaning given that 

term in Article 1 of the International Convention Against the 

Taking of Hostages; 


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‘‘(3) the term ‘material support or resources’ has the 

meaning given that term in section 2339A of title 18; 

‘‘(4) the term ‘armed forces’ has the meaning given that 

term in section 101 of title 10; 

‘‘(5) the term ‘national of the United States’ has the 

meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); 

‘‘(6) the term ‘state sponsor of terrorism’ means a country 

the government of which the Secretary of State has determined, 

for purposes of section 6(j) of the Export Administration Act 

of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the 

Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided 

support for acts of international terrorism; and 

‘‘(7) the terms ‘torture’ and ‘extrajudicial killing’ have the 

meaning given those terms in section 3 of the Torture Victim 

Protection Act of 1991 (28 U.S.C. 1350 note).’’. 

(2) AMENDMENT TO CHAPTER ANALYSIS.—The table of sections at the beginning of chapter 97 of title 28, United States 

Code, is amended by inserting after the item relating to section 

1605 the following: 

‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) GENERAL EXCEPTION.—Section 1605 of title 28, United 

States Code, is amended— 

(A) in subsection (a)— 

(i) in paragraph (5)(B), by inserting ‘‘or’’ after the 

semicolon; 

(ii) in paragraph (6)(D), by striking ‘‘; or’’ and 

inserting a period; and 

(iii) by striking paragraph (7); 

(B) by repealing subsections (e) and (f); and 

(C) in subsection (g)(1)(A), by striking ‘‘but for subsection (a)(7)’’ and inserting ‘‘but for section 1605A’’. 

(2) COUNTERCLAIMS.—Section 1607(a) of title 28, United 

States Code, is amended by inserting ‘‘or 1605A’’ after ‘‘1605’’. 

(3) PROPERTY.—Section 1610 of title 28, United States Code, 

is amended— 

(A) in subsection (a)(7), by striking ‘‘1605(a)(7)’’ and 

inserting ‘‘1605A’’; 

(B) in subsection (b)(2), by striking ‘‘(5), or (7), or 

1605(b)’’ and inserting ‘‘or (5), 1605(b), or 1605A’’; 

(C) in subsection (f), in paragraphs (1)(A) and (2)(A), 

by inserting ‘‘(as in effect before the enactment of section 

1605A) or section 1605A’’ after ‘‘1605(a)(7)’’; and 

(D) by adding at the end the following: 

‘‘(g) PROPERTY IN CERTAIN ACTIONS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (3), the property 

of a foreign state against which a judgment is entered under 

section 1605A, and the property of an agency or instrumentality 

of such a state, including property that is a separate juridical 

entity or is an interest held directly or indirectly in a separate 

juridical entity, is subject to attachment in aid of execution, 

and execution, upon that judgment as provided in this section, 

regardless of— 


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‘‘(A) the level of economic control over the property 

by the government of the foreign state; 

‘‘(B) whether the profits of the property go to that 

government; 

‘‘(C) the degree to which officials of that government 

manage the property or otherwise control its daily affairs; 

‘‘(D) whether that government is the sole beneficiary 

in interest of the property; or 

‘‘(E) whether establishing the property as a separate 

entity would entitle the foreign state to benefits in United 

States courts while avoiding its obligations. 

‘‘(2) UNITED STATES SOVEREIGN IMMUNITY INAPPLICABLE.— 

Any property of a foreign state, or agency or instrumentality 

of a foreign state, to which paragraph (1) applies shall not 

be immune from attachment in aid of execution, or execution, 

upon a judgment entered under section 1605A because the 

property is regulated by the United States Government by 

reason of action taken against that foreign state under the 

Trading With the Enemy Act or the International Emergency 

Economic Powers Act. 

‘‘(3) THIRD-PARTY JOINT PROPERTY HOLDERS.—Nothing in 

this subsection shall be construed to supersede the authority 

of a court to prevent appropriately the impairment of an 

interest held by a person who is not liable in the action giving 

rise to a judgment in property subject to attachment in aid 

of execution, or execution, upon such judgment.’’. 

(4) VICTIMS OF CRIME ACT.—Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended 

by striking ‘‘December 21, 1988 with respect to which an investigation or’’ and inserting ‘‘October 23, 1983, with respect to 

which an investigation or civil or criminal’’. 

(c) APPLICATION TO PENDING CASES.— 

(1) IN GENERAL.—The amendments made by this section 

shall apply to any claim arising under section 1605A of title 

28, United States Code. 

(2) PRIOR ACTIONS.— 

(A) IN GENERAL.—With respect to any action that— 

(i) was brought under section 1605(a)(7) of title 

28, United States Code, or section 589 of the Foreign 

Operations, Export Financing, and Related Programs 

Appropriations Act, 1997 (as contained in section 101(c) 

of division A of Public Law 104–208), before the date 

of the enactment of this Act, 

(ii) relied upon either such provision as creating 

a cause of action, 

(iii) has been adversely affected on the grounds 

that either or both of these provisions fail to create 

a cause of action against the state, and 

(iv) as of such date of enactment, is before the 

courts in any form, including on appeal or motion 

under rule 60(b) of the Federal Rules of Civil Procedure, 

that action, and any judgment in the action shall, on motion 

made by plaintiffs to the United States district court where 

the action was initially brought, or judgment in the action 

was initially entered, be given effect as if the action had 


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originally been filed under section 1605A(c) of title 28, 

United States Code. 

(B) DEFENSES WAIVED.—The defenses of res judicata, 

collateral estoppel, and limitation period are waived— 

(i) in any action with respect to which a motion 

is made under subparagraph (A), or 

(ii) in any action that was originally brought, 

before the date of the enactment of this Act, under 

section 1605(a)(7) of title 28, United States Code, or 

section 589 of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 

1997 (as contained in section 101(c) of division A of 

Public Law 104–208), and is refiled under section 

1605A(c) of title 28, United States Code, 

to the extent such defenses are based on the claim in 

the action. 

(C) TIME LIMITATIONS.—A motion may be made or an 

action may be refiled under subparagraph (A) only— 

(i) if the original action was commenced not later 

than the latter of— 

(I) 10 years after April 24, 1996; or 

(II) 10 years after the cause of action arose; 

and 

(ii) within the 60-day period beginning on the date 

of the enactment of this Act. 

(3) RELATED ACTIONS.—If an action arising out of an act 

or incident has been timely commenced under section 1605(a)(7) 

of title 28, United States Code, or section 589 of the Foreign 

Operations, Export Financing, and Related Programs Appropriations Act, 1997 (as contained in section 101(c) of division 

A of Public Law 104–208), any other action arising out of 

the same act or incident may be brought under section 1605A 

of title 28, United States Code, if the action is commenced 

not later than the latter of 60 days after— 

(A) the date of the entry of judgment in the original 

action; or 

(B) the date of the enactment of this Act. 

(4) PRESERVING THE JURISDICTION OF THE COURTS.— 

Nothing in section 1503 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11, 117 Stat. 

579) has ever authorized, directly or indirectly, the making 

inapplicable of any provision of chapter 97 of title 28, United 

States Code, or the removal of the jurisdiction of any court 

of the United States. 

(d) APPLICABILITY TO IRAQ.— 

(1) APPLICABILITY.—The President may waive any provision 

of this section with respect to Iraq, insofar as that provision 

may, in the President’s determination, affect Iraq or any agency 

or instrumentality thereof, if the President determines that— 

(A) the waiver is in the national security interest of 

the United States; 

(B) the waiver will promote the reconstruction of, the 

consolidation of democracy in, and the relations of the 

United States with, Iraq; and 

(C) Iraq continues to be a reliable ally of the United 

States and partner in combating acts of international terrorism. 

President. 

Waiver authority. 

Deadline. 


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(2) TEMPORAL SCOPE.—The authority under paragraph (1) 

shall apply— 

(A) with respect to any conduct or event occurring 

before or on the date of the enactment of this Act; 

(B) with respect to any conduct or event occurring 

before or on the date of the exercise of that authority; 

and 

(C) regardless of whether, or the extent to which, the 

exercise of that authority affects any action filed before, 

on, or after the date of the exercise of that authority 

or of the enactment of this Act. 

(3) NOTIFICATION TO CONGRESS.—A waiver by the President 

under paragraph (1) shall cease to be effective 30 days after 

it is made unless the President has notified Congress in writing 

of the basis for the waiver as determined by the President 

under paragraph (1). 

(4) SENSE OF CONGRESS.—It is the sense of the Congress 

that the President, acting through the Secretary of State, should 

work with the Government of Iraq on a state-to-state basis 

to ensure compensation for any meritorious claims based on 

terrorist acts committed by the Saddam Hussein regime against 

individuals who were United States nationals or members of 

the United States Armed Forces at the time of those terrorist 

acts and whose claims cannot be addressed in courts in the 

United States due to the exercise of the waiver authority under 

paragraph (1). 

(e) SEVERABILITY.—If any provision of this section or the amendments made by this section, or the application of such provision 

to any person or circumstance, is held invalid, the remainder of 

this section and such amendments, and the application of such 

provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Sec. 1101. Extension of authority to waive annual limitation on total compensation 

paid to Federal civilian employees working overseas under areas of 

United States Central Command. 

Sec. 1102. Continuation of life insurance coverage for Federal employees called to 

active duty. 

Sec. 1103. Transportation of dependents, household effects, and personal property 

to former home following death of Federal employee where death resulted from disease or injury incurred in the Central Command area of 

responsibility. 

Sec. 1104. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1105. Death gratuity authorized for Federal employees. 

Sec. 1106. Modifications to the National Security Personnel System. 

Sec. 1107. Requirement for full implementation of personnel demonstration project. 

Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and 

technical personnel. 

Sec. 1109. Pilot program for the temporary assignment of information technology 

personnel to private sector organizations. 

Sec. 1110. Compensation for Federal wage system employees for certain travel 

hours. 

Sec. 1111. Travel compensation for wage grade personnel. 

Sec. 1112. Accumulation of annual leave by senior level employees. 

Sec. 1113. Uniform allowances for civilian employees. 

President. 

Applicability. 


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Sec. 1114. Flexibility in setting pay for employees who move from a Department of 

Defense or Coast Guard nonappropriated fund instrumentality position 

to a position in the General Schedule pay system. 

Sec. 1115. Retirement service credit for service as cadet or midshipman at a military service academy. 

Sec. 1116. Authorization for increased compensation for faculty and staff of the 

Uniformed Services University of the Health Sciences. 

Sec. 1117. Report on establishment of a scholarship program for civilian mental 

health professionals. 

SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 

ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN 

EMPLOYEES WORKING OVERSEAS UNDER AREAS OF 

UNITED STATES CENTRAL COMMAND. 

(a) EXTENSION.—Section 1105 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3450), as amended by section 1105 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2409), is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘and 2007’’ and inserting ‘‘, 2007, and 

2008’’; and 

(B) by striking ‘‘Code).’’ and inserting ‘‘Code) or, during 

2008, a military operation (including a contingency operation, as so defined) or an operation in response to an 

emergency declared by the President.’’; and 

(2) in subsection (b), by striking ‘‘2007.’’ and inserting ‘‘2007 

or 2008.’’. 

(b) RETROACTIVE EFFECTIVE DATE.—The amendments made by 

subsection (a) shall take effect as of December 31, 2007. 

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

Section 8706 of title 5, United States Code, is amended— 

(1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d)(1) An employee who enters on approved leave without 

pay in the circumstances described in paragraph (2) may elect 

to have such employee’s life insurance continue (beyond the end 

of the 12 months of coverage provided for under subsection (a)) 

for an additional 12 months and arrange to pay currently into 

the Employees’ Life Insurance Fund, through such employee’s 

employing agency, both employee and agency contributions, from 

the beginning of that additional 12 months of coverage. The 

employing agency shall forward the premium payments to the Fund. 

If the employee does not so elect, such employee’s insurance will 

continue during nonpay status and stop as provided by subsection 

(a). An individual making an election under this subsection may 

cancel that election at any time, in which case such employee’s 

insurance will stop as provided by subsection (a) or upon receipt 

of notice of cancellation, whichever is later. 

‘‘(2) This subsection applies in the case of any employee who— 

‘‘(A) is a member of a reserve component of the armed 

forces called or ordered to active duty under a call or order 

that does not specify a period of 30 days or less; and 

‘‘(B) enters on approved leave without pay to perform active 

duty pursuant to such call or order.’’. 

Applicability. 


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SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, 

AND PERSONAL PROPERTY TO FORMER HOME FOLLOWING DEATH OF FEDERAL EMPLOYEE WHERE DEATH 

RESULTED FROM DISEASE OR INJURY INCURRED IN THE 

CENTRAL COMMAND AREA OF RESPONSIBILITY. 

(a) IN GENERAL.—Paragraph (2) of section 5742(b) of title 5, 

United States Code, is amended to read as follows: 

‘‘(2) the expense of transporting his dependents, including 

expenses of packing, crating, draying, and transporting household effects and other personal property to his former home 

or such other place as is determined by the head of the agency 

concerned, if— 

‘‘(A) the employee died while performing official duties 

outside the continental United States or in transit thereto 

or therefrom; or 

‘‘(B) in the case of an employee who was a party 

to a mandatory mobility agreement that was in effect when 

the employee died— 

‘‘(i) the employee died in the circumstances 

described in subparagraph (A); or 

‘‘(ii)(I) the employee died as a result of disease 

or injury incurred while performing official duties— 

‘‘(aa) in an overseas location that, at the time 

such employee was performing such official duties, 

was within the area of responsibility of the Commander of the United States Central Command; 

and 

‘‘(bb) in direct support of or directly related 

to a military operation, including a contingency 

operation (as defined in section 101(13) of title 

10) or an operation in response to an emergency 

declared by the President; and 

‘‘(II) the employee’s dependents were residing 

either outside the continental United States or within 

the continental United States when the employee died; 

and’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to deaths occurring on or after the date 

of the enactment of this Act. 

SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED 

ON DEPLOYMENT TEMPORARY CHANGE OF STATION. 

(a) AUTHORITY.—Subchapter II of chapter 57 of title 5, United 

States Code, is amended by inserting after section 5737 the following: 

‘‘§ 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— 


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‘‘(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 

‘‘(2) in the case of a covered employee, with respect to 

not more than one motor vehicle as of any given time. 

‘‘(d) RELATIONSHIP TO OTHER BENEFITS.—Any benefits under 

this section shall be in addition to (and not in lieu of) any other 

benefits for which the covered employee is otherwise eligible.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

57 of such title is amended by inserting after the item relating 

to section 5737 the following: 

‘‘5737a. Employees temporarily deployed in contingency operations.’’. 

SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES. 

(a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of title 5, 

United States Code, is amended by inserting after section 8102 

the following: 

‘‘§ 8102a. Death gratuity for injuries incurred in connection 

with employee’s service with an Armed Force 

‘‘(a) DEATH GRATUITY AUTHORIZED.—The United States shall 

pay a death gratuity of up to $100,000 to or for the survivor 

prescribed by subsection (d) immediately upon receiving official 

notification of the death of an employee who dies of injuries incurred 

in connection with the employee’s service with an Armed Force 

in a contingency operation. 

‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.—At the discretion of the Secretary concerned, subsection (a) may apply in the 

case of an employee who died, on or after October 7, 2001, and 

before the date of enactment of this section, as a result of injuries 

incurred in connection with the employee’s service with an Armed 

Force in the theater of operations of Operation Enduring Freedom 

or Operation Iraqi Freedom. 

‘‘(c) RELATIONSHIP TO OTHER BENEFITS.—The death gratuity 

payable under this section shall be reduced by the amount of 

any death gratuity provided under section 413 of the Foreign Service 

Act of 1980, section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane 

Recovery, 2006, or any other law of the United States based on 

the same death. 

‘‘(d) ELIGIBLE SURVIVORS.— 

Applicability. 


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‘‘(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). 

Effective date. 


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‘‘(5) If a person entitled to all or a portion of a death 

gratuity under paragraph (1) or (4) dies before the person 

receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by paragraph (1). 

‘‘(e) DEFINITIONS.—(1) The term ‘contingency operation’ has the 

meaning given to that term in section 1482a(c) of title 10, United 

States Code. 

‘‘(2) The term ‘employee’ has the meaning provided in section 

8101 of this title, but also includes a nonappropriated fund 

instrumentality employee, as defined in section 1587(a)(1) of title 

10.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title is amended by inserting after 

the item relating to section 8102 the following: 

‘‘8102a. Death gratuity for injuries incurred in connection with employee’s service 

with an Armed Force.’’. 

SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL 

SYSTEM. 

(a) IN GENERAL.—Section 9902 of title 5, United States Code, 

is amended to read as follows: 

‘‘§ 9902. Establishment of human resources management 

system 

‘‘(a) IN GENERAL.—The Secretary may, in regulations prescribed 

jointly with the Director, establish, and from time to time adjust, 

a human resources management system for some or all of the 

organizational or functional units of the Department of Defense. 

The human resources management system established under 

authority of this section shall be referred to as the ‘National Security 

Personnel System’. 

‘‘(b) SYSTEM REQUIREMENTS.—Any system established under 

subsection (a) shall— 

‘‘(1) be flexible; 

‘‘(2) be contemporary; 

‘‘(3) not waive, modify, or otherwise affect— 

‘‘(A) the public employment principles of merit and 

fitness set forth in section 2301, including the principles 

of hiring based on merit, fair treatment without regard 

to political affiliation or other nonmerit considerations, 

equal pay for equal work, and protection of employees 

against reprisal for whistleblowing; 

‘‘(B) any provision of section 2302, relating to prohibited personnel practices; 

‘‘(C)(i) any provision of law referred to in section 

2302(b)(1), (8), and (9); or 

‘‘(ii) any provision of law implementing any provision 

of law referred to in section 2302(b)(1), (8), and (9) by— 

‘‘(I) providing for equal employment opportunity 

through affirmative action; or 

‘‘(II) providing any right or remedy available to 

any employee or applicant for employment in the public 

service; 

‘‘(D) any other provision of this part (as described 

in subsection (d)); or 

‘‘(E) any rule or regulation prescribed under any provision of law referred to in this paragraph; 


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‘‘(4) not apply to any prevailing rate employees, as defined 

in section 5342(a)(2); 

‘‘(5) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own 

choosing in decisions which affect them, subject to any exclusion 

from coverage or limitation on negotiability established pursuant to law; 

‘‘(6) not be limited by any specific law or authority under 

this title, or by any rule or regulation prescribed under this 

title, that is waived in regulations prescribed under this 

chapter, subject to paragraph (3); and 

‘‘(7) include a performance management system that incorporates the following elements: 

‘‘(A) Adherence to merit principles set forth in section 

2301. 

‘‘(B) A fair, credible, and transparent employee 

performance appraisal system. 

‘‘(C) A link between the performance management 

system and the agency’s strategic plan. 

‘‘(D) A means for ensuring employee involvement in 

the design and implementation of the system. 

‘‘(E) Adequate training and retraining for supervisors, 

managers, and employees in the implementation and operation of the performance management system. 

‘‘(F) A process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and 

employees throughout the appraisal period, and setting 

timetables for review. 

‘‘(G) Effective safeguards to ensure that the management of the system is fair and equitable and based on 

employee performance. 

‘‘(H) A means for ensuring that adequate agency 

resources are allocated for the design, implementation, and 

administration of the performance management system. 

‘‘(I) A pay-for-performance evaluation system to better 

link individual pay to performance, and provide an equitable method for appraising and compensating employees. 

‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LABORATORIES.— 

‘‘(1) The National Security Personnel System shall not 

apply with respect to a laboratory under paragraph (2) before 

October 1, 2011, and shall apply on or after October 1, 2011, 

only to the extent that the Secretary determines that the flexibilities provided by the National Security Personnel System 

are greater than the flexibilities provided to those laboratories 

pursuant to section 342 of the National Defense Authorization 

Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) 

and section 1101 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note), 

respectively. 

‘‘(2) The laboratories to which this subsection applies are— 

‘‘(A) the Aviation and Missile Research Development 

and Engineering Center; 

‘‘(B) the Army Research Laboratory; 

‘‘(C) the Medical Research and Materiel Command; 

‘‘(D) the Engineer Research and Development Command; 

‘‘(E) the Communications-Electronics Command; 

Applicability. 


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‘‘(F) the Soldier and Biological Chemical Command; 

‘‘(G) the Naval Sea Systems Command Centers; 

‘‘(H) the Naval Research Laboratory; 

‘‘(I) the Office of Naval Research; and 

‘‘(J) the Air Force Research Laboratory. 

‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other provisions 

of this part referred to in subsection (b)(3)(D) are— 

‘‘(1) subparts A, B, E, G, and H of this part; and 

‘‘(2) chapters 41, 45, 47, 55 (except subchapter V thereof, 

apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and 

79, and this chapter. 

‘‘(e) LIMITATIONS RELATING TO PAY.— ‘‘(1) Nothing in this section shall constitute authority to 

modify the pay of any employee who serves in an Executive 

Schedule position under subchapter II of chapter 53. 

‘‘(2) Except as provided for in paragraph (1), the total 

amount in a calendar year of allowances, differentials, bonuses, 

awards, or other similar cash payments paid under this title 

to any employee who is paid under section 5376 or 5383 or 

under title 10 or under other comparable pay authority established for payment of Department of Defense senior executive 

or equivalent employees may not exceed the total annual compensation payable to the Vice President under section 104 

of title 3. 

‘‘(3) To the maximum extent practicable, the rates of compensation for civilian employees at the Department of Defense 

shall be adjusted at the same rate, and in the same proportion, 

as are rates of compensation for members of the uniformed 

services. 

‘‘(4) To the maximum extent practicable, for fiscal years 

2004 through 2012, the overall amount allocated for compensation of the civilian employees of an organizational or functional 

unit of the Department of Defense that is included in the 

National Security Personnel System shall not be less than 

the amount that would have been allocated for compensation 

of such employees for such fiscal year if they had not been 

converted to the National Security Personnel System, based 

on, at a minimum— 

‘‘(A) the number and mix of employees in such 

organizational or functional unit prior to the conversion 

of such employees to the National Security Personnel 

System; and 

‘‘(B) adjusted for normal step increases and rates of 

promotion that would have been expected, had such 

employees remained in their previous pay schedule. 

‘‘(5) To the maximum extent practicable, the regulations 

implementing the National Security Personnel System shall 

provide a formula for calculating the overall amount to be 

allocated for fiscal years after fiscal year 2012 for compensation 

of the civilian employees of an organization or functional unit 

of the Department of Defense that is included in the National 

Security Personnel System. The formula shall ensure that in 

the aggregate, employees are not disadvantaged in terms of 

the overall amount of pay available as a result of conversion 

to the National Security Personnel System, while providing 

flexibility to accommodate changes in the function of the 

organization, changes in the mix of employees performing those 


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functions, and other changed circumstances that might impact 

pay levels. 

‘‘(6) Amounts allocated for compensation of civilian 

employees of the Department of Defense pursuant to paragraphs (4) and (5) shall be available only for the purpose 

of providing such compensation. 

‘‘(7) At the time of any annual adjustment to pay schedules 

pursuant to section 5303, the rate of basic pay for each 

employee of an organizational or functional unit of the Department of Defense that is included in the National Security 

Personnel System who receives a performance rating above 

unacceptable or who does not have a current rating of record 

for the most recently completed appraisal period shall be 

adjusted by no less than 60 percent of the amount of such 

adjustment. The balance of the amount that would have been 

available for an annual adjustment under section 5303 shall 

be allocated to pay pool funding, for the purpose of increasing 

rates of pay on the basis of employee performance. 

‘‘(8) Each employee of an organizational or functional unit 

of the Department of Defense that is included in the National 

Security Personnel System who receives a performance rating 

above unacceptable or who does not have a current rating 

of record for the most recently completed appraisal period shall 

receive— 

‘‘(A) locality-based comparability payments under section 5304 and section 5304a in the same manner and 

to the same extent as employees under the General 

Schedule; or 

‘‘(B) the full measure of any other local market supplement applicable to the employee if locality-based comparability payments referred to in subparagraph (A) are 

not generally applicable to the employee. 

Nothing in this paragraph shall be construed to make localitybased comparability payments or other local market supplements payable to any category of employees or positions which 

were ineligible for such payments or supplements (as the case 

may be) as of the day before the date of the enactment of 

the National Defense Authorization Act for Fiscal Year 2004. 

‘‘(9) Any rate of pay established or adjusted in accordance 

with the requirements of this section shall be non-negotiable, 

but shall be subject to procedures and appropriate arrangements of paragraphs (2) and (3) of section 7106(b), except 

that nothing in this paragraph shall be construed to eliminate 

the bargaining rights of any category of employees who were 

authorized to negotiate rates of pay as of the day before the 

date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2004. 

‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL BARGAINING.— 

‘‘(1) The Secretary may bargain with a labor organization 

which has been accorded exclusive recognition under chapter 

71 at an organizational level above the level of exclusive recognition. The decision to bargain above the level of exclusive 

recognition shall not be subject to review. The Secretary shall 

consult with the labor organization before determining the 

appropriate organizational level of bargaining. 

‘‘(2) Any such bargaining shall— 

‘‘(A) address issues that are— 


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‘‘(i) subject to bargaining under chapter 71 and 

this chapter; 

‘‘(ii) applicable to multiple bargaining units; and 

‘‘(iii) raised by either party to the bargaining; 

‘‘(B) except as agreed by the parties or directed through 

an independent dispute resolution process agreed upon by 

the parties, be binding on all affected subordinate bargaining units of the labor organization at the level of recognition and their exclusive representatives, and the 

Department of Defense and its subcomponents, without 

regard to levels of recognition; 

‘‘(C) to the extent agreed by the parties or directed 

through an independent dispute resolution process agreed 

upon by the parties, supersede conflicting provisions of 

all other collective bargaining agreements of the labor 

organization, including collective bargaining agreements 

negotiated with an exclusive representative at the level 

of recognition; and 

‘‘(D) except as agreed by the parties or directed through 

an independent dispute resolution process agreed upon by 

the parties, not be subject to further negotiations for any 

purpose, including bargaining at the level of recognition. 

‘‘(3) Any independent dispute resolution process agreed to 

by the parties for the purposes of paragraph (2) shall have 

the authority to address all issues on which the parties are 

unable to reach agreement. 

‘‘(4) The National Guard Bureau and the Army and Air 

Force National Guard may be included in coverage under this 

subsection. 

‘‘(5) Any bargaining completed pursuant to this subsection 

with a labor organization not otherwise having national consultation rights with the Department of Defense or its subcomponents shall not create any obligation on the Department 

of Defense or its subcomponents to confer national consultation 

rights on such a labor organization. 

‘‘(g) PROVISIONS RELATED TO SEPARATION AND RETIREMENT

INCENTIVES.— 

‘‘(1) The Secretary may establish a program within the 

Department of Defense under which employees may be eligible 

for early retirement, offered separation incentive pay to separate from service voluntarily, or both. This authority may be 

used to reduce the number of personnel employed by the 

Department of Defense or to restructure the workforce to meet 

mission objectives without reducing the overall number of personnel. This authority is in addition to, and notwithstanding, 

any other authorities established by law or regulation for such 

programs. 

‘‘(2)(A) The Secretary may not authorize the payment of 

voluntary separation incentive pay under paragraph (1) to more 

than 25,000 employees in any fiscal year, except that employees 

who receive voluntary separation incentive pay as a result 

of a closure or realignment of a military installation under 

the Defense Base Closure and Realignment Act of 1990 (title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note) shall not 

be included in that number. 

‘‘(B) The Secretary shall prepare a report each fiscal year 

setting forth the number of employees who received such pay 

Reports. 


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as a result of a closure or realignment of a military base 

as described under subparagraph (A). 

‘‘(C) The Secretary shall submit the report under subparagraph (B) to the Committee on Armed Services and the Committee on Governmental Affairs of the Senate, and the Committee on Armed Services and the Committee on Government 

Reform of the House of Representatives. 

‘‘(3) For purposes of this section, the term ‘employee’ means 

an employee of the Department of Defense, serving under an 

appointment without time limitation, except that such term 

does not include— 

‘‘(A) a reemployed annuitant under subchapter III of 

chapter 83 or chapter 84, or another retirement system 

for employees of the Federal Government; 

‘‘(B) an employee having a disability on the basis of 

which such employee is or would be eligible for disability 

retirement under any of the retirement systems referred 

to in subparagraph (A); or 

‘‘(C) for purposes of eligibility for separation incentives 

under this section, an employee who is in receipt of a 

decision notice of involuntary separation for misconduct 

or unacceptable performance. 

‘‘(4) An employee who is at least 50 years of age and 

has completed 20 years of service, or has at least 25 years 

of service, may, pursuant to regulations promulgated under 

this section, apply and be retired from the Department of 

Defense and receive benefits in accordance with chapter 83 

or 84 if the employee has been employed continuously within 

the Department of Defense for more than 30 days before the 

date on which the determination to conduct a reduction or 

restructuring within 1 or more Department of Defense components is approved. 

‘‘(5)(A) Separation pay shall be paid in a lump sum or 

in installments and shall be equal to the lesser of — 

‘‘(i) an amount equal to the amount the employee would 

be entitled to receive under section 5595(c), if the employee 

were entitled to payment under such section; or 

‘‘(ii) $25,000. 

‘‘(B) Separation pay shall not be a basis for payment, 

and shall not be included in the computation, of any other 

type of Government benefit. Separation pay shall not be taken 

into account for the purpose of determining the amount of 

any severance pay to which an individual may be entitled 

under section 5595, based on any other separation. 

‘‘(C) Separation pay, if paid in installments, shall cease 

to be paid upon the recipient’s acceptance of employment by 

the Federal Government, or commencement of work under a 

personal services contract as described in paragraph (6). 

‘‘(6)(A) An employee who receives separation pay under 

such program may not be reemployed by the Department of 

Defense for a 12-month period beginning on the effective date 

of the employee’s separation, unless this prohibition is waived 

by the Secretary on a case-by-case basis. 

‘‘(B) An employee who receives separation pay under this 

section on the basis of a separation occurring on or after the 

date of the enactment of the Federal Workforce Restructuring 

Act of 1994 (Public Law 103–226; 108 Stat. 111) and accepts 


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employment with the Government of the United States, or 

who commences work through a personal services contract with 

the United States within 5 years after the date of the separation 

on which payment of the separation pay is based, shall be 

required to repay the entire amount of the separation pay 

to the Department of Defense. If the employment is with an 

Executive agency (as defined by section 105) other than the 

Department of Defense, the Director may, at the request of 

the head of that agency, waive the repayment if the individual 

involved possesses unique abilities and is the only qualified 

applicant available for the position. If the employment is within 

the Department of Defense, the Secretary may waive the repayment if the individual involved is the only qualified applicant 

available for the position. If the employment is with an entity 

in the legislative branch, the head of the entity or the 

appointing official may waive the repayment if the individual 

involved possesses unique abilities and is the only qualified 

applicant available for the position. If the employment is with 

the judicial branch, the Director of the Administrative Office 

of the United States Courts may waive the repayment if the 

individual involved possesses unique abilities and is the only 

qualified applicant available for the position. 

‘‘(7) Under this program, early retirement and separation 

pay may be offered only pursuant to regulations established 

by the Secretary, subject to such limitations or conditions as 

the Secretary may require. 

‘‘(h) PROVISIONS RELATING TO REEMPLOYMENT.— 

‘‘(1) Except as provided under paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement 

and Disability Fund becomes employed in a position within 

the Department of Defense, his annuity shall continue. An 

annuitant so reemployed shall not be considered an employee 

for purposes of subchapter III of chapter 83 or chapter 84. 

‘‘(2)(A) An annuitant retired under section 8336(d)(1) or 

8414(b)(1)(A) receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in a position 

within the Department of Defense after the date of enactment 

of the National Defense Authorization Act for Fiscal Year 2004 

(Public Law 108–136), may elect to be subject to section 8344 

or 8468 (as the case may be). 

‘‘(B) An election for coverage under this paragraph shall 

be filed not later than the later of 90 days after the date 

the Department of Defense— 

‘‘(i) prescribes regulations to carry out this subsection; 

or 

‘‘(ii) takes reasonable actions to notify employees who 

may file an election. 

‘‘(C) If an employee files an election under this paragraph, 

coverage shall be effective beginning on the first day of the 

first applicable pay period beginning on or after the date of 

the filing of the election. 

‘‘(D) Paragraph (1) shall apply to an individual who is 

eligible to file an election under subparagraph (A) and does 

not file a timely election under subparagraph (B). 

‘‘(3) The Secretary shall prescribe regulations to carry out 

this subsection. 

Regulations. 

Applicability. 

Effective date. 

Notification. 

Deadline. 


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‘‘(i) ADDITIONAL PROVISIONS RELATING TO PERSONNEL MANAGE- MENT.— ‘‘(1) Subject to the requirements of chapter 71 and the 

limitations in subsection (b)(3), the Secretary of Defense, in 

establishing and implementing the National Security Personnel 

System under subsection (a), shall not be limited by any provision of this title or any rule or regulation prescribed under 

this title in establishing and implementing regulations relating 

to— 

‘‘(A) the methods of establishing qualification requirements for, recruitment for, and appointments to positions; 

and 

‘‘(B) the methods of assigning, reassigning, detailing, 

transferring, or promoting employees. 

‘‘(2) In implementing this subsection, the Secretary shall 

comply with the provisions of section 2302(b)(11), regarding 

veterans’ preference requirements, as provided for in subsection 

(b)(3). 

‘‘(j) PHASE-IN.—The Secretary may not, in any calendar year, 

add any organizational or functional unit to the National Security 

Personnel System which would cause the total number of employees 

added to such System in such year to exceed 100,000.’’. 

(b) IMPLEMENTATION.— 

(1) The requirements of section 9902 of title 5, United 

States Code, as amended by this section, may be implemented 

through rules promulgated jointly by the Secretary of Defense 

and the Director of the Office of Personnel Management after 

notice and opportunity for public comment or through Department of Defense rules or internal agency implementing 

issuances. Rules promulgated jointly by the Secretary and the 

Director under this paragraph shall be treated as major rules 

for the purposes of section 801 of title 5, United States Code. 

(2) Both rules and implementing issuances shall be subject 

to collective bargaining consistent with the requirements of 

chapter 71 of title 5, United States Code. Rules promulgated 

jointly by the Secretary of Defense and the Director of the 

Office of Personnel Management after notice and opportunity 

for public comment and in accordance with the requirements 

of section 801 of such title 5 for a major rule shall be treated 

in the same manner as government-wide rules for the purpose 

of such collective bargaining, if such rules are uniformly 

applicable to all organizational or functional units included 

in the National Security Personnel System. 

(3) Any rules and implementing issuances that were 

adopted prior to the date of the enactment of this Act— 

(A) shall be invalid to the extent that they are inconsistent with the requirements of section 9902 of title 5, 

United States Code, as amended by this section; 

(B) shall not supersede a collective bargaining agreement that was in place prior to the date on which the 

rule or implementing issuance was promulgated; and 

(C) shall be subject to collective bargaining— 

(i) in the case of rules which are uniformly 

applicable to all organizational or functional units 

included in the National Security Personnel System 

and issued jointly by the Secretary of Defense and 

the Director of the Office of Personnel Management 

Regulations. 

Notification. 

Public comment. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 357 

pursuant to subsection 9902(f)(1) of title 5, United 

States Code (as in effect prior to the enactment of 

this section), only as to impact and implementation, 

when applied to employees of the Department of 

Defense from any bargaining unit; 

(ii) in the case of any other rules or implementing 

issuances, to the extent provided in chapter 71 of title 

5, United States Code. 

(4) The availability of judicial review of any rules or implementing issuances that were adopted prior to the date of the 

enactment of this Act shall not be affected by the enactment 

of this section. 

(c) COMPTROLLER GENERAL REVIEWS.— 

(1) The Comptroller General shall conduct annual reviews 

in calendar years 2008, 2009 and 2010 of— 

(A) employee satisfaction with the National Security 

Personnel System established pursuant to section 9902 

of title 5, United States Code, as amended by this section; 

and 

(B) the extent to which the Department of Defense 

has effectively implemented accountability mechanisms, 

including those established in section 9902(b)(7) of title 

5, United States Code, and internal safeguards for the 

National Security Personnel System. 

(2) To the extent that the Department of Defense undertakes internal assessments or employee surveys to assess 

employee satisfaction with the National Security Personnel 

System in any such calendar year, the Comptroller General 

shall— 

(A) determine whether such assessments or surveys 

are appropriately designed and statistically valid; and 

(B) provide an independent evaluation of the results 

of such assessments or surveys. 

(3) To the extent that the Department of Defense does 

not undertake appropriately designed and statistically valid 

employee surveys, the Comptroller General shall conduct such 

a survey and provide an independent evaluation of the results. 

(4) The Comptroller General shall report the results of 

each annual review conducted under this subsection to the 

Committees on Armed Services of the Senate and the House 

of Representatives, the Committee on Homeland Security and 

Governmental Affairs of the Senate, and the Committee on 

Oversight and Government Reform of the House of Representatives. 

SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PERSONNEL DEMONSTRATION PROJECT. 

(a) REQUIREMENT.—The Secretary of Defense shall take all 

necessary actions to fully implement and use the authorities provided to the Secretary under section 342(b) of the National Defense 

Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 

Stat. 2721), as amended by section 1114 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–315), to carry 

out personnel management demonstration projects at Department 

of Defense laboratories that are exempted by section 9902(c) of 

Reports. 


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title 5, United States Code, from inclusion in the Department of 

Defense National Security Personnel System. 

(b) PROCESS FOR FULL IMPLEMENTATION.—The Secretary of 

Defense shall also implement a process and implementation plan 

to fully utilize the authorities described in subsection (a) to enhance 

the performance of the missions of the laboratories. 

(c) OTHER LABORATORIES.—Any flexibility available to any demonstration laboratory shall be available for use at any other laboratory as enumerated in section 9902(c)(2) of title 5, United States 

Code. 

(d) SUBMISSION OF LIST AND DESCRIPTION.—Not later than 

March 1 of each year, beginning with March 1, 2008, the Secretary 

of Defense shall submit to Congress a list and description of the 

demonstration project notices, amendments, and changes requested 

by the laboratories during the preceding calendar year. The list 

shall include all approved and disapproved notices, amendments, 

and changes, and the reasons for disapproval or delay in approval. 

SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF 

DEFENSE RESEARCH AND ENGINEERING POSITIONS IN 

EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 

AND TECHNICAL PERSONNEL. 

Section 1101(b)(1) of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is 

amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by adding ‘‘and’’ at the end; and 

(3) by adding after subparagraph (C) the following: 

‘‘(D) not more than a total of 10 scientific and 

engineering positions in the Office of the Director of 

Defense Research and Engineering;’’. 

SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF 

INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE 

SECTOR ORGANIZATIONS. 

(a) ASSIGNMENT AUTHORITY.—The Secretary of Defense may, 

with the agreement of the private sector organization and the 

Department of Defense employee concerned, arrange for the temporary assignment of such employee to such private sector organization under this section. An employee shall be eligible for such 

an assignment only if— 

(1) the employee— 

(A) works in the field of information technology 

management; 

(B) is considered to be an exceptional employee; 

(C) is expected to assume increased information technology management responsibilities in the future; 

(D) is compensated at not less than the GS–11 level 

(or the equivalent); and 

(E) is serving under a career or career-conditional 

appointment or an appointment of equivalent tenure in 

the excepted service; and 

(2) the proposed assignment meets applicable requirements 

of section 209(b) of the E-Government Act of 2002 (44 U.S.C. 

3501 note). 

(b) AGREEMENTS.—The Secretary of Defense shall provide for 

a written agreement between the Department of Defense and the 

Deadline. 

Plan. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 359 

employee concerned regarding the terms and conditions of the 

employee’s assignment under this section. The agreement— 

(1) shall require that, upon completion of the assignment, 

the employee will serve in the civil service for a period equal 

to the length of the assignment; and 

(2) shall provide that if the employee fails to carry out 

the agreement, such employee shall be liable to the United 

States for payment of all expenses of the assignment, unless 

that failure was for good and sufficient reason (as determined 

by the Secretary of Defense). 

An amount for which an employee is liable under paragraph (2) 

shall be treated as a debt due the United States. 

(c) TERMINATION.—An assignment under this section may, at 

any time and for any reason, be terminated by the Department 

of Defense or the private sector organization concerned. 

(d) DURATION.—An assignment under this section shall be for 

a period of not less than 3 months and not more than 1 year, 

and may be extended in 3-month increments for a total of not 

more than 1 additional year; however, no assignment under this 

section may commence after September 30, 2010. 

(e) CONSIDERATIONS.—In carrying out this section, the Secretary of Defense— 

(1) shall ensure that, of the assignments made under this 

section each year, at least 20 percent are to small business 

concerns (as defined by section 3703(e)(2)(A) of title 5, United 

States Code); and 

(2) shall take into consideration the question of how assignments under this section might best be used to help meet 

the needs of the Department of Defense with respect to the 

training of employees in information technology management. 

(f) NUMERICAL LIMITATION.—In no event may more than 10 

employees be participating in assignments under this section as 

of any given time. 

(g) REPORTING REQUIREMENT.— 

(1) IN GENERAL.—Not later than 6 months after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate 

and House of Representatives a report on the potential benefits 

of a program under which employees specializing in information 

technology may be temporarily assigned from private sector 

organizations to the Department of Defense. 

(2) CONTENTS.—The report shall include— 

(A) a statement of findings and an explanation of the 

bases for those findings; 

(B) an assessment of the laws, rules, and processes 

relating to the prevention of conflicts of interest and abuse 

which would apply to private sector employees during the 

period of their assignment to the Department of Defense, 

and whether they need to be strengthened or otherwise 

changed; 

(C) mechanisms proposed for the governance and oversight of the program; and 

(D) recommendations for any legislation which may 

be necessary. 


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122 STAT. 360 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES 

FOR CERTAIN TRAVEL HOURS. 

Section 5544(a) of title 5, United States Code, is amended 

in clause (iv) (in the third sentence following paragraph (3)), by 

striking ‘‘administratively.’’ and inserting ‘‘administratively 

(including travel by the employee to such event and the return 

of the employee from such event to the employee’s official duty 

station).’’. 

SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL. 

(a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR TRAVEL.— Section 5550b(a) of title 5, United States Code, is amended by 

striking ‘‘section 5542(b)(2),’’ and inserting ‘‘any provision of section 

5542(b)(2) or 5544(a),’’. 

(b) CONFORMING AMENDMENT.—Section 5541(2)(xi) of such title 

is amended by striking ‘‘section 5544’’ and inserting ‘‘section 5544 

or 5550b’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the earlier of— 

(1) the effective date of any regulations prescribed to carry 

out such amendments; or 

(2) the 90th day after the date of the enactment of this 

Act. 

SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL 

EMPLOYEES. 

Section 6304(f)(1) of title 5, United States Code, is amended— 

(1) in the matter before subparagraph (A), by striking 

‘‘in a position in—’’ and inserting ‘‘in—’’; 

(2) in subparagraphs (A) through (E), by inserting ‘‘a position in’’ before ‘‘the’’; 

(3) in subparagraph (D), by striking ‘‘or’’ at the end; 

(4) in subparagraph (E), by striking the period and 

inserting a semicolon; and 

(5) by adding after subparagraph (E) the following: 

‘‘(F) a position to which section 5376 applies; or 

‘‘(G) a position designated under section 1607(a) of title 

10 as an Intelligence Senior Level position.’’. 

SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES. 

Section 1593(b) of title 10, United States Code, is amended 

by striking ‘‘$400 per year.’’ and inserting ‘‘$400 per year (or such 

higher maximum amount as the Secretary of Defense may by regulation prescribe).’’. 

SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE 

FROM A DEPARTMENT OF DEFENSE OR COAST GUARD 

NONAPPROPRIATED FUND INSTRUMENTALITY POSITION 

TO A POSITION IN THE GENERAL SCHEDULE PAY 

SYSTEM. 

Section 5334(f) of title 5, United States Code, is amended— 

(1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 

(2) in the first sentence, by striking ‘‘does not exceed’’ 

and all that follows through ‘‘2105(c).’’ and inserting the following: ‘‘does not exceed— 

‘‘(A) if the highest previous rate of basic pay received by 

that employee during the employee’s service described in section 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 361 

2105(c) is equal to a rate of the appropriate grade, such rate 

of the appropriate grade; 

‘‘(B) if the employee’s highest previous rate of basic pay 

(as described in subparagraph (A)) is between two rates of 

the appropriate grade, the higher of those two rates; or 

‘‘(C) if the employee’s highest previous rate of basic pay 

(as described in subparagraph (A)) exceeds the maximum rate 

of the appropriate grade, the maximum rate of the appropriate 

grade.’’; and 

(3) in the second sentence, by striking ‘‘In the case of’’ 

and inserting the following: 

‘‘(2) In the case of’’. 

SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET 

OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8331(13) of 

title 5, United States Code, is amended by striking ‘‘but’’ and 

inserting ‘‘and includes service as a cadet at the United States 

Military Academy, the United States Air Force Academy, or the 

United States Coast Guard Academy, or as a midshipman at the 

United States Naval Academy, but’’. 

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 

8401(31) of such title is amended by striking ‘‘but’’ and inserting 

‘‘and includes service as a cadet at the United States Military 

Academy, the United States Air Force Academy, or the United 

States Coast Guard Academy, or as a midshipman at the United 

States Naval Academy, but’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply to— 

(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of 

this Act; and 

(2) any period of service as a cadet at the United States 

Military Academy, the United States Air Force Academy, or 

the United States Coast Guard Academy, or as a midshipman 

at the United States Naval Academy, occurring before, on, 

or after the date of enactment of this Act. 

SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FACULTY AND STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. 

Section 2113(c) of title 10, United States Code, as redesignated 

by section 954(a)(3) of this Act, is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘(after due consideration by the Secretary)’’ before ‘‘so as’’; and 

(B) by striking ‘‘within the vicinity of the District of 

Columbia’’ and inserting ‘‘identified by the Secretary for 

purposes of this paragraph’’; and 

(2) in paragraph (4)— 

(A) by striking ‘‘section 5373’’ and inserting ‘‘sections 

5307 and 5373’’; and 

(B) by adding at the end the following new sentence: 

‘‘In no event may the total amount of compensation paid 

to an employee under paragraph (1) in any year (including 

salary, allowances, differentials, bonuses, awards, and 

other similar cash payments) exceed the total amount of 


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122 STAT. 362 PUBLIC LAW 110–181—JAN. 28, 2008 

annual compensation (excluding expenses) specified in section 102 of title 3.’’. 

SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM 

FOR CIVILIAN MENTAL HEALTH PROFESSIONALS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall, in 

consultation with the Assistant Secretary of Defense for Health 

Affairs and each of the Surgeons General of the Armed Forces, 

submit to Congress a report on the feasibility and advisability 

of establishing a scholarship program for civilian mental health 

professionals. 

(b) ELEMENTS.—The report shall include the following: 

(1) An assessment of a potential scholarship program that 

provides certain educational funding to students seeking a 

career in mental health services in exchange for service in 

the Department of Defense. 

(2) An assessment of current scholarship programs which 

may be expanded to include mental health professionals. 

(3) Recommendations regarding the establishment or 

expansion of scholarship programs for mental health professionals. 

(4) A plan to implement, or reasons for not implementing, 

recommendations that will increase mental health staffing 

across the Department of Defense. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Military-to-military contacts and comparable activities. 

Sec. 1202. Authority for support of military operations to combat terrorism. 

Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of 

certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 

Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for 

missing United States Government personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime 

shipping to foreign countries and international organizations. 

Sec. 1209. Report on foreign-assistance related programs carried out by the Department of Defense. 

Sec. 1210. Extension and enhancement of authority for security and stabilization 

assistance. 

Sec. 1211. Government Accountability Office report on Global Peace Operations Initiative. 

Sec. 1212. Repeal of limitations on military assistance under the American 

Servicemembers’ Protection Act of 2002. 

Subtitle B—Matters Relating to Iraq and Afghanistan 

Sec. 1221. Modification of authorities relating to the Office of the Special Inspector 

General for Iraq Reconstruction. 

Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1223. Report on United States policy and military operations in Iraq. 

Sec. 1224. Report on a comprehensive set of performance indicators and measures 

for progress toward military and political stability in Iraq. 

Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq. 

Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 

Sec. 1227. Sense of Congress on federalism in Iraq. 

Sec. 1228. Tracking and monitoring of defense articles provided to the Government 

of Iraq and other individuals and groups in Iraq. 


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Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1230. Report on progress toward security and stability in Afghanistan. 

Sec. 1231. United States plan for sustaining the Afghanistan National Security 

Forces. 

Sec. 1232. Report on enhancing security and stability in the region along the border of Afghanistan and Pakistan. 

Sec. 1233. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and 

Afghanistan. 

Subtitle C—Iraq Refugee Crisis 

Sec. 1241. Short title. 

Sec. 1242. Processing mechanisms. 

Sec. 1243. United States refugee program processing priorities. 

Sec. 1244. Special immigrant status for certain Iraqis. 

Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons. 

Sec. 1246. Countries with significant populations of Iraqi refugees. 

Sec. 1247. Motion to reopen denial or termination of asylum. 

Sec. 1248. Reports. 

Sec. 1249. Authorization of appropriations. 

Subtitle D—Other Authorities and Limitations 

Sec. 1251. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and 

friendly foreign countries. 

Sec. 1252. Extension and expansion of temporary authority to use acquisition and 

cross-servicing agreements to lend military equipment for personnel protection and survivability. 

Sec. 1253. Acceptance of funds from the Government of Palau for costs of United 

States military Civic Action Team in Palau. 

Sec. 1254. Repeal of requirement relating to North Korea. 

Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 

Sec. 1256. Extension of Counterproliferation Program Review Committee. 

Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Cooperation. 

Sec. 1258. Sense of Congress on Iran. 

Subtitle E—Reports 

Sec. 1261. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque. 

Sec. 1262. Report on United States policy toward Darfur, Sudan. 

Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on 

military power of the People’s Republic of China. 

Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians 

accompanying the Armed Forces during a time of declared war or contingency operation. 

Sec. 1265. Report on family reunions between United States citizens and their relatives in North Korea. 

Sec. 1266. Reports on prevention of mass atrocities. 

Sec. 1267. Report on threats to the United States from ungoverned areas. 

Subtitle A—Assistance and Training 

SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE 

ACTIVITIES. 

Section 168(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(9) The assignment of personnel described in paragraph 

(3) or (4) on a non-reciprocal basis if the Secretary of Defense 

determines that such an assignment, rather than an exchange 

of personnel, is in the interests of the United States.’’. 

SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO 

COMBAT TERRORISM. 

(a) MODIFICATION OF REPORTING REQUIREMENT.—Subsection (f) 

of section 1208 of the Ronald W. Reagan National Defense 


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Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2086–2087) is amended to read as follows: 

‘‘(f) ANNUAL REPORT.— 

‘‘(1) REPORT REQUIRED.—Not later than 120 days after the 

close of each fiscal year during which subsection (a) is in 

effect, the Secretary of Defense shall submit to the congressional defense committees a report on support provided under 

that subsection during that fiscal year. 

‘‘(2) MATTERS TO BE INCLUDED.—Each report required by 

paragraph (1) shall describe the support provided, including— 

‘‘(A) the country involved in the activity, the individual 

or force receiving the support, and, to the maximum extent 

practicable, the specific region of each country involved 

in the activity; 

‘‘(B) the respective dates and a summary of congressional notifications for each activity; 

‘‘(C) the unified commander for each activity, as well 

as the related objectives, as established by that commander; 

‘‘(D) the total amount obligated to provide the support; 

‘‘(E) for each activity that amounts to more than 

$500,000, specific budget details that explain the overall 

funding level for that activity; and 

‘‘(F) a statement providing a brief assessment of the 

outcome of the support, including specific indications of 

how the support furthered the mission objective of special 

operations forces and the types of follow-on support, if 

any, that may be necessary.’’. 

(b) ANNUAL LIMITATION.—Subsection (g) of such section is 

amended— 

(1) in the heading, by striking ‘‘FISCAL YEAR 2005’’ and 

inserting ‘‘ANNUAL’’; and 

(2) by striking ‘‘fiscal year 2005’’ and inserting ‘‘each fiscal 

year during which subsection (a) is in effect’’. 

(c) EXTENSION OF PERIOD OF AUTHORITY.—Subsection (h) of 

such section is amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 

SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES 

FOR LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS. 

(a) AUTHORITY.—Subsection (a) of section 1051a of title 10, 

United States Code, is amended— 

(1) by striking ‘‘involved in a coalition’’ and inserting 

‘‘involved in a military operation’’; and 

(2) by striking ‘‘coalition operation’’ and inserting ‘‘military 

operation’’. 

(b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES.— 

Subsection (b) of such section is amended— 

(1) in the heading, by striking ‘‘AND SUBSISTENCE’’ inserting 

‘‘, SUBSISTENCE, AND MEDICAL CARE’’; 

(2) in paragraph (2), by adding at the end the following: 

‘‘(C) Expenses for medical care at a civilian medical facility 

if— 

‘‘(i) adequate medical care is not available to the liaison 

officer at a local military medical treatment facility; 

‘‘(ii) the Secretary determines that payment of such 

medical expenses is necessary and in the best interests 

of the United States; and 


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‘‘(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: 

‘‘§ 1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, 

medical care, and other personal expenses’’. 

(2) The table of sections at the beginning of chapter 53 of 

title 10, United States Code, is amended by striking the item 

relating to section 1051a and inserting the following: 

‘‘1051a. Liaison officers of certain foreign nations; administrative services and support; travel, subsistence, medical care, and other personal expenses.’’. 

SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE 

AUTHORITY TO PARTICIPATE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1205 

of the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 1202 Stat. 2416) is amended by 

striking ‘‘fiscal year 2007’’ and inserting ‘‘fiscal years 2007 and 

2008’’. 

(b) LIMITATION ON AMOUNTS AVAILABLE FOR PARTICIPATION.— 

Subsection (e) of such section is amended by striking paragraph 

(2) and inserting the following new paragraph: 

‘‘(2) LIMITATION ON AMOUNT.—The amount available under 

paragraph (1)(A) for the expenses referred to in that paragraph 

may not exceed— 

‘‘(A) in fiscal year 2007, $3,000,000; and 

‘‘(B) in fiscal year 2008, $5,000,000.’’. 

(c) REPORTS.—Subsection (g) of such section is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘and October 31, 2008,’’ after ‘‘October 

31, 2007,’’; and 

(B) by striking ‘‘fiscal year 2007’’ and inserting ‘‘fiscal 

years 2007 and 2008’’; and 

(2) in paragraph (2)(A), by striking ‘‘during fiscal year 

2007’’ and inserting ‘‘during the preceding fiscal year’’. 


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SEC. 1205. REAUTHORIZATION OF COMMANDERS’ EMERGENCY 

RESPONSE PROGRAM. 

(a) AUTHORITY.—Subsection (a) of section 1202 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3455–3456) is amended— 

(1) in the heading, by striking ‘‘FISCAL YEARS 2006 AND

2007’’ and inserting ‘‘FISCAL YEARS 2008 AND 2009’’; and 

(2) in the matter preceding paragraph (1)— 

(A) by striking ‘‘fiscal years 2006 and 2007’’ and 

inserting ‘‘fiscal years 2008 and 2009’’; and 

(B) by striking ‘‘$500,000,000’’ and inserting 

‘‘$977,441,000’’. 

(b) QUARTERLY REPORTS.—Subsection (b) of such section is 

amended by striking ‘‘fiscal years 2006 and 2007’’ and inserting 

‘‘fiscal years 2008 and 2009’’. 

SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN 

FRONTIER CORPS. 

(a) AUTHORITY.—The Secretary of Defense, with the concurrence 

of the Secretary of State, is authorized during fiscal year 2008 

to provide assistance to enhance the ability of the Pakistan Frontier 

Corps to conduct counterterrorism operations along the border 

between Pakistan and Afghanistan. 

(b) TYPES OF ASSISTANCE.— 

(1) AUTHORIZED ELEMENTS.—Assistance under subsection 

(a) may include the provision of equipment, supplies, and 

training. 

(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 

shall be provided in a manner that promotes— 

(A) observance of and respect for human rights and 

fundamental freedoms; and 

(B) respect for legitimate civilian authority within 

Pakistan. 

(c) LIMITATIONS.— 

(1) FUNDING LIMITATION.—The Secretary of Defense may 

use up to $75,000,000 of funds available to the Department 

of Defense for operation and maintenance for fiscal year 2008 

to provide the assistance under subsection (a). 

(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Secretary of Defense may not use the authority in subsection 

(a) to provide any type of assistance described in subsection 

(b) that is otherwise prohibited by any provision of law. 

(d) CONGRESSIONAL NOTIFICATION.— 

(1) IN GENERAL.—Not less than 15 days before providing 

assistance under subsection (a), the Secretary of Defense shall 

submit to the congressional committees specified in paragraph 

(2) a notice of the following: 

(A) The budget, types of assistance, and completion 

date for providing the assistance under subsection (a). 

(B) The source and planned expenditure of funds for 

the assistance under subsection (a). 

(2) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional committees specified in this paragraph are the following: 

(A) The Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate. 

Deadline. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 367 

(B) The Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL 

TO ASSIST IN ACCOUNTING FOR MISSING UNITED STATES 

GOVERNMENT PERSONNEL. 

(a) IN GENERAL.—Chapter 20 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 408. Equipment and training of foreign personnel to assist 

in Department of Defense accounting for missing 

United States Government personnel 

‘‘(a) IN GENERAL.—The Secretary of Defense may provide assistance to any foreign nation to assist the Department of Defense 

with recovery of and accounting for missing United States Government personnel. 

‘‘(b) TYPES OF ASSISTANCE.—The assistance provided under subsection (a) may include the following: 

‘‘(1) Equipment. 

‘‘(2) Supplies. 

‘‘(3) Services. 

‘‘(4) Training of personnel. 

‘‘(c) APPROVAL BY SECRETARY OF STATE.—Assistance may not 

be provided under this section to any foreign nation unless the 

Secretary of State specifically approves the provision of such assistance. 

‘‘(d) LIMITATION.—The amount of assistance provided under 

this section in any fiscal year may not exceed $1,000,000. 

‘‘(e) CONSTRUCTION WITH OTHER ASSISTANCE.—The authority 

to provide assistance under this section is in addition to any other 

authority to provide assistance to foreign nations under law. 

‘‘(f) ANNUAL REPORTS.—(1) Not later than December 31 each 

year, the Secretary of Defense shall submit to the congressional 

defense committees a report on the assistance provided under this 

section during the fiscal year ending in such year. 

‘‘(2) Each report under paragraph (1) shall include, for the 

fiscal year covered by such report, the following: 

‘‘(A) A listing of each foreign nation provided assistance 

under this section. 

‘‘(B) For each nation so provided assistance, a description 

of the type and amount of such assistance.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 20 of such title is amended by adding at the 

end the following new item: 

‘‘408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States Government personnel.’’. 

SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION 

SYSTEM DATA ON MARITIME SHIPPING TO FOREIGN 

COUNTRIES AND INTERNATIONAL ORGANIZATIONS. 

(a) AUTHORITY TO PROVIDE DATA.—The Secretary of Defense, 

with the concurrence of the Secretary of State, may authorize 

the Secretary of a military department or a commander of a combatant command to exchange or furnish automatic identification system 

data broadcast by merchant or private ships and collected by the 

United States to a foreign country or international organization 


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pursuant to an agreement for the exchange or production of such 

data. Such data may be transferred pursuant to this section without 

cost to the recipient country or international organization. 

(b) DEFINITIONS.—In this section: 

(1) AUTOMATIC IDENTIFICATION SYSTEM.—The term ‘‘automatic identification system’’ means a system that is used to 

satisfy the requirements of the Automatic Identification System 

under the International Convention for the Safety of Life at 

Sea, signed at London on November 1, 1974 (TIAS 9700). 

(2) GEOGRAPHIC COMBATANT COMMANDER.—The term ‘‘commander of a combatant command’’ means a commander of 

a combatant command (as such term is defined in section 

161(c) of title 10, United States Code) with a geographic area 

of responsibility. 

SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS 

CARRIED OUT BY THE DEPARTMENT OF DEFENSE. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the appropriate congressional committees a report that specifies, 

on a country-by-country basis, each foreign-assistance related program carried out by the Department of Defense during the prior 

fiscal year under the authorities described in subsection (b). 

(b) MATTERS TO BE INCLUDED.—The report required under 

subsection (a) shall include— 

(1) a description of the dollar amount, type of support, 

and purpose of each foreign–assistance related program carried 

out by the Department of Defense under— 

(A) section 1206 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

3456), relating to authority to build the capacity of foreign 

military forces; 

(B) section 1207 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

3458), relating to authority to provide security and stabilization assistance to foreign countries; 

(C) section 1208 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

3459), relating to authority to reimburse certain coalition 

nations for support provided to United States military operations; 

(D) section 1033 of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

1881), relating to authority to provide additional support 

for counter-drug activities of Peru and Colombia; 

(E) section 1004 of the National Defense Authorization 

Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

374 note), relating to additional support for counter-drug 

activities; 

(F) section 127d of title 10, United States Code, relating 

to authority to provide logistic support, supplies, and services to allied forces participating in a combined operation 

with the Armed Forces; 

(G) section 2249c of title 10, United States Code, 

relating to authority to use appropriated funds for costs 

associated with education and training of foreign officials 


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under the Regional Defense Combating Terrorism Fellowship Program; and 

(H) section 2561 of title 10, United States Code, 

relating to authority to provide humanitarian assistance; 

and 

(2) a description of each foreign-assistance related program 

that the Department of Defense undertakes or implements 

on behalf of any other department or agency of the United 

States Government, including programs under the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms 

Export Control Act (22 U.S.C. 2751 et seq.). 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Relations of 

the Senate. 

SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE. 

(a) PROGRAM FOR ASSISTANCE.—Section 1207 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3458) is amended— 

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) FORMULATION AND IMPLEMENTATION OF PROGRAM FOR

ASSISTANCE.—The Secretary of State shall coordinate with the Secretary of Defense in the formulation and implementation of a program of reconstruction, security, or stabilization assistance to a 

foreign country that involves the provision of services or transfer 

of defense articles or funds under subsection (a).’’. 

(b) ONE-YEAR EXTENSION.—Subsection (g) of such section, as 

redesignated by subsection (a) of this section, is amended by striking 

‘‘September 30, 2007’’ and inserting ‘‘September 30, 2008’’. 

SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 

GLOBAL PEACE OPERATIONS INITIATIVE. 

(a) REPORT REQUIRED.—Not later than June 1, 2008, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Foreign Relations 

of the Senate, and the Committee on Foreign Affairs of the House 

of Representatives a report assessing the Global Peace Operations 

Initiative. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of whether, and to what extent, the 

Global Peace Operations Initiative has met the goals set by 

the President at the inception of the program in 2004. 

(2) Which goals, if any, remain unfulfilled. 

(3) A description of activities conducted by each member 

state of the Group of Eight (G–8), including the approximate 

cost of the activities, and the approximate percentage of the 


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total monetary value of the activities conducted by each G– 

8 member, including the United States, as well as efforts by 

the President to seek contributions or participation by other 

G–8 members. 

(4) A description of any activities conducted by non-G– 

8 members, or other organizations and institutions, as well 

as any efforts by the President to solicit contributions or participation. 

(5) A description of the extent to which the Global Peace 

Operations Initiative has had global participation. 

(6) A description of the administration of the program 

by the Department of State and Department of Defense, 

including— 

(A) whether each Department should concentrate 

administration in one office or bureau, and if so, which 

one; 

(B) the extent to which the two Departments coordinate 

and the quality of their coordination; and 

(C) the extent to which contractors are used and an 

assessment of the quality and timeliness of the results 

achieved by the contractors, and whether the United States 

Government might have achieved similar or better results 

without contracting out functions. 

(7) A description of the metrics, if any, that are used 

by the President and the G–8 to measure progress in 

implementation of the Global Peace Operations Initiative, 

including— 

(A) assessments of the quality and sustainability of 

the training of individual soldiers and units; 

(B) the extent to which the G–8 and participating 

countries maintain records or databases of trained individuals and units and conduct inspections to measure and 

monitor the continued readiness of such individuals and 

units; 

(C) the extent to which the individuals and units are 

equipped and remain equipped to deploy in peace operations; and 

(D) the extent to which, the timeline by which, and 

how individuals and units can be mobilized for peace operations. 

(8) The extent to which, the timeline by which, and how 

individuals and units can be and are being deployed to peace 

operations. 

(9) An assessment of whether individuals and units trained 

under the Global Peace Operations Initiative have been utilized 

in peace operations subsequent to receiving training under 

the Initiative, whether they will be deployed to upcoming operations in Africa and elsewhere, and the extent to which such 

individuals and units would be prepared to deploy and participate in such peace operations. 

(10) Recommendations as to whether participation in the 

Global Peace Operations Initiative should require reciprocal 

participation by countries in peace operations. 

(11) Any additional measures that could be taken to 

enhance the effectiveness of the Global Peace Operations Initiative in terms of— 

(A) achieving its stated goals; and 


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(B) ensuring that individuals and units trained as part 

of the Initiative are regularly participating in peace operations. 

(c) FORM.—To the maximum extent practicable, the report 

required under subsection (a) shall be submitted in unclassified 

form, but may include a classified annex, if necessary. 

SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER 

THE AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF 

2002. 

(a) REPEAL OF LIMITATIONS.—Section 2007 of the American 

Servicemembers’ Protection Act of 2002 (22 U.S.C. 7426) is repealed. 

(b) CONFORMING AMENDMENTS.—Such Act is further amended— 

(1) in section 2003 (22 U.S.C. 7422)— 

(A) in subsection (a)— 

(i) in the heading, by striking ‘‘SECTIONS 5 AND

7’’ and inserting ‘‘SECTION 2005’’; and 

(ii) by striking ‘‘sections 2005 and 2007’’ and 

inserting ‘‘section 2005’’; 

(B) in subsection (b)— 

(i) in the heading, by striking ‘‘SECTIONS 5 AND

7’’ and inserting ‘‘SECTION 2005’’; and 

(ii) by striking ‘‘sections 2005 and 2007’’ and 

inserting ‘‘section 2005’’; 

(C) in subsection (c)(2)(A), by striking ‘‘sections 2005 

and 2007’’ and inserting ‘‘section 2005’’; 

(D) in subsection (d), by striking ‘‘sections 2005 and 

2007’’ and inserting ‘‘section 2005’’; and 

(E) in subsection (e), by striking ‘‘2006, and 2007’’ 

and inserting ‘‘and 2006’’; and 

(2) in section 2013 (22 U.S.C. 7432), by striking paragraph 

(13). 

Subtitle B—Matters Relating to Iraq and 

Afghanistan 

SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE 

OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 

RECONSTRUCTION. 

(a) PURPOSES.—Subsection (a)(1) of section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the 

Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108– 

106; 117 Stat. 1234–1238; 5 U.S.C. App., note to section 8G of 

Public Law 95–452) is amended by striking ‘‘to the Iraq Relief 

and Reconstruction Fund’’ and inserting ‘‘for the reconstruction 

of Iraq’’. 

(b) ASSISTANT INSPECTORS GENERAL.—Subsection (d)(1) of such 

section is amended by striking ‘‘the Iraq Relief and Reconstruction 

Fund’’ and inserting ‘‘amounts appropriated or otherwise made 

available for the reconstruction of Iraq’’. 

(c) SUPERVISION.—Subsection (e)(2) of such section is amended 

by striking ‘‘the Iraq Relief and Reconstruction Fund’’ and inserting 

‘‘amounts appropriated or otherwise made available for the 

reconstruction of Iraq’’. 


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(d) DUTIES.—Subsection (f)(1) of such section is amended by 

striking ‘‘to the Iraq Relief and Reconstruction Fund’’ and inserting 

‘‘for the reconstruction of Iraq’’. 

(e) PERSONNEL, FACILITIES, AND OTHER RESOURCES.—Subsection (h) of such section is amended— 

(1) in paragraph (1), by inserting after ‘‘pay rates’’ the 

following: ‘‘, and may exercise the authorities of subsections 

(b) through (i) of section 3161 of title 5, United States Code 

(without regard to subsection (a) of such section)’’; and 

(2) in paragraph (3), by striking ‘‘my enter’’ and inserting 

‘‘may enter’’. 

(f) REPORTS.—Subsection (i) of such section is amended by 

striking ‘‘to the Iraq Relief and Reconstruction Fund’’ each place 

it appears and inserting ‘‘for the reconstruction of Iraq’’. 

(g) DEFINITIONS.—Subsection (m) of such section is amended— 

(1) in the heading, by striking ‘‘APPROPRIATE COMMITTEES

OF CONGRESS DEFINED’’ and inserting ‘‘DEFINITIONS’’; 

(2) by striking ‘‘In this section, the term’’ and inserting 

the following: ‘‘In this section— 

‘‘(1) the term’’; 

(3) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(4) in paragraph (1)(B) (as redesignated by paragraph (3) 

of this subsection), by striking ‘‘and International Relations’’ 

and inserting ‘‘Foreign Affairs, and Oversight and Government 

Reform’’; 

(5) by striking the period at the end and inserting ‘‘; and’’; 

and 

(6) by adding at the end the following: 

‘‘(2) the term ‘amounts appropriated or otherwise made 

available for the reconstruction of Iraq’ means amounts appropriated or otherwise made available for any fiscal year— 

‘‘(A) to the Iraq Relief and Reconstruction Fund, the 

Iraq Security Forces Fund, and the Commanders’ Emergency Response Program authorized under section 1202 

of the National Defense Authorization for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3455–3456); or 

‘‘(B) for assistance for the reconstruction of Iraq 

under— 

‘‘(i) the Economic Support Fund authorized under 

chapter 4 of part II of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2346 et seq.); 

‘‘(ii) the International Narcotics Control and Law 

Enforcement account authorized under section 481 of 

the Foreign Assistance Act of 1961 (22 U.S.C. 2291); 

or 

‘‘(iii) any other provision of law.’’. 

(h) TERMINATION DATE.—Subsection (o) of such section is 

amended— 

(1) in paragraph (1), to read as follows: 

‘‘(1) The Office of the Inspector General shall terminate 180 

days after the date on which amounts appropriated or otherwise 

made available for the reconstruction of Iraq that are unexpended 

are less than $250,000,000.’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘funds deemed to be’’; and 


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(B) by striking ‘‘to the Iraq Relief and Reconstruction 

Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 

SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose 

as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control of the oil resources 

of Iraq. 

SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPERATIONS IN IRAQ. 

(a) REPORT.— 

(1) IN GENERAL.—Subsection (c) of section 1227 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3465; 50 U.S.C. 1541 note) is 

amended— 

(A) in paragraph (2), by striking ‘‘Iraq.’’ and inserting 

the following: ‘‘Iraq, including— 

‘‘(A) enacting a broadly-accepted hydrocarbon law that 

equitably shares revenue among all Iraqis; 

‘‘(B) adopting laws necessary for the conduct of provincial and local elections, taking steps to implement such 

laws, and setting a schedule to conduct provincial and 

local elections; 

‘‘(C) reforming current laws governing the deBaathification process in a manner that encourages 

national reconciliation; 

‘‘(D) amending the Constitution of Iraq in a manner 

that encourages national reconciliation; 

‘‘(E) allocating and beginning expenditure of $10 billion 

in Iraqi revenues for reconstruction projects, including 

delivery of essential services, and implementing such 

reconstruction projects on an equitable basis; and 

‘‘(F) making significant efforts to plan and implement 

disarmament, demobilization, and reintegration programs 

relating to Iraqi militias.’’; 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) A detailed description of the Joint Campaign Plan, 

or any subsequent revisions, updates, or documents that replace 

or supersede the Joint Campaign Plan, including goals, phases, 

or other milestones contained in the Joint Campaign Plan. 

Specifically, the description shall include the following: 

‘‘(A) An explanation of conditions required to move 

through phases of the Joint Campaign Plan, in particular 

those conditions that must be met in order to provide 

for the transition of additional security responsibility to 

the Iraqi Security Forces, and the measurements used to 

determine progress. 

‘‘(B) An assessment of which conditions in the Joint 

Campaign Plan have been achieved and which conditions 

have not been achieved. The assessment of those conditions 


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that have not been achieved shall include a discussion 

of the factors that have precluded progress. 

‘‘(C) A description of any companion or equivalent plan 

of the Government of Iraq used to measure progress for 

Iraqi Security Forces undertaking joint operations with 

Coalition Forces.’’; and 

(C) by adding at the end the following: 

‘‘(7) An assessment of the levels of United States Armed 

Forces required in Iraq for the six-month period following the 

date of the report, the missions to be undertaken by the Armed 

Forces in Iraq for such period, and the incremental costs or 

savings of any proposed changes to such levels or missions. 

‘‘(8) A description of the range of conditions that could 

prompt changes to the levels of United States Armed Forces 

required in Iraq for the six-month period following the date 

of the report or the missions to be undertaken by the Armed 

Forces in Iraq for such period, including the status of planning 

for such changes to the levels or missions of the Armed Forces 

in Iraq.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall apply with respect to each report required to be submitted to Congress under section 1227(c) of the National 

Defense Authorization Act for Fiscal Year 2006 on or after 

the date of the enactment of this Act. 

(b) CONGRESSIONAL BRIEFINGS REQUIRED.—Such section is further amended by adding at the end the following: 

‘‘(d) CONGRESSIONAL BRIEFINGS REQUIRED.—Not later than 30 

days after the submission of the first report under subsection (c) 

on or after the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008, the Secretary of Defense 

and the Chairman of the Joint Chiefs of Staff shall meet with 

the congressional defense committees to brief such committees on 

the matters described in paragraphs (7) and (8) of subsection (c) 

contained in the report. Not later than 30 days after the submission 

of each subsequent report under subsection (c), appropriate senior 

officials of the Department of Defense shall meet with the congressional defense committees to brief such committees on the matters 

described in paragraphs (7) and (8) of subsection (c) contained 

in the report.’’. 

SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE 

INDICATORS AND MEASURES FOR PROGRESS TOWARD 

MILITARY AND POLITICAL STABILITY IN IRAQ. 

(a) REPORT.—Section 9010(c) of the Department of Defense 

Appropriations Act, 2007 (division A of Public Law 109–289; 120 

Stat. 1307) is amended— 

(1) in paragraph (1)(B)— 

(A) by striking ‘‘and trends’’ and inserting ‘‘trends’’; 

and 

(B) by adding at the end before the period the following: 

‘‘, and progress made in the transition of responsibility 

for the security of Iraqi provinces to the Iraqi Security 

Forces under the Provincial Iraqi Control (PIC) process’’; 

and 

(2) in paragraph (2)— 

Deadlines. 


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(A) in subparagraph (C)(i), by adding at the end before 

the semicolon the following: ‘‘, without any support from 

Coalition Forces’’; 

(B) by redesignating subparagraphs (D) through (J) 

as subparagraphs (F) through (L), respectively; 

(C) by inserting after subparagraph (C) the following: 

‘‘(D) The amount and type of support provided by Coalition Forces to the Iraqi Security Forces at each level of 

operational readiness. 

‘‘(E) The number of Iraqi battalions in the Iraqi Army 

currently conducting operations and the type of operations 

being conducted.’’; 

(D) by redesignating subparagraphs (H) through (L) 

(as redesignated by subparagraph (B) of this paragraph) 

as subparagraphs (I) through (M), respectively; 

(E) by inserting after subparagraph (G) (as redesignated by subparagraph (B) of this paragraph) the following: 

‘‘(H) The level and effectiveness of the Iraqi Security 

Forces under the Ministry of Defense in provinces where 

the United States has formally transferred responsibility 

for the security of the province to the Iraqi Security Forces 

under the Provincial Iraqi Control (PIC) process.’’; and 

(F) in subparagraph (I) (as redesignated by subparagraphs (B) and (D) of this paragraph)— 

(i) in clause (iv), by striking ‘‘and’’ at the end; 

(ii) in clause (v), by striking the period at the 

end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(vi) the level and effectiveness of the Iraqi Police 

and other Ministry of Interior Forces in provinces 

where the United States has formally transferred 

responsibility for the security of the province to the 

Iraqi Security Forces under the Provincial Iraqi Control 

(PIC) process.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to each report required to be submitted 

to Congress under section 9010 of the Department of Defense Appropriations Act, 2007 on or after the date of the enactment of this 

Act. 

SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST 

COALITION FORCES IN IRAQ. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, and every 180 days thereafter, the 

Secretary of Defense, in coordination with the Director of National 

Intelligence, shall submit to the congressional defense committees 

a report describing and assessing in detail— 

(1) any support or direction provided to anti-coalition forces 

in Iraq by the Government of Iran or its agents; 

(2) the strategy and ambitions in Iraq of the Government 

of Iran; and 

(3) any strategy or efforts by the United States Government 

to counter the activities of agents of the Government of Iran 

in Iraq. 

(b) FORM.—Each report required under subsection (a) shall 

be submitted in unclassified form, to the maximum extent practicable, but may contain a classified annex, if necessary. 

Applicability. 


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(c) TERMINATION.—The requirement to submit reports under 

subsection (a) shall terminate on the date on which the Secretary 

of Defense, in coordination with the Director of National Intelligence, submits to the congressional defense committees a certification in writing that the Government of Iran has ceased to provide 

military support to anti-coalition forces that conduct attacks against 

coalition forces in Iraq. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to authorize or otherwise speak to the use of the Armed 

Forces against Iran. 

SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED 

STATE IN IRAQ. 

It is the sense of Congress that— 

(1) a failed state in Iraq will have a negative impact on 

the Middle East and United States interests in the region; 

and 

(2) the United States should pursue strategies to prevent 

a failed state in Iraq or to contain the negative effects of 

a failed state in Iraq. 

SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ. 

It is the sense of Congress that— 

(1) policies supported by the United States in the pursuit 

of a political settlement in Iraq should be consistent with the 

wishes of the Iraqi people and should not violate the sovereignty 

of the nation of Iraq; 

(2) if the Iraqi people support a political settlement in 

Iraq based on the final provisions of the Constitution of Iraq 

that create a federal system of government and allow for the 

creation of federal regions, consistent with the wishes of the 

Iraqi people and their elected leaders, the United States should 

actively support such a political settlement in Iraq; 

(3) the active support referred to in paragraph (2) should 

include— 

(A) calling on the international community, including 

countries with troops in Iraq, the permanent 5 members 

of the United Nations Security Council, members of the 

Gulf Cooperation Council, and Iraq’s neighbors— 

(i) to support an Iraqi political settlement based 

on federalism; 

(ii) to acknowledge the sovereignty and territorial 

integrity of Iraq; and 

(iii) to fulfill commitments for the urgent delivery 

of significant assistance and debt relief to Iraq, especially those made by the member states of the Gulf 

Cooperation Council; and 

(B) convening a conference for Iraqis to reach an agreement on a comprehensive political settlement based on 

the federalism law approved by the Iraqi Parliament on 

October 11, 2006; 

(4) the United States should urge the Government of Iraq 

to quickly agree upon and implement a law providing for the 

equitable distribution of oil revenues, which is a critical component of a comprehensive political settlement in Iraq, including 

a potential settlement based upon federalism; 


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(5) the steps described in paragraphs (2), (3), and (4) could 

lead to an Iraq that is stable, not a haven for terrorists, and 

not a threat to its neighbors; 

(6) in pursuit of a political settlement in Iraq, whether 

based on federalism or not, the United States should call on 

Iraq’s neighbors to pledge not to militarily intervene in or 

destabilize Iraq; and 

(7) nothing in this Act should be construed in any way 

to infringe on the sovereign rights of the nation of Iraq or 

to imply that the United States wishes to impose a political 

settlement in Iraq based on federalism if such a political settlement is contrary to the wishes of the Iraqi people. 

SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES PROVIDED TO THE GOVERNMENT OF IRAQ AND OTHER 

INDIVIDUALS AND GROUPS IN IRAQ. 

(a) EXPORT AND TRANSFER CONTROL POLICY.—The President 

shall implement a policy to control the export and transfer of 

defense articles into Iraq, including implementation of the registration and monitoring system under subsection (c). 

(b) REQUIREMENT TO IMPLEMENT CONTROL SYSTEM.—No 

defense articles may be provided to the Government of Iraq or 

any other group, organization, citizen, or resident of Iraq until 

the President certifies to the specified congressional committees 

that a registration and monitoring system meeting the requirements 

set forth in subsection (c) has been established. 

(c) REGISTRATION AND MONITORING SYSTEM.—The registration 

and monitoring system required under this subsection shall 

include— 

(1) the registration of the serial numbers of all small arms 

to be provided to the Government of Iraq or to other groups, 

organizations, citizens, or residents of Iraq; 

(2) a program of end-use monitoring of all lethal defense 

articles provided to such entities or individuals; and 

(3) a detailed record of the origin, shipping, and distribution 

of all defense articles transferred under the Iraq Security Forces 

Fund or any other security assistance program to such entities 

or individuals. 

(d) REVIEW; EXEMPTION.— 

(1) REVIEW.—The President shall periodically review the 

items subject to the registration and monitoring requirements 

under subsection (c) to determine what items, if any, should 

no longer be subject to such registration and monitoring 

requirements. The President shall transmit to the specified 

congressional committees the results of each review conducted 

under this paragraph. 

(2) EXEMPTION.—The President may exempt an item from 

the registration and monitoring requirements under subsection 

(c) beginning on the date that is 30 days after the date on 

which the President provides notice of the proposed exemption 

to the specified congressional committees in accordance with 

the procedures applicable to reprogramming notifications under 

section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2394–1(a)). Such notice shall describe any controls to be 

imposed on such item under any other provision of law. 

(e) DEFINITIONS.—In this section: 

Notification. 

Certification. 

President. 


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(1) DEFENSE ARTICLE.—The term ‘‘defense article’’ has the 

meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)). 

(2) SMALL ARMS.—The term ‘‘small arms’’ means— 

(A) handguns; 

(B) shoulder-fired weapons; 

(C) light automatic weapons up to and including .50 

caliber machine guns; 

(D) recoilless rifles up to and including 106mm; 

(E) mortars up to and including 81mm; 

(F) rocket launchers, man-portable; 

(G) grenade launchers, rifle and shoulder fired; and 

(H) individually-operated weapons which are portable 

or can be fired without special mounts or firing devices 

and which have potential use in civil disturbances and 

are vulnerable to theft. 

(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The term 

‘‘specified congressional committees’’ means— 

(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; 

and 

(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, 

Housing, and Urban Affairs of the Senate. 

(f) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall take effect 180 days after the date of the enactment 

of this Act. 

(2) EXCEPTION.—The President may delay the effective date 

of this section by an additional period of up to 90 days if 

the President certifies in writing to the specified congressional 

committees for such additional period that it is in the vital 

interest of the United States to do so and includes in the 

certification a description of such vital interest. 

SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN 

RECONSTRUCTION. 

(a) PURPOSES.—The purposes of this section are as follows: 

(1) To provide for the independent and objective conduct 

and supervision of audits and investigations relating to the 

programs and operations funded with amounts appropriated 

or otherwise made available for the reconstruction of Afghanistan. 

(2) To provide for the independent and objective leadership 

and coordination of, and recommendations on, policies designed 

to— 

(A) promote economy efficiency, and effectiveness in 

the administration of the programs and operations 

described in paragraph (1); and 

(B) prevent and detect waste, fraud, and abuse in 

such programs and operations. 

(3) To provide for an independent and objective means 

of keeping the Secretary of State and the Secretary of Defense 

fully and currently informed about problems and deficiencies 

relating to the administration of such programs and operations 

and the necessity for and progress on corrective action. 

President. 

Certification. 


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(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) APPOINTMENT.—The head of the Office of the Special 

Inspector General for Afghanistan Reconstruction is the Special 

Inspector General for Afghanistan Reconstruction (in this section referred to as the ‘‘Inspector General’’), who shall be 

appointed by the President. The President may appoint the 

Special Inspector General for Iraq Reconstruction to serve as 

the Special Inspector General for Afghanistan Reconstruction, 

in which case the Special Inspector General for Iraq Reconstruction shall have all of the duties, responsibilities, and authorities 

set forth under this section with respect to such appointed 

position for the purpose of carrying out this section. 

(2) QUALIFICATIONS.—The appointment of the Inspector 

General shall be made solely on the basis of integrity and 

demonstrated ability in accounting, auditing, financial analysis, 

law, management analysis, public administration, or investigations. 

(3) DEADLINE FOR APPOINTMENT.—The appointment of an 

individual as Inspector General shall be made not later than 

30 days after the date of the enactment of this Act. 

(4) COMPENSATION.—The annual rate of basic pay of the 

Inspector General shall be the annual rate of basic pay provided 

for positions at level IV of the Executive Schedule under section 

5315 of title 5, United States Code. 

(5) PROHIBITION ON POLITICAL ACTIVITIES.—For purposes 

of section 7324 of title 5, United States Code, the Inspector 

General shall not be considered an employee who determines 

policies to be pursued by the United States in the nationwide 

administration of Federal law. 

(6) REMOVAL.—The Inspector General shall be removable 

from office in accordance with the provisions of section 3(b) 

of the Inspector General Act of 1978 (5 U.S.C. App.). 

(d) ASSISTANT INSPECTORS GENERAL.—The Inspector General 

shall, in accordance with applicable laws and regulations governing 

the civil service— 

(1) appoint an Assistant Inspector General for Auditing 

who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations 

supported by amounts appropriated or otherwise made available for the reconstruction of Afghanistan; and 

(2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the 

performance of investigative activities relating to such programs and operations. 

(e) SUPERVISION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Inspector General shall report directly to, and be under the 

general supervision of, the Secretary of State and the Secretary 

of Defense. 

(2) INDEPENDENCE TO CONDUCT INVESTIGATIONS AND

AUDITS.—No officer of the Department of Defense, the Department of State, or the United States Agency for International 

Development shall prevent or prohibit the Inspector General 

Appointments. 

President. 

Establishment. 


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from initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made 

available for the reconstruction of Afghanistan or from issuing 

any subpoena during the course of any such audit or investigation. 

(f) DUTIES.— (1) OVERSIGHT OF AFGHANISTAN RECONSTRUCTION.—It shall 

be the duty of the Inspector General to conduct, supervise, 

and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise 

made available for the reconstruction of Afghanistan, and of 

the programs, operations, and contracts carried out utilizing 

such funds, including— 

(A) the oversight and accounting of the obligation and 

expenditure of such funds; 

(B) the monitoring and review of reconstruction activities funded by such funds; 

(C) the monitoring and review of contracts funded by 

such funds; 

(D) the monitoring and review of the transfer of such 

funds and associated information between and among 

departments, agencies, and entities of the United States 

and private and nongovernmental entities; 

(E) the maintenance of records on the use of such 

funds to facilitate future audits and investigations of the 

use of such fund; 

(F) the monitoring and review of the effectiveness of 

United States coordination with the Government of 

Afghanistan and other donor countries in the implementation of the Afghanistan Compact and the Afghanistan 

National Development Strategy; and 

(G) the investigation of overpayments such as duplicate 

payments or duplicate billing and any potential unethical 

or illegal actions of Federal employees, contractors, or affiliated entities and the referral of such reports, as necessary, 

to the Department of Justice to ensure further investigations, prosecutions, recovery of further funds, or other remedies. 

(2) OTHER DUTIES RELATED TO OVERSIGHT.—The Inspector 

General shall establish, maintain, and oversee such systems, 

procedures, and controls as the Inspector General considers 

appropriate to discharge the duties under paragraph (1). 

(3) DUTIES AND RESPONSIBILITIES UNDER INSPECTOR GENERAL ACT OF 1978.—In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the 

duties and responsibilities of inspectors general under the 

Inspector General Act of 1978. 

(4) COORDINATION OF EFFORTS.—In carrying out the duties, 

responsibilities, and authorities of the Inspector General under 

this section, the Inspector General shall coordinate with, and 

receive the cooperation of each of the following: 

(A) The Inspector General of the Department of 

Defense. 

(B) The Inspector General of the Department of State. 

(C) The Inspector General of the United States Agency 

for International Development. 

(g) POWERS AND AUTHORITIES.— 


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(1) AUTHORITIES UNDER INSPECTOR GENERAL ACT OF 1978.— 

In carrying out the duties specified in subsection (f), the 

Inspector General shall have the authorities provided in section 

6 of the Inspector General Act of 1978, including the authorities 

under subsection (e) of such section. 

(2) AUDIT STANDARDS.—The Inspector General shall carry 

out the duties specified in subsection (f)(1) in accordance with 

section 4(b)(1) of the Inspector General Act of 1978. 

(h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.— 

(1) PERSONNEL.—The Inspector General may select, 

appoint, and employ such officers and employees as may be 

necessary for carrying out the duties of the Inspector General, 

subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such 

title, relating to classification and General Schedule pay rates. 

(2) EMPLOYMENT OF EXPERTS AND CONSULTANTS.—The 

Inspector General may obtain services as authorized by section 

3109 of title 5, United States Code, at daily rates not to exceed 

the equivalent rate prescribed for grade GS–15 of the General 

Schedule by section 5332 of such title. 

(3) CONTRACTING AUTHORITY.—To the extent and in such 

amounts as may be provided in advance by appropriations 

Acts, the Inspector General may enter into contracts and other 

arrangements for audits, studies, analyses, and other services 

with public agencies and with private persons, and make such 

payments as may be necessary to carry out the duties of the 

Inspector General. 

(4) RESOURCES.—The Secretary of State or the Secretary 

of Defense, as appropriate, shall provide the Inspector General 

with appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, 

as the case may be, in Afghanistan, together with such equipment, office supplies, and communications facilities and services 

as may be necessary for the operation of such offices, and 

shall provide necessary maintenance services for such offices 

and the equipment and facilities located therein. 

(5) ASSISTANCE FROM FEDERAL AGENCIES.— 

(A) IN GENERAL.—Upon request of the Inspector General for information or assistance from any department, 

agency, or other entity of the Federal Government, the 

head of such entity shall, insofar as is practicable and 

not in contravention of any existing law, furnish such 

information or assistance to the Inspector General, or an 

authorized designee. 

(B) REPORTING OF REFUSED ASSISTANCE.—Whenever 

information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall 

report the circumstances to the Secretary of State or the 

Secretary of Defense, as appropriate, and to the appropriate 

congressional committees without delay. 

(6) USE OF PERSONNEL, FACILITIES, AND OTHER RESOURCES

OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ

RECONSTRUCTION.—Upon the request of the Inspector General, 

the Special Inspector General for Iraq Reconstruction— 


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(A) may detail, on a reimbursable basis, any of the 

personnel of the Office of the Special Inspector General 

for Iraq Reconstruction to the Office of the Inspector General for Afghanistan Reconstruction for the purpose of carrying out this section; and 

(B) may provide, on a reimbursable basis, any of the 

facilities or other resources of the Office of the Special 

Inspector General for Iraq Reconstruction to the Office 

of the Inspector General for Afghanistan Reconstruction 

for the purpose of carrying out this section. 

(i) REPORTS.— 

(1) QUARTERLY REPORTS.—Not later than 30 days after 

the end of each fiscal-year quarter, the Inspector General shall 

submit to the appropriate congressional committees a report 

summarizing, for the period of that quarter and, to the extent 

possible, the period from the end of such quarter to the time 

of the submission of the report, the activities during such 

period of the Inspector General and the activities under programs and operations funded with amounts appropriated or 

otherwise made available for the reconstruction of Afghanistan. 

Each report shall include, for the period covered by such report, 

a detailed statement of all obligations, expenditures, and revenues associated with reconstruction and rehabilitation activities 

in Afghanistan, including the following: 

(A) Obligations and expenditures of appropriated 

funds. 

(B) A project-by-project and program-by-program 

accounting of the costs incurred to date for the reconstruction of Afghanistan, together with the estimate of the 

Department of Defense, the Department of State, and the 

United States Agency for International Development, as 

applicable, of the costs to complete each project and each 

program. 

(C) Revenues attributable to or consisting of funds 

provided by foreign nations or international organizations 

to programs and projects funded by any department or 

agency of the United States Government, and any obligations or expenditures of such revenues. 

(D) Revenues attributable to or consisting of foreign 

assets seized or frozen that contribute to programs and 

projects funded by any department or agency of the United 

States Government, and any obligations or expenditures 

of such revenues. 

(E) Operating expenses of agencies or entities receiving 

amounts appropriated or otherwise made available for the 

reconstruction of Afghanistan. 

(F) In the case of any contract, grant, agreement, or 

other funding mechanism described in paragraph (2)— 

(i) the amount of the contract, grant, agreement, 

or other funding mechanism; 

(ii) a brief discussion of the scope of the contract, 

grant, agreement, or other funding mechanism; 

(iii) a discussion of how the department or agency 

of the United States Government involved in the contract, grant, agreement, or other funding mechanism 


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identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a 

list of the potential individuals or entities that were 

issued solicitations for the offers; and 

(iv) the justification and approval documents on 

which was based the determination to use procedures 

other than procedures that provide for full and open 

competition. 

(2) COVERED CONTRACTS, GRANTS, AGREEMENTS, AND

FUNDING MECHANISMS.—A contract, grant, agreement, or other 

funding mechanism described in this paragraph is any major 

contract, grant, agreement, or other funding mechanism that 

is entered into by any department or agency of the United 

States Government that involves the use of amounts appropriated or otherwise made available for the reconstruction of 

Afghanistan with any public or private sector entity for any 

of the following purposes: 

(A) To build or rebuild physical infrastructure of 

Afghanistan. 

(B) To establish or reestablish a political or societal 

institution of Afghanistan. 

(C) To provide products or services to the people of 

Afghanistan. 

(3) PUBLIC AVAILABILITY.—The Inspector General shall publish on a publically-available Internet website each report under 

paragraph (1) of this subsection in English and other languages 

that the Inspector General determines are widely used and 

understood in Afghanistan. 

(4) FORM.—Each report required under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex if the Inspector General considers it necessary. 

(5) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to authorize the public disclosure of information that is— 

(A) specifically prohibited from disclosure by any other 

provision of law; 

(B) specifically required by Executive order to be protected from disclosure in the interest of national defense 

or national security or in the conduct of foreign affairs; 

or 

(C) a part of an ongoing criminal investigation. 

(j) REPORT COORDINATION.— 

(1) SUBMISSION TO SECRETARIES OF STATE AND DEFENSE.— 

The Inspector General shall also submit each report required 

under subsection (i) to the Secretary of State and the Secretary 

of Defense. 

(2) SUBMISSION TO CONGRESS.—Not later than 30 days after 

receipt of a report under paragraph (1), the Secretary of State 

or the Secretary of Defense may submit to the appropriate 

congressional committees any comments on the matters covered 

by the report as the Secretary of State or the Secretary of 

Defense, as the case may be, considers appropriate. Any comments on the matters covered by the report shall be submitted 

in unclassified form, but may include a classified annex if 

the Secretary of State or the Secretary of Defense, as the 

case may be, considers it necessary. 

Website. 


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(k) TRANSPARENCY.— 

(1) REPORT.—Not later than 60 days after submission to 

the appropriate congressional committees of a report under 

subsection (i), the Secretary of State and the Secretary of 

Defense shall jointly make copies of the report available to 

the public upon request, and at a reasonable cost. 

(2) COMMENTS ON MATTERS COVERED BY REPORT.—Not later 

than 60 days after submission to the appropriate congressional 

committees under subsection (j)(2) of comments on a report 

under subsection (i), the Secretary of State and the Secretary 

of Defense shall jointly make copies of the comments available 

to the public upon request, and at a reasonable cost. 

(l) WAIVER.— 

(1) AUTHORITY.—The President may waive the requirement 

under paragraph (1) or (2) of subsection (k) with respect to 

availability to the public of any element in a report under 

subsection (i), or any comment under subsection (j)(2), if the 

President determines that the waiver is justified for national 

security reasons. 

(2) NOTICE OF WAIVER.—The President shall publish a 

notice of each waiver made under this subsection in the Federal 

Register no later than the date on which a report required 

under subsection (i), or any comment under subsection (j)(2), 

is submitted to the appropriate congressional committees. The 

report and comments shall specify whether waivers under this 

subsection were made and with respect to which elements 

in the report or which comments, as appropriate. 

(m) DEFINITIONS.—In this section: 

(1) AMOUNTS APPROPRIATED OR OTHERWISE MADE AVAILABLE

FOR THE RECONSTRUCTION OF AFGHANISTAN.—The term 

‘‘amounts appropriated or otherwise made available for the 

reconstruction of Afghanistan’’ means— 

(A) amounts appropriated or otherwise made available 

for any fiscal year— 

(i) to the Afghanistan Security Forces Fund; or 

(ii) to the program to assist the people of Afghanistan established under subsection (a)(2) of section 1202 

of the National Defense Authorization for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3455–3456); and 

(B) amounts appropriated or otherwise made available 

for any fiscal year for the reconstruction of Afghanistan 

under— 

(i) the Economic Support Fund; 

(ii) the International Narcotics Control and Law 

Enforcement account; or 

(iii) any other provision of law. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committees on Appropriations, Armed Services, 

and Foreign Relations of the Senate; and 

(B) the Committees on Appropriations, Armed Services, 

and Foreign Affairs of the House of Representatives. 

(n) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated 

$20,000,000 for fiscal year 2008 to carry out this section. 

Federal Register, 

publication. 

President. 


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(2) OFFSET.—The amount authorized to be appropriated 

by section 1513 for the Afghanistan Security Forces Fund is 

hereby reduced by $20,000,000. 

(o) TERMINATION.— 

(1) IN GENERAL.—The Office of the Special Inspector General for Afghanistan Reconstruction shall terminate 180 days 

after the date on which amounts appropriated or otherwise 

made available for the reconstruction of Afghanistan that are 

unexpended are less than $250,000,000. 

(2) FINAL REPORT.—The Inspector General shall, prior to 

the termination of the Office of the Special Inspector General 

for Afghanistan Reconstruction under paragraph (1), prepare 

and submit to the appropriate congressional committees a final 

forensic audit report on programs and operations funded with 

amounts appropriated or otherwise made available for the 

reconstruction of Afghanistan. 

SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY 

IN AFGHANISTAN. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, and every 180 days thereafter through 

the end of fiscal year 2010, the President, acting through the 

Secretary of Defense, shall submit to the appropriate congressional 

committees a report on progress toward security and stability in 

Afghanistan. 

(b) COORDINATION.—The report required under subsection (a) 

shall be prepared in coordination with the Secretary of State, the 

Director of National Intelligence, the Attorney General, the 

Administrator of the Drug Enforcement Administration, the 

Administrator of the United States Agency for International 

Development, the Secretary of Agriculture, and the head of any 

other department or agency of the Government of the United States 

involved with activities relating to security and stability in Afghanistan. 

(c) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED

STATES ACTIVITIES RELATING TO SECURITY AND STABILITY IN

AFGHANISTAN.—The report required under subsection (a) shall 

include a description of a comprehensive strategy of the United 

States for security and stability in Afghanistan. The description 

of such strategy shall consist of a general overview and a separate 

detailed section for each of the following: 

(1) NORTH ATLANTIC TREATY ORGANIZATION INTERNATIONAL

SECURITY ASSISTANCE FORCE.—A description of the following: 

(A) Efforts of the United States to work with countries 

participating in the North Atlantic Treaty Organization 

(NATO) International Security Assistance Force (ISAF) in 

Afghanistan (hereafter in this section referred to as ‘‘NATO 

ISAF countries’’). 

(B) Any actions by the United States to achieve the 

following goals relating to strengthening the NATO ISAF, 

and the results of such actions: 

(i) Encourage NATO ISAF countries to fulfill 

commitments to the NATO ISAF mission in Afghanistan, and ensure adequate contributions to efforts to 

build the capacity of the Afghanistan National Security 

Forces (ANSF), counter-narcotics efforts, and 

President. 


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reconstruction and development activities in Afghanistan. 

(ii) Remove national caveats on the use of forces 

deployed as part of the NATO ISAF. 

(iii) Reduce the number of civilian casualties 

resulting from military operations of NATO ISAF countries and mitigate the impact of such casualties on 

the Afghan people. 

(2) AFGHANISTAN NATIONAL SECURITY FORCES.—A description of the following: 

(A) A comprehensive and effective long-term strategy 

and budget, with defined objectives, for activities relating 

to strengthening the resources, capabilities, and effectiveness of the Afghanistan National Army (ANA) and the 

Afghanistan National Police (ANP) of the ANSF, with the 

goal of ensuring that a strong and fully-capable ANSF 

is able to independently and effectively conduct operations 

and maintain security and stability in Afghanistan. 

(B) Any actions by the United States to achieve the 

following goals relating to building the capacity of the 

ANSF, and the results of such actions: 

(i) Improve coordination with all relevant departments and agencies of the Government of the United 

States, as well as NATO ISAF countries and other 

international partners. 

(ii) Improve ANSF recruitment and retention, 

including through improved vetting and salaries for 

the ANSF. 

(iii) Increase and improve ANSF training and mentoring. 

(iv) Strengthen the partnership between the 

Government of the United States and the Government 

of Afghanistan. 

(3) PROVINCIAL RECONSTRUCTION TEAMS AND OTHER

RECONSTRUCTION AND DEVELOPMENT ACTIVITIES.—A description 

of the following: 

(A) A comprehensive and effective long-term strategy 

and budget, with defined objectives, for reconstruction and 

development in Afghanistan, including a long-term strategy 

with a mission and objectives for each United States-led 

Provincial Reconstruction Team (PRT) in Afghanistan. 

(B) Any actions by the United States to achieve the 

following goals with respect to reconstruction and development in Afghanistan, and the results of such actions: 

(i) Improve coordination with all relevant departments and agencies of the Government of the United 

States, as well as NATO ISAF countries and other 

international partners. 

(ii) Clarify the chain of command, and operations 

plans for United States-led PRTs that are appropriate 

to meet the needs of the relevant local communities. 

(iii) Promote coordination among PRTs. 

(iv) Ensure that each PRT is adequately staffed, 

particularly with civilian specialists, and that such 

staff receive appropriate training. 


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(v) Expand the ability of the Afghan people to 

assume greater responsibility for their own reconstruction and development projects. 

(vi) Strengthen the partnership between the 

Government of the United States and the Government 

of Afghanistan. 

(vii) Ensure proper reconstruction and development oversight activities, including implementation, 

where appropriate, of recommendations of any United 

States inspectors general, including the Special 

Inspector General for Afghanistan Reconstruction 

appointed pursuant to section 1229. 

(4) COUNTER-NARCOTICS ACTIVITIES.—A description of the 

following: 

(A) A comprehensive and effective long-term strategy 

and budget, with defined objectives, for the activities of 

the Department of Defense relating to counter-narcotics 

efforts in Afghanistan, including— 

(i) roles and missions of the Department of Defense 

within the overall counter-narcotics strategy for 

Afghanistan of the Government of the United States, 

including a statement of priorities; 

(ii) a detailed, comprehensive, and effective 

strategy with defined one-year, three-year, and fiveyear objectives and a description of the accompanying 

allocation of resources of the Department of Defense 

to accomplish such objectives; 

(iii) in furtherance of the strategy described in 

clause (i), actions that the Department of Defense is 

taking and has planned to take to— 

(I) improve coordination within the Department of Defense and with all relevant departments 

and agencies of the Government of the United 

States; 

(II) strengthen significantly the Afghanistan 

National Counter-narcotics Police; 

(III) build the capacity of local and provincial 

governments of Afghanistan and the national 

Government of Afghanistan to assume greater 

responsibility for counter-narcotics-related activities, including interdiction; and 

(IV) improve counter-narcotics-related intelligence capabilities and tactical use of such 

capabilities by the Department of Defense and 

other appropriate departments and agencies of the 

Government of the United States; and 

(iv) the impact, if any, including the disadvantages 

and advantages, if any, on the primary counter-terrorism mission of the United States military of providing enhanced logistical support to departments and 

agencies of the Government of the United States and 

counter-narcotics partners of the United States in their 

interdiction efforts, including apprehending or eliminating major drug traffickers in Afghanistan. 

(B) The counter-narcotics roles and missions assumed 

by the local and provincial governments of Afghanistan 

and the national Government of Afghanistan, appropriate 


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departments and agencies of the Government of the United 

States (other than the Department of Defense), the NATO 

ISAF, and the governments of other countries. 

(C) The plan and efforts to coordinate the counternarcotics strategy and activities of the Department of 

Defense with the counter-narcotics strategy and activities 

of the Government of Afghanistan, the NATO-led interdiction and security forces, other appropriate countries, and 

other counter-narcotics partners of the United States, and 

the results of such efforts. 

(D) The progress made by the governments, organizations, and entities specified in subparagraph (B) in executing designated roles and missions, and in coordinating 

and implementing counternarcotics plans and activities, 

and based on the results of this progress whether, and 

to what extent, roles and missions for the Department 

of Defense should be altered in the future, or should remain 

unaltered. 

(5) PUBLIC CORRUPTION AND RULE OF LAW.—A description 

of any actions, and the results of such actions, to help the 

Government of Afghanistan fight public corruption and 

strengthen governance and the rule of law at the local, provincial, and national levels. 

(6) REGIONAL CONSIDERATIONS.—A description of any 

actions and the results of such actions to increase cooperation 

with countries geographically located around Afghanistan’s 

border, with a particular focus on improving security and stability in the Afghanistan-Pakistan border areas. 

(d) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND

MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECURITY AND STABILITY IN AFGHANISTAN.— 

(1) IN GENERAL.—The report required under subsection 

(a) shall set forth a comprehensive set of performance indicators 

and measures of progress toward sustainable long-term security 

and stability in Afghanistan, as specified in paragraph (2), 

and shall include performance standards and progress goals, 

together with a notional timetable for achieving such goals. 

(2) PERFORMANCE INDICATORS AND MEASURES OF PROGRESS

SPECIFIED.—The performance indicators and measures of 

progress specified in this paragraph shall include, at a minimum, the following: 

(A) With respect to the NATO ISAF, an assessment 

of unfulfilled NATO ISAF mission requirements and contributions from individual NATO ISAF countries, including 

levels of troops and equipment, the effect of contributions 

on operations, and unfulfilled commitments. 

(B) An assessment of military operations of the NATO 

ISAF, including of NATO ISAF countries, and an assessment of separate military operations by United States 

forces. Such assessments shall include— 

(i) indicators of a stable security environment in 

Afghanistan, such as number of engagements per day, 

and trends relating to the numbers and types of hostile 

encounters; and 

(ii) the effects of national caveats that limit operations, geographic location of operations, and estimated 

number of civilian casualties. 


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(C) For the Afghanistan National Army (ANA), and 

separately for the Afghanistan National Police (ANP), of 

the Afghanistan National Security Forces (ANSF) an 

assessment of the following: 

(i) Recruitment and retention numbers, rates of 

absenteeism, vetting procedures, and salary scale. 

(ii) Numbers trained, numbers receiving mentoring, the type of training and mentoring, and number 

of trainers, mentors, and advisers needed to support 

the ANA and ANP and associated ministries. 

(iii) Type of equipment used. 

(iv) Operational readiness status of ANSF units, 

including the type, number, size, and organizational 

structure of ANA and ANP units that are— 

(I) capable of conducting operations independently; 

(II) capable of conducting operations with the 

support of the United States, NATO ISAF forces, 

or other coalition forces; or 

(III) not ready to conduct operations. 

(v) Effectiveness of ANA and ANP officers and 

the ANA and ANP chain of command. 

(vi) Extent to which insurgents have infiltrated 

the ANA and ANP. 

(vii) Estimated number and capability level of the 

ANA and ANP needed to perform duties now undertaken by NATO ISAF countries, separate United States 

forces and other coalition forces, including defending 

the borders of Afghanistan and providing adequate 

levels of law and order throughout Afghanistan. 

(D) An assessment of the estimated strength of the 

insurgency in Afghanistan and the extent to which it is 

composed of non-Afghan fighters and utilizing weapons 

or weapons-related materials from countries other than 

Afghanistan. 

(E) A description of all terrorist and insurgent groups 

operating in Afghanistan, including the number, size, 

equipment strength, military effectiveness, sources of support, legal status, and any efforts to disarm or reintegrate 

each such group. 

(F) An assessment of security and stability, including 

terrorist and insurgent activity, in Afghanistan-Pakistan 

border areas and in Pakistan’s Federally Administered 

Tribal Areas. 

(G) An assessment of United States military requirements, including planned force rotations, for the twelvemonth period following the date of the report required 

under subsection (a). 

(H) For reconstruction and development, an assessment 

of the following: 

(i) The location, funding (including the sources 

of funding), staffing requirements, current staffing 

levels, and activities of each United States-led Provincial Reconstruction Team. 

(ii) Key indicators of economic activity that should 

be considered the most important for determining the 

prospects of stability in Afghanistan, including— 


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(I) the indicators set forth in the Afghanistan 

Compact, which consist of roads, education, health, 

agriculture, and electricity; and 

(II) unemployment and poverty levels. 

(I) For counter-narcotics efforts, an assessment of the 

activities of the Department of Defense in Afghanistan, 

as described in subsection (c)(4), and the effectiveness of 

such activities. 

(J) Key measures of political stability relating to both 

central and local Afghan governance. 

(K) For public corruption and rule of law, an assessment of anti-corruption and law enforcement activities at 

the local, provincial, and national levels and the effectiveness of such activities. 

(e) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex, 

if necessary. 

(f) CONGRESSIONAL BRIEFINGS.—The Secretary of Defense shall 

supplement the report required under subsection (a) with regular 

briefings to the appropriate congressional committees on the subject 

matter of the report. 

(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate. 

SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN 

NATIONAL SECURITY FORCES. 

(a) PLAN REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, and annually thereafter through 

the end of fiscal year 2010, the Secretary of Defense shall submit 

to the appropriate congressional committees a report on a longterm detailed plan for sustaining the Afghanistan National Army 

(ANA) and the Afghanistan National Police (ANP) of the Afghanistan National Security Forces (ANSF), with the objective of ensuring 

that a strong and fully-capable ANSF will be able to independently 

and effectively conduct operations and maintain long-term security 

and stability in Afghanistan. 

(b) COORDINATION.—The report required under subsection (a) 

shall be prepared in coordination with the Secretary of State. 

(c) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include a description of the following matters 

relating to the plan for sustaining the ANSF: 

(1) A comprehensive and effective long-term strategy and 

budget, with defined objectives. 

(2) A mechanism for tracking funding, equipment, training, 

and services provided for the ANSF by the United States, 

countries participating in the North Atlantic Treaty Organization (NATO) International Security Assistance Force (ISAF) 

in Afghanistan (hereafter in this section referred to as ‘‘NATO 

ISAF countries’’), and other coalition forces that are not part 

of the NATO ISAF. 


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(3) Any actions to assist the Government of Afghanistan 

achieve the following goals, and the results of such actions: 

(A) Build and sustain effective Afghan security institutions with fully-capable leadership and staff, including a 

reformed Ministry of Interior, a fully-established Ministry 

of Defense, and logistics, intelligence, medical, and 

recruiting units (hereafter in this section referred to as 

‘‘ANSF-sustaining institutions’’). 

(B) Train and equip fully-capable ANSF that are 

capable of conducting operations independently and in 

sufficient numbers. 

(C) Establish strong ANSF-readiness assessment tools 

and metrics. 

(D) Build and sustain strong, professional ANSF officers at the junior-, mid-, and senior-levels. 

(E) Develop strong ANSF communication and control 

between central command and regions, provinces, and districts. 

(F) Establish a robust mentoring and advising program, and a strong professional military training and education program, for all ANSF officials. 

(G) Establish effective merit-based salary, rank, promotion, and incentive structures for the ANSF. 

(H) Develop mechanisms for incorporating lessons 

learned and best practices into ANSF operations. 

(I) Establish an ANSF personnel accountability system 

with effective internal discipline procedures and mechanisms, and a system for addressing ANSF personnel complaints. 

(J) Ensure effective ANSF oversight mechanisms, 

including a strong record-keeping system to track ANSF 

equipment and personnel. 

(4) Coordination with all relevant departments and agencies of the Government of the United States, as well as NATO 

ISAF countries and other international partners, including on— 

(A) funding; 

(B) reform and establishment of ANSF-sustaining 

institutions; and 

(C) efforts to ensure that progress on sustaining the 

ANSF is reinforced with progress in other pillars of the 

Afghan security sector, particularly progress on building 

an effective judiciary, curbing production and trafficking 

of illicit narcotics, and demobilizing, disarming, and reintegrating militia fighters. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate. 


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SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE 

REGION ALONG THE BORDER OF AFGHANISTAN AND 

PAKISTAN. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than March 31, 2008, the Secretary of Defense, in consultation with the Secretary of State, 

shall submit to the appropriate congressional committees a 

report on enhancing security and stability in the region along 

the border of Afghanistan and Pakistan. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the following: 

(A) A detailed description of the efforts by the Government of Pakistan to achieve the following objectives: 

(i) Eliminate safe havens for Taliban, Al Qaeda, 

and other violent extremist forces on the national territory of Pakistan. 

(ii) Prevent the movement of such forces across 

the border of Pakistan into Afghanistan to engage in 

insurgent or terrorist activities. 

(B) An assessment of the Secretary of Defense as to 

whether Pakistan is making substantial and sustained 

efforts to achieve the objectives specified in subparagraph 

(A). 

(3) FORM.—The report required under paragraph (1) shall 

be submitted in unclassified form, but may include a classified 

annex. 

(4) LIMITATION.— 

(A) IN GENERAL.—If the Secretary of Defense does not 

submit the report required under paragraph (1) by March 

31, 2008, then after such date the Government of Pakistan 

may not be reimbursed under the authority of any provision 

of law described in subparagraph (B) for logistical, military, 

or other support provided by Pakistan to the United States 

until the Secretary submits to the appropriate congressional committees the report required by such paragraph. 

(B) PROVISIONS OF LAW.—The provisions of law referred 

to in subparagraph (A) are the following: 

(i) Section 1233. 

(ii) Any other provision of law under which payments are authorized to reimburse key cooperating 

nations for logistical, military, or other support provided by that nation to or in connection with United 

States military operations. 

(5) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Affairs 

of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Committee on Foreign Relations 

of the Senate. 

(b) NOTIFICATION RELATING TO DEPARTMENT OF DEFENSE

COALITION SUPPORT FUNDS FOR PAKISTAN.— 

(1) NOTIFICATION.— (A) IN GENERAL.—Not less than 15 days before making 

any reimbursement to the Government of Pakistan under 

Deadline. 


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the authority of any provision of law described in subparagraph (B) for logistical, military, or other support provided 

by Pakistan to the United States, the Secretary of Defense 

shall submit to the congressional defense committees a 

written notification that contains a detailed description 

of such logistical, military, or other support. 

(B) PROVISIONS OF LAW.—The provisions of law referred 

to in subparagraph (A) are the following: 

(i) Section 1233. 

(ii) Any other provision of law under which payments are authorized to reimburse key cooperating 

nations for logistical, military, or other support provided by that nation to or in connection with United 

States military operations. 

(2) MATTERS TO BE INCLUDED.—Each notification required 

under paragraph (1) shall include an itemized description of 

the following support provided by Pakistan to the United States 

for which the United States will provide reimbursement: 

(A) Logistic support, supplies, and services, as such 

term is defined in section 2350(1) of title 10, United States 

Code. 

(B) Military support. 

(C) Any other support or services. 

(3) FORM.—Each notification required under paragraph (1) 

shall be submitted in unclassified form, but may include a 

classified annex. 

(4) RELATIONSHIP TO OTHER NOTIFICATION REQUIREMENTS.— 

Each notification required under paragraph (1) shall be in 

addition to any notification requirements under any provision 

of law described in subparagraph (B) of such paragraph. 

(5) EFFECTIVE DATE.—The requirement to submit notifications under paragraph (1) shall apply with respect to reimbursements to the Government of Pakistan for logistical, military, 

or other support provided by Pakistan to the United States 

during the period beginning on February 1, 2008, and ending 

on September 30, 2009. 

SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 

SUPPORT PROVIDED TO UNITED STATES MILITARY 

OPERATIONS. 

(a) AUTHORITY.—From funds made available for the Department of Defense by section 1508 for operation and maintenance, 

Defense-wide activities, the Secretary of Defense may reimburse 

any key cooperating nation for logistical and military support provided by that nation to or in connection with United States military 

operations in Operation Iraqi Freedom or Operation Enduring 

Freedom. 

(b) AMOUNTS OF REIMBURSEMENT.— 

(1) IN GENERAL.—Reimbursement authorized by subsection 

(a) may be made in such amounts as the Secretary of Defense, 

with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget, 

may determine, based on documentation determined by the 

Secretary of Defense to adequately account for the support 

provided. 

(2) STANDARDS.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

Deadline. 

Applicability. 


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prescribe standards for determining the kinds of logistical and 

military support to the United States that shall be considered 

reimbursable under the authority in subsection (a). Such standards may not take effect until 15 days after the date on which 

the Secretary submits to the congressional defense committees 

a report setting forth such standards. 

(c) LIMITATIONS.— (1) LIMITATION ON AMOUNT.—The total amount of 

reimbursements made under the authority in subsection (a) 

during fiscal year 2008 may not exceed $1,200,000,000. 

(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE

PAYMENTS.—The Secretary of Defense may not enter into any 

contractual obligation to make a reimbursement under the 

authority in subsection (a). 

(d) NOTICE TO CONGRESS.—The Secretary of Defense shall— 

(1) notify the congressional defense committees not less 

than 15 days before making any reimbursement under the 

authority in subsection (a); and 

(2) submit to the congressional defense committees on a 

quarterly basis a report on any reimbursements made under 

the authority in subsection (a) during such quarter. 

SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING OPERATIONS IN IRAQ AND AFGHANISTAN. 

(a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUPPORT.—Subject 

to the provisions of this section, amounts available to the Department of Defense for fiscal year 2008 for operation and maintenance 

may be used to provide supplies, services, transportation (including 

airlift and sealift), and other logistical support to coalition forces 

supporting United States military and stabilization operations in 

Iraq and Afghanistan. 

(b) REQUIRED DETERMINATION.—The Secretary may provide 

logistical support under the authority in subsection (a) only if 

the Secretary determines that the coalition forces to be provided 

the logistical support— 

(1) are essential to the success of a United States military 

or stabilization operation; and 

(2) would not be able to participate in such operation 

without the provision of the logistical support. 

(c) COORDINATION WITH EXPORT CONTROL LAWS.—Logistical 

support may be provided under the authority in subsection (a) 

only in accordance with applicable provisions of the Arms Export 

Control Act and other export control laws of the United States. 

(d) LIMITATION ON VALUE.—The total amount of logistical support provided under the authority in subsection (a) in fiscal year 

2008 may not exceed $400,000,000. 

(e) QUARTERLY REPORTS.— 

(1) REPORTS REQUIRED.—Not later than 15 days after the 

end of each fiscal-year quarter of fiscal year 2008, the Secretary 

shall submit to the congressional defense committees a report 

on the provision of logistical support under the authority in 

subsection (a) during such fiscal-year quarter. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include, for the fiscal-year quarter covered by such report, 

the following: 

(A) Each nation provided logistical support under the 

authority in subsection (a). 

Deadline. 

Reports. 


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(B) For each such nation, a description of the type 

and value of logistical support so provided. 

Subtitle C—Iraq Refugee Crisis 

SEC. 1241. SHORT TITLE. 

This subtitle may be cited as the ‘‘Refugee Crisis in Iraq Act 

of 2007’’. 

SEC. 1242. PROCESSING MECHANISMS. 

(a) IN GENERAL.—The Secretary of State, in consultation with 

the Secretary of Homeland Security, shall establish or use existing 

refugee processing mechanisms in Iraq and in countries, where 

appropriate, in the region in which— 

(1) aliens described in section 1243 may apply and interview for admission to the United States as refugees; and 

(2) aliens described in section 1244(b) may apply and interview for admission to United States as special immigrants. 

(b) SUSPENSION.—If such is determined necessary, the Secretary 

of State, in consultation with the Secretary of Homeland Security, 

may suspend in-country processing under subsection (a) for a period 

not to exceed 90 days. Such suspension may be extended by the 

Secretary of State upon notification to the Committee on the 

Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on 

the Judiciary of the Senate, and the Committee on Foreign Relations 

of the Senate. The Secretary of State shall submit to such committees a report outlining the basis of any such suspension and any 

extensions thereof. 

(c) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of State, in consultation with 

the Secretary of Homeland Security, shall submit to the committees 

specified in subsection (b) a report that— 

(1) describes the Secretary of State’s plans to establish 

the processing mechanisms required under subsection (a); 

(2) contains an assessment of in-country processing that 

makes use of videoconferencing; and 

(3) describes the Secretary of State’s diplomatic efforts 

to improve issuance of exit permits to Iraqis who have been 

provided special immigrant status under section 1244 and Iraqi 

refugees under section 1243. 

SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES. 

(a) IN GENERAL.—Refugees of special humanitarian concern 

eligible for Priority 2 processing under the refugee resettlement 

priority system who may apply directly to the United States Admission Program shall include— 

(1) Iraqis who were or are employed by the United States 

Government, in Iraq; 

(2) Iraqis who establish to the satisfaction of the Secretary 

of State that they are or were employed in Iraq by— 

(A) a media or nongovernmental organization 

headquartered in the United States; or 

(B) an organization or entity closely associated with 

the United States mission in Iraq that has received United 

Reports. 

Notification. 

Refugee Crisis in 

Iraq Act of 2007. 


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States Government funding through an official and documented contract, award, grant, or cooperative agreement; 

and 

(3) spouses, children, and parents whether or not accompanying or following to join, and sons, daughters, and siblings 

of aliens described in paragraph (1), paragraph (2), or section 

1244(b)(1); and 

(4) Iraqis who are members of a religious or minority 

community, have been identified by the Secretary of State, 

or the designee of the Secretary, as a persecuted group, and 

have close family members (as described in section 

201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 

Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United States. 

(b) IDENTIFICATION OF OTHER PERSECUTED GROUPS.—The Secretary of State, or the designee of the Secretary, is authorized 

to identify other Priority 2 groups of Iraqis, including vulnerable 

populations. 

(c) INELIGIBLE ORGANIZATIONS AND ENTITIES.—Organizations 

and entities described in subsection (a)(2) shall not include any 

that appear on the Department of the Treasury’s list of Specially 

Designated Nationals or any entity specifically excluded by the 

Secretary of Homeland Security, after consultation with the Secretary of State and the heads of relevant elements of the intelligence 

community (as defined in section 3(4) of the National Security 

Act of 1947 (50 U.S.C. 401a(4)). 

(d) APPLICABILITY OF OTHER REQUIREMENTS.—Aliens under this 

section who qualify for Priority 2 processing under the refugee 

resettlement priority system shall satisfy the requirements of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 

for admission to the United States. 

(e) NUMERICAL LIMITATIONS.—In determining the number of 

Iraqi refugees who should be resettled in the United States under 

paragraphs (2), (3), and (4) of subsection (a) and subsection (b) 

of section 207 of the Immigration and Nationality Act (8 U.S.C. 

1157), the President shall consult with the heads of nongovernmental organizations that have a presence in Iraq or experience 

in assessing the problems faced by Iraqi refugees. 

(f) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No alien shall 

be denied the opportunity to apply for admission under this section 

solely because such alien qualifies as an immediate relative or 

is eligible for any other immigrant classification. 

SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS. 

(a) IN GENERAL.—Subject to subsection (c), the Secretary of 

Homeland Security, or, notwithstanding any other provision of law, 

the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) 

with the status of a special immigrant under section 101(a)(27) 

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if 

the alien— 

(1) or an agent acting on behalf of the alien, submits 

a petition for classification under section 203(b)(4) of such Act 

(8 U.S.C. 1153(b)(4)); 

(2) is otherwise eligible to receive an immigrant visa; 

(3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and 

President. 


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(4) cleared a background check and appropriate screening, 

as determined by the Secretary of Homeland Security. 

(b) ALIENS DESCRIBED.— 

(1) PRINCIPAL ALIENS.—An alien is described in this subsection if the alien— 

(A) is a citizen or national of Iraq; 

(B) was or is employed by or on behalf of the United 

States Government in Iraq, on or after March 20, 2003, 

for not less than one year; 

(C) provided faithful and valuable service to the United 

States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from 

the employee’s senior supervisor or the person currently 

occupying that position, or a more senior person, if the 

employee’s senior supervisor has left the employer or has 

left Iraq; and 

(D) has experienced or is experiencing an ongoing 

serious threat as a consequence of the alien’s employment 

by the United States Government. 

(2) SPOUSES AND CHILDREN.—An alien is described in this 

subsection if the alien— 

(A) is the spouse or child of a principal alien described 

in paragraph (1); and 

(B) is accompanying or following to join the principal 

alien in the United States. 

(3) TREATMENT OF SURVIVING SPOUSE OR CHILD.—An alien 

is described in subsection (b) if the alien— 

(A) was the spouse or child of a principal alien 

described in paragraph (1) who had a petition for classification approved pursuant to this section or section 1059 

of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 8 U.S.C. 1101 note), which 

included the alien as an accompanying spouse or child; 

and 

(B) due to the death of the principal alien— 

(i) such petition was revoked or terminated (or 

otherwise rendered null); and 

(ii) such petition would have been approved if the 

principal alien had survived. 

(4) APPROVAL BY CHIEF OF MISSION REQUIRED.—A recommendation or evaluation required under paragraph (1)(C) 

shall be accompanied by approval from the Chief of Mission, 

or the designee of the Chief of Mission, who shall conduct 

a risk assessment of the alien and an independent review 

of records maintained by the United States Government or 

hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior 

to approval of a petition under this section. 

(c) NUMERICAL LIMITATIONS.— 

(1) IN GENERAL.—The total number of principal aliens who 

may be provided special immigrant status under this section 

may not exceed 5,000 per year for each of the five fiscal years 

beginning after the date of the enactment of this Act. 

(2) EXCLUSION FROM NUMERICAL LIMITATIONS.—Aliens provided special immigrant status under this section shall not 

be counted against any numerical limitation under sections 


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201(d), 202(a), or 203(b)(4) of the Immigration and Nationality 

Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 

(3) CARRY FORWARD.— 

(A) FISCAL YEARS ONE THROUGH FOUR.—If the numerical limitation specified in paragraph (1) is not reached 

during a given fiscal year referred to in such paragraph 

(with respect to fiscal years one through four), the numerical limitation specified in such paragraph for the following 

fiscal year shall be increased by a number equal to the 

difference between— 

(i) the numerical limitation specified in paragraph 

(1) for the given fiscal year; and 

(ii) the number of principal aliens provided special 

immigrant status under this section during the given 

fiscal year. 

(B) FISCAL YEARS FIVE AND SIX.—If the numerical 

limitation specified in paragraph (1) is not reached in the 

fifth fiscal year beginning after the date of the enactment 

of this Act, the total number of principal aliens who may 

be provided special immigrant status under this section 

for the sixth fiscal year beginning after such date shall 

be equal to the difference between— 

(i) the numerical limitation specified in paragraph 

(1) for the fifth fiscal year; and 

(ii) the number of principal aliens provided such 

status under this section during the fifth fiscal year. 

(d) VISA AND PASSPORT ISSUANCE AND FEES.—Neither the Secretary of State nor the Secretary of Homeland Security may charge 

an alien described in subsection (b) any fee in connection with 

an application for, or issuance of, a special immigrant visa. The 

Secretary of State shall make a reasonable effort to ensure that 

aliens described in this section who are issued special immigrant 

visas are provided with the appropriate series Iraqi passport necessary to enter the United States. 

(e) PROTECTION OF ALIENS.—The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make 

a reasonable effort to provide an alien described in this section 

who is applying for a special immigrant visa with protection or 

the immediate removal from Iraq, if possible, of such alien if the 

Secretary determines after consultation that such alien is in 

imminent danger. 

(f) ELIGIBILITY FOR ADMISSION UNDER OTHER CLASSIFICATION.— 

No alien shall be denied the opportunity to apply for admission 

under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. 

(g) RESETTLEMENT SUPPORT.—Iraqi aliens granted special 

immigrant status described in section 101(a)(27) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for 

resettlement assistance, entitlement programs, and other benefits 

available to refugees admitted under section 207 of such Act (8 

U.S.C. 1157) for a period not to exceed eight months. 

(h) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to affect the authority of the Secretary of Homeland 

Security under section 1059 of the National Defense Authorization 

Act for Fiscal Year 2006. 


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SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES AND 

INTERNALLY DISPLACED PERSONS. 

(a) DESIGNATION IN IRAQ.—The Secretary of State shall designate in the embassy of the United States in Baghdad, Iraq, 

a Senior Coordinator for Iraqi Refugees and Internally Displaced 

Persons (referred to in this section as the ‘‘Senior Coordinator’’). 

(b) RESPONSIBILITIES.—The Senior Coordinator shall be responsible for the oversight of processing for the resettlement in the 

United States of refugees of special humanitarian concern, special 

immigrant visa programs in Iraq, and the development and 

implementation of other appropriate policies and programs concerning Iraqi refugees and internally displaced persons. The Senior 

Coordinator shall have the authority to refer persons to the United 

States refugee resettlement program. 

(c) DESIGNATION OF ADDITIONAL SENIOR COORDINATORS.—The 

Secretary of State shall designate in the embassies of the United 

States in Cairo, Egypt, Amman, Jordan, Damascus, Syria, and 

Beirut, Lebanon, a Senior Coordinator to oversee resettlement in 

the United States of refugees of special humanitarian concern in 

those countries to ensure their applications to the United States 

refugee resettlement program are processed in an orderly manner 

and without delay. 

SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI 

REFUGEES. 

With respect to each country with a significant population 

of Iraqi refugees, including Iraq, Jordan, Egypt, Syria, Turkey, 

and Lebanon, the Secretary of State shall— 

(1) as appropriate, consult with the appropriate government 

officials of such countries and other countries and the United 

Nations High Commissioner for Refugees regarding resettlement of the most vulnerable members of such refugee populations; and 

(2) as appropriate, except where otherwise prohibited by 

the laws of the United States, develop mechanisms in and 

provide assistance to countries with a significant population 

of Iraqi refugees to ensure the well-being and safety of such 

populations in their host environments. 

SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM. 

An alien who applied for asylum or withholding of removal 

and whose claim was denied on or after March 1, 2003, by an 

asylum officer or an immigration judge solely, or in part, on the 

basis of changed country conditions may, notwithstanding any other 

provision of law, file a motion to reopen such claim in accordance 

with subparagraphs (A) and (B) of section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(7)) not later than six 

months after the date of the enactment of the Refugee Crisis in 

Iraq Act if the alien— 

(1) is a citizen or national of Iraq; and 

(2) has remained in the United States since the date of 

such denial. 

SEC. 1248. REPORTS. 

(a) SECRETARY OF HOMELAND SECURITY.—Not later than 120 

days after the date of the enactment of this Act, the Secretary 

of Homeland Security shall submit to the Committee on the 


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Judiciary of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on 

the Judiciary of the Senate, and the Committee on Foreign Relations 

of the Senate a report containing plans to expedite the processing 

of Iraqi refugees for resettlement, including information relating 

to— 

(1) expediting the processing of Iraqi refugees for resettlement, including through temporary expansion of the Refugee 

Corps of United States Citizenship and Immigration Services; 

(2) increasing the number of personnel of the Department 

of Homeland Security devoted to refugee processing in Iraq, 

Jordan, Egypt, Syria, Turkey, and Lebanon; 

(3) enhancing existing systems for conducting background 

and security checks of persons applying for special immigrant 

status and of persons considered Priority 2 refugees of special 

humanitarian concern under the refugee resettlement priority 

system, which enhancements shall support immigration security and provide for the orderly processing of such applications 

without delay; and 

(4) the projections of the Secretary, per country and per 

month, for the number of refugee interviews that will be conducted in fiscal year 2008 and fiscal year 2009. 

(b) PRESIDENT.—Not later than 120 days after the date of 

the enactment of this Act, and annually thereafter through 2013, 

the President shall submit to Congress an unclassified report, with 

a classified annex if necessary, which includes— 

(1) an assessment of the financial, security, and personnel 

considerations and resources necessary to carry out the provisions of this subtitle; 

(2) the number of aliens described in section 1243(a)(1); 

(3) the number of such aliens who have applied for special 

immigrant visas; 

(4) the date of such applications; and 

(5) in the case of applications pending for longer than 

six months, the reasons that such visas have not been expeditiously processed. 

(c) REPORT ON IRAQI CITIZENS AND NATIONALS EMPLOYED BY

THE UNITED STATES GOVERNMENT OR FEDERAL CONTRACTORS IN

IRAQ.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, the 

Secretary of State, the Administrator of the United States 

Agency for International Development, the Secretary of the 

Treasury, and the Secretary of Homeland Security shall— 

(A) review internal records and databases of their 

respective agencies for information that can be used to 

verify employment of Iraqi nationals by the United States 

Government; and 

(B) request from each prime contractor or grantee that 

has performed work in Iraq since March 20, 2003, under 

a contract, grant, or cooperative agreement with their 

respective agencies that is valued in excess of $25,000 

information that can be used to verify the employment 

of Iraqi nationals by such contractor or grantee. 

(2) INFORMATION REQUIRED.—To the extent data is available, the information referred to in paragraph (1) shall include 

the name and dates of employment of, biometric data for, 


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and other data that can be used to verify the employment 

of each Iraqi citizen or national who has performed work in 

Iraq since March 20, 2003, under a contract, grant, or cooperative agreement with an executive agency. 

(3) EXECUTIVE AGENCY DEFINED.—In this subsection, the 

term ‘‘executive agency’’ has the meaning given the term in 

section 4(1) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 403(1)). 

(d) REPORT ON ESTABLISHMENT OF DATABASE.—Not later than 

120 days after the date of the enactment of this Act, the Secretary 

of Defense, in consultation with the Secretary of State, the Administrator of the United States Agency for International Development, 

the Secretary of the Treasury, and the Secretary of Homeland 

Security, shall submit to Congress a report examining the options 

for establishing a unified, classified database of information related 

to contracts, grants, or cooperative agreements entered into by 

executive agencies for the performance of work in Iraq since March 

20, 2003, including the information described and collected under 

subsection (c), to be used by relevant Federal departments and 

agencies to adjudicate refugee, asylum, special immigrant visa, 

and other immigration claims and applications. 

(e) NONCOMPLIANCE REPORT.—Not later than 180 days after 

the date of the enactment of this Act, the President shall submit 

a report to Congress that describes— 

(1) the inability or unwillingness of any contractor or 

grantee to provide the information requested under subsection 

(c)(1)(B); and 

(2) the reasons for failing to provide such information. 

SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may 

be necessary to carry out this subtitle. 

Subtitle D—Other Authorities and 

Limitations 

SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER 

COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS AND OTHER ALLIED 

AND FRIENDLY FOREIGN COUNTRIES. 

Section 2350a(e) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(A)’’; 

(B) by striking ‘‘an arms cooperation opportunities 

document’’ and inserting ‘‘a cooperative opportunities document before the first milestone or decision point’’; and 

(C) by striking subparagraph (B); and 

(2) in paragraph (2), by striking ‘‘An arms cooperation 

opportunities document’’ and inserting ‘‘A cooperative 

opportunities document’’. 

President. 


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SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY 

TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL 

PROTECTION AND SURVIVABILITY. 

(a) EXPANSION TO NATIONS ENGAGED IN CERTAIN PEACEKEEPING

OPERATIONS.—Subsection (a) of section 1202 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2412) is amended— 

(1) in paragraph (1), by inserting ‘‘or participating in combined operations with the United States as part of a peacekeeping operation under the Charter of the United Nations 

or another international agreement’’ after ‘‘Iraq or Afghanistan’’; and 

(2) in paragraph (3) by inserting ‘‘, or in a peacekeeping 

operation described in paragraph (1), as applicable,’’ after ‘‘Iraq 

or Afghanistan’’. 

(b) ONE-YEAR EXTENSION.—Subsection (e) of such section is 

amended by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’. 

(c) CONFORMING AMENDMENT.—The heading of such section 

is amended by striking ‘‘FOREIGN FORCES IN IRAQ AND AFGHANI- STAN’’ and inserting ‘‘CERTAIN FOREIGN FORCES’’. 

SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF 

PALAU FOR COSTS OF UNITED STATES MILITARY CIVIC 

ACTION TEAM IN PALAU. 

Section 104(a) of Public Law 99–658 (48 U.S.C. 1933(a)) is 

amended— 

(1) by striking ‘‘In recognition’’ and inserting ‘‘(1) In recognition’’; and 

(2) by adding at the end the following: 

‘‘(2) For expenditures that the Department of Defense makes 

pursuant to paragraph (1), the Secretary of Defense may accept 

up to the amount of $250,000 in annual funds from the Government 

of Palau as specified in paragraph (1). Funds accepted by the 

Secretary from the Government of Palau under this paragraph 

shall be credited to and merged with appropriations available to 

the Department of Defense and shall be used to defray expenditures 

attendant to the operation of the United States military Civic 

Action Team in Palau. Funds so credited and merged shall be 

available for the same time period as the appropriations to which 

the funds are credited and merged.’’. 

SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA. 

Section 1211 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2420) 

is amended by striking subsection (a). 

SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS 

OF AL QAEDA. 

(a) ENHANCED REWARD FOR CAPTURE OF OSAMA BIN LADEN.— 

Section 36(e)(1) of the State Department Basic Authorities Act 

of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at the end 

the following new sentence: ‘‘The Secretary shall authorize a reward 

of $50,000,000 for the capture or death or information leading 

to the capture or death of Osama bin Laden.’’. 

(b) STATUS OF EFFORTS TO BRING OSAMA BIN LADEN AND

OTHER LEADERS OF AL QAEDA TO JUSTICE.— 


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(1) REPORT REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of State and 

the Secretary of Defense shall, in coordination with the Director 

of National Intelligence, jointly submit to Congress a report 

on the progress made in bringing Osama bin Laden and other 

leaders of al Qaeda to justice. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) An assessment of the likely current location of 

terrorist leaders, including Osama bin Laden, Ayman alZawahiri, and other key leaders of al Qaeda. 

(B) A description of ongoing efforts to bring to justice 

such terrorist leaders, particularly those who have been 

directly implicated in attacks in the United States and 

its embassies. 

(C) An assessment of whether the government of each 

country assessed as a likely location of top leaders of al 

Qaeda has fully cooperated in efforts to bring those leaders 

to justice. 

(D) A description of diplomatic efforts currently being 

made to improve the cooperation of the governments 

described in subparagraph (C). 

(E) A description of the current status of the top leadership of al Qaeda and the strategy for locating them and 

bringing them to justice. 

(F) An assessment of whether al Qaeda remains the 

terrorist organization that poses the greatest threat to 

United States interests, including the greatest threat to 

the territorial United States. 

(3) UPDATE OF REPORT.—Not later than one year after 

the submission of the report required under paragraph (1), 

the Secretary of State and the Secretary of Defense shall, 

in coordination with the Director of National Intelligence, 

jointly submit to Congress an update of the report required 

under paragraph (1). 

(4) FORM.—The report required under paragraph (1) and 

the update of the report required under paragraph (3) shall 

be submitted in unclassified form, but may contain a classified 

annex, if necessary. 

SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM 

REVIEW COMMITTEE. 

(a) MEMBERS.—Section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended 

in subsection (a)(1)— 

(1) in subparagraph (C) by striking ‘‘Director of Central 

Intelligence’’ and inserting ‘‘Director of National Intelligence’’; 

and 

(2) by adding at the end the following: 

‘‘(E) The Secretary of State. 

‘‘(F) The Secretary of Homeland Security.’’. 

(b) ACCESS TO INFORMATION.—Subsection (d) of such section 

is amended by inserting after ‘‘Department of Energy,’’ the following: ‘‘the Department of State, the Department of Homeland 

Security,’’. 

(c) TERMINATION.—Subsection (f) of such section is amended 

by striking ‘‘2008’’ and inserting ‘‘2013’’. 


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(d) SUBMISSION OF REPORT.—Section 1503 of the National 

Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 

note) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; 

and 

(B) by striking ‘‘each year’’ and inserting ‘‘each oddnumbered year’’; and 

(2) in subsection (b)(5)— 

(A) by striking ‘‘fiscal year preceding’’ and inserting 

‘‘two fiscal years preceding’’; and 

(B) by striking ‘‘preceding fiscal year’’ and inserting 

‘‘preceding fiscal years’’. 

SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE 

INSTITUTE FOR SECURITY COOPERATION. 

It is the sense of Congress that— 

(1) the education and training facility of the Department 

of Defense known as the Western Hemisphere Institute for 

Security Cooperation has the mission of providing professional 

education and training to eligible military personnel, law 

enforcement officials, and civilians of nations of the Western 

Hemisphere that support the democratic principles set forth 

in the Inter-American Democratic Charter of the Organization 

of American States, while fostering mutual knowledge, transparency, confidence, and cooperation among the participating 

nations and promoting democratic values and respect for human 

rights; and 

(2) therefore, the Institute is an invaluable education and 

training facility which the Department of Defense should continue to utilize in order to help foster a spirit of partnership 

and interoperability among the United States military and 

the militaries of participating nations. 

SEC. 1258. SENSE OF CONGRESS ON IRAN. 

It is the sense of Congress that— 

(1) the manner in which the United States transitions 

and structures its military presence in Iraq will have critical 

long-term consequences for the future of the Persian Gulf and 

the Middle East, in particular with regard to the ability of 

the Government of Iran to pose a threat to the security of 

the region, the prospects for democracy for the people of the 

region, and the health of the global economy; 

(2) it is in the national interest of the United States that 

the Government of Iran should not use extremists in Iraq 

to subvert or co-opt the institutions of the legitimate Government of Iraq; 

(3) the United States should designate Iran’s Islamic 

Revolutionary Guards Corps as a foreign terrorist organization 

under section 219 of the Immigration and Nationality Act (8 

U.S.C. 1189) and place the Islamic Revolutionary Guards Corps 

on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers 

Act (50 U.S.C. 1701 et seq.) and initiated under Executive 

Order 13224 (September 23, 2001); and 

(4) the United States should act with all possible expediency to complete the listing of those entities targeted under 

United Nations Security Council Resolutions 1737 and 1747, 


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adopted unanimously on December 23, 2006, and March 24, 

2007, respectively. 

Subtitle E—Reports 

SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS 

RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE. 

Section 1225 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465) is amended— 

(1) in subsection (b)(2)— 

(A) in the heading, by striking ‘‘UPDATE’’ and inserting 

‘‘UPDATES’’; and 

(B) by inserting ‘‘and not later than two years after 

enactment of this Act,’’ after ‘‘Not later than one year 

after enactment of this Act,’’; and 

(2) in subsection (c), by striking ‘‘Committee on International Relations’’ and inserting ‘‘Committee on Foreign 

Affairs’’. 

SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, 

SUDAN. 

(a) REQUIREMENT FOR REPORT.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense and 

the Secretary of State shall jointly submit to the appropriate 

congressional committees a report on the policy of the United 

States to address the crisis in the Darfur region of Sudan, 

eastern Chad, and north-eastern Central African Republic, and 

on the contributions of the Department of Defense and the 

Department of State to the North Atlantic Treaty Organization 

(NATO), the United Nations, and the African Union in support 

of the current African Union Mission in Sudan (AMIS) or 

any covered United Nations mission. 

(2) UPDATE OF REPORT.—Not later than 180 days after 

the submission of the report required under paragraph (1), 

the Secretary of Defense and the Secretary of State shall jointly 

submit to the appropriate congressional committees an update 

of the report. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of the extent to which the Government 

of Sudan is in compliance with its obligations under international law and as a member of the United Nations, including 

under United Nations Security Council Resolutions 1591 (2005), 

1706 (2006), 1769 (2007), and 1784 (2007) and a description 

of any violations of such obligations, including violations 

relating to the denial of or delay in facilitating access by AMIS 

and United Nations peacekeeping forces to conflict areas, failure 

to implement responsibilities to demobilize and disarm the 

Janjaweed militias, obstruction of the voluntary safe return 

of internally displaced persons and refugees, and degradation 

of security of and access to humanitarian supply routes. 

(2) An assessment of the role played by rebel forces in 

contributing to violence being carried out against civilians and 

humanitarian organizations and of the impact of such activities 


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on international efforts to create conditions of peace and security on the ground. 

(3) A comprehensive explanation of the policy of the United 

States to address the crisis in the Darfur region, including 

the activities undertaken by the Department of Defense and 

the Department of State in support of that policy. 

(4) A comprehensive assessment of the potential impact 

of a no-fly zone for the Darfur region, including an assessment 

of the impact of such a no-fly zone on humanitarian efforts 

in Darfur and the region and a plan to minimize any negative 

impact on such humanitarian efforts during the implementation 

of such a no-fly zone. 

(5) A description of contributions made by the Department 

of Defense and the Department of State in support of NATO 

assistance to AMIS and any covered United Nations mission. 

(6) An assessment of the extent to which additional United 

States Government resources are necessary to meet its obligations to AMIS and any covered United Nations mission. 

(7) An assessment of the force size and composition of 

an international effort estimated to be necessary to provide 

protection to civilian populations currently displaced in the 

Darfur region, as well as the force size and composition of 

an international effort estimated to be necessary to provide 

broader stability within that region. 

(8) An examination of the current capacity of the existing 

airfield in Abeche, Chad, including the scope of its current 

use by the international community in response to the crisis 

in the Darfur region. 

(9) An analysis of the upgrades, and their associated costs, 

necessary to enable the airfield in Abeche, Chad, to be improved 

to be fully capable of accommodating a humanitarian, peacekeeping, or other force deployment of the size foreseen by 

United Nations Security Council Resolution 1769 calling for 

a United Nations deployment to Chad and a hybrid force of 

the United Nations and African Union operating under Chapter 

VII of the United Nations Charter for Sudan. 

(c) FORM AND AVAILABILITY OF REPORTS.— 

(1) FORM.—The report and update of the report required 

under subsection (a) shall be submitted in an unclassified form, 

but may include a classified annex. 

(2) AVAILABILITY.—The unclassified portion of the report 

and update of the report required under subsection (a) shall 

be made available to the public. 

(d) REPEAL OF SUPERSEDED REPORT REQUIREMENT.—Section 

1227 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2426) is repealed. 

(e) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and 

(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 

(2) COVERED UNITED NATIONS MISSION.—The term ‘‘covered 

United Nations mission’’ means any United Nations-African 

Union hybrid peacekeeping operation in the Darfur region of 

Sudan, and any United Nations peacekeeping operation in the 

Public 

information. 


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Darfur region, eastern Chad, or northern Central African 

Republic, that is deployed on or after the date of the enactment 

of this Act. 

SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN ANNUAL REPORT ON MILITARY POWER OF THE 

PEOPLE’S REPUBLIC OF CHINA. 

Section 1202(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is 

amended by adding at the end the following new paragraph: 

‘‘(9) Developments in China’s asymmetric capabilities, 

including efforts to acquire, develop, and deploy cyberwarfare 

capabilities.’’. 

SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILITARY JUSTICE TO CIVILIANS ACCOMPANYING THE 

ARMED FORCES DURING A TIME OF DECLARED WAR OR 

CONTINGENCY OPERATION. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the status of implementing paragraph 

(10) of section 802(a) of title 10, United States Code (article 2(a) 

of the Uniform Code of Military Justice), as amended by section 

552 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364), related to the application 

of chapter 47 of such title (the Uniform Code of Military Justice) 

to persons serving with or accompanying an armed force in the 

field during a time of declared war or contingency operation. 

(b) CONTENTS OF REPORT.—The report required by subsection 

(a) shall include each of the following: 

(1) A discussion of how the Secretary has resolved issues 

related to establishing jurisdiction under such chapter over 

persons referred to in paragraph (10) of section 802(a) of title 

10, United States Code (article 2(a) of the Uniform Code of 

Military Justice), specifically with respect to persons under 

contract with the Department of Defense or with other Federal 

agencies. 

(2) An identification of any outstanding issues that remain 

to be resolved with respect to implementing such paragraph 

and a timetable for resolving such issues. 

(3) A description of key implementing steps that have been 

taken or remain to be taken to assert jurisdiction under chapter 

47 of such title over such persons. 

(4) An explanation of the Secretary’s approach to identifying factors that commanders should consider in determining 

whether to seek prosecution of such a person under such 

chapter or under chapter 212 of title 18, United States Code. 

SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES 

CITIZENS AND THEIR RELATIVES IN NORTH KOREA. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit to Congress a report on family reunions between United States citizens 

and their relatives in the Democratic People’s Republic of Korea. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

President. 


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(1) A description of the efforts, if any, of the United States 

Government to facilitate family reunions between United States 

citizens and their relatives in North Korea, including the following: 

(A) Discussing with North Korea family reunions 

between United States citizens and their relatives in North 

Korea. 

(B) Planning, in the event of a normalization of relations between the United States and North Korea, for 

the appropriate role of the United States embassy in 

Pyongyang, North Korea, in facilitating family reunions 

between United States citizens and their relatives in North 

Korea. 

(2) A description of additional efforts, if any, of the United 

States Government to facilitate family reunions between United 

States citizens and their relatives in North Korea that the 

President considers to be desirable and feasible. 

SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES. 

(a) DEPARTMENT OF STATE REPORT.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of State shall 

submit to the congressional defense committees, the Committee 

on Foreign Relations of the Senate, and the Committee on 

Foreign Affairs of the House of Representatives a report 

assessing the capability of the Department of State to provide 

training and guidance to the command of an international 

intervention force that seeks to prevent mass atrocities. 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following: 

(A) An evaluation of any doctrine currently used by 

the Secretary of State to prepare for the training and 

guidance of the command of an international intervention 

force. 

(B) An assessment of the role played by the United 

States in developing the ‘‘responsibility to protect’’ doctrine 

described in paragraphs 138 through 140 of the outcome 

document of the High-level Plenary Meeting of the General 

Assembly adopted by the United Nations in September 

2005, and an update on actions taken by the United States 

Mission to the United Nations to discuss, promote, and 

implement such doctrine. 

(C) An assessment of the potential capability of the 

Department of State and other Federal departments and 

agencies to support the development of new doctrines for 

the training and guidance of an international intervention 

force in keeping with the ‘‘responsibility to protect’’ doctrine. 

(D) Recommendations as to the steps necessary to allow 

the Secretary of State to provide more effective training 

and guidance to an international intervention force. 

(b) DEPARTMENT OF DEFENSE REPORT.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee 

on Foreign Affairs of the House of Representatives a report 


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assessing the capability of the Department of Defense to provide 

training and guidance to the command of an international 

intervention force that seeks to prevent mass atrocities. 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following: 

(A) An evaluation of any doctrine currently used by 

the Secretary of Defense to prepare for the training and 

guidance of the command of an international intervention 

force. 

(B) An assessment of the potential capability of the 

Department of Defense and other Federal departments and 

agencies to support the development of new doctrines for 

the training and guidance of an international intervention 

force in keeping with the ‘‘responsibility to protect’’ doctrine. 

(C) Recommendations as to the steps necessary to allow 

the Secretary of Defense to provide more effective training 

and guidance to an international intervention force. 

(D) A summary of any assessments or studies of the 

Department of Defense or other Federal departments or 

agencies relating to ‘‘Operation Artemis’’, the 2004 French 

military deployment and intervention in the eastern region 

of the Democratic Republic of Congo to protect civilians 

from local warring factions. 

(c) INTERNATIONAL INTERVENTION FORCE.—For the purposes 

of this section, ‘‘international intervention force’’ means a military 

force that— 

(1) is authorized by the United Nations; and 

(2) has a mission that is narrowly focused on the protection 

of civilian life and the prevention of mass atrocities such as 

genocide. 

SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM 

UNGOVERNED AREAS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense and the 

Secretary of State, in coordination with the Director of National 

Intelligence, shall jointly submit to the specified congressional 

committees a report on the threats posed to the United States 

from ungoverned areas, including the threats to the United States 

from terrorist groups and individuals located in such areas who 

direct their activities against the national security interests of 

the United States and its allies. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A description of those areas the United States Government considers ungoverned, including— 

(A) a description of the geo-political and cultural influences exerted within such areas and by whom; 

(B) a description of the economic conditions and prospects and the major social dynamics of such areas; and 

(C) a description of the United States Government’s 

relationships with entities located in such areas, including 

with relevant national or other governments and relevant 

tribal or other groups. 

(2) A description of the capabilities required by the United 

States Government to support United States policy aimed at 


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managing the threats described in subsection (a), including, 

specifically, the technical, linguistic, and analytical capabilities 

required by the Department of Defense and the Department 

of State. 

(3) An assessment of the extent to which the Department 

of Defense and the Department of State possess the capabilities 

described in paragraph (2) as well as the necessary resources 

and organization to support United States policy aimed at 

managing the threats described in subsection (a). 

(4) A description of the extent to which the implementation 

of Department of Defense Directive 3000.05, entitled ‘‘Military 

Support for Stability, Security, Transition, and Reconstruction 

Operations’’, will support United States policy for managing 

such threats. 

(5) A description of the actions, if any, to be taken to 

improve the capabilities of the Department of Defense and 

the Department of State described in paragraph (2), and the 

schedule for implementing any actions so described. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, to the maximum extent practicable, 

but may contain a classified annex, if necessary. 

(d) DEFINITION.—In this section, the term ‘‘specified congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside 

the former Soviet Union. 

Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union 

for Cooperative Threat Reduction. 

Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union. 

Sec. 1306. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1307. Report relating to chemical weapons destruction at Shchuch’ye, Russia. 

Sec. 1308. National Academy of Sciences study of prevention of proliferation of biological weapons. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 

specified in section 1501(b) of the National Defense Authorization 

Act for Fiscal Year 1997 (50 U.S.C. 2362 note), as amended by 

section 1303 of this Act. 

22 USC 5852 

note. 


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(b) FISCAL YEAR 2008 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2008 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for 

Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

three fiscal years. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $428,048,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2008 in section 301(19) for Cooperative Threat Reduction 

programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$92,885,000. 

(2) For nuclear weapons storage security in Russia, 

$47,640,000. 

(3) For nuclear weapons transportation security in Russia, 

$37,700,000. 

(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $47,986,000. 

(5) For biological weapons proliferation prevention in the 

former Soviet Union, $158,489,000. 

(6) For chemical weapons destruction, $6,000,000. 

(7) For defense and military contacts, $8,000,000. 

(8) For new Cooperative Threat Reduction initiatives that 

are outside the former Soviet Union, $10,000,000. 

(9) For activities designated as Other Assessments/ 

Administrative Support, $19,348,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2008 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (9) of subsection (a) 

until 30 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2008 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case 

in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may 

obligate amounts appropriated for fiscal year 2008 for a purpose 

listed in paragraphs (1) through (9) of subsection (a) in excess 

of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in paragraphs (1) through (9) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 


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(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET 

UNION. 

Section 1501 of the National Defense Authorization Act for 

Fiscal Year 1997 (50 U.S.C. 2362 note) is amended— 

(1) in subsection (a), by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsections (b) and (c)’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO STATES OUTSIDE

THE FORMER SOVIET UNION.—The programs referred to in subsection (a) are the following programs with respect to states that 

are not states of the former Soviet Union: 

‘‘(1) Programs to facilitate the elimination, and the safe 

and secure transportation and storage, of chemical or biological 

weapons, weapons components, weapons-related materials, and 

their delivery vehicles. 

‘‘(2) Programs to facilitate safe and secure transportation 

and storage of nuclear weapons, weapons components, and 

their delivery vehicles. 

‘‘(3) Programs to prevent the proliferation of nuclear and 

chemical weapons, weapons components, and weapons-related 

military technology and expertise. 

‘‘(4) Programs to prevent the proliferation of biological 

weapons, weapons components, and weapons-related military 

technology and expertise, which may include activities that 

facilitate detection and reporting of highly pathogenic diseases 

or other diseases that are associated with or that could be 

utilized as an early warning mechanism for disease outbreaks 

that could impact the Armed Forces of the United States or 

allies of the United States. 

‘‘(5) Programs to expand military-to-military and defense 

contacts.’’. 

SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF 

THE FORMER SOVIET UNION FOR COOPERATIVE THREAT 

REDUCTION. 

(a) IN GENERAL.— 

(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—The 

Soviet Nuclear Threat Reduction Act of 1991 (title II of Public 

Law 102–228; 22 U.S.C. 2551 note) is amended— 

(A) by striking section 211; and 

(B) in section 212, by striking ‘‘, consistent with the 

findings stated in section 211,’’. 

(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section 

1203 of the Cooperative Threat Reduction Act of 1993 (22 

U.S.C. 5952) is amended by striking subsection (d). 

(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.— 

Section 1305 of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note) 

is repealed. 


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(4) CONFORMING REPEAL.—Section 1303 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 22 U.S.C. 5952 note) is repealed. 

(b) INAPPLICABILITY OF OTHER RESTRICTIONS.—Section 502 of 

the Freedom for Russia and Emerging Eurasian Democracies and 

Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not 

apply to any Cooperative Threat Reduction program. 

SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE 

THREAT REDUCTION FUNDS OUTSIDE THE FORMER 

SOVIET UNION. 

Section 1308 of the National Defense Authorization Act for 

Fiscal Year 2004 (22 U.S.C. 5963) is amended— 

(1) in subsection (a), by striking ‘‘Subject to’’ and all that 

follows through ‘‘the following:’’ and inserting ‘‘Subject to the 

provisions of this section, the Secretary of Defense may obligate 

and expend Cooperative Threat Reduction funds for a fiscal 

year, and any Cooperative Threat Reduction funds for a fiscal 

year before such fiscal year that remain available for obligation, 

for a proliferation threat reduction project or activity outside 

the states of the former Soviet Union if the Secretary of 

Defense, with the concurrence of the Secretary of State, determines each of the following:’’; 

(2) by striking subsection (c) and redesignating subsections 

(d) and (e) as (c) and (d), respectively; and 

(3) by amending subsection (c) (as so redesignated) to read 

as follows: 

‘‘(c) LIMITATION ON AVAILABILITY OF FUNDS.— ‘‘(1) The Secretary of Defense may not obligate funds for 

a project or activity under the authority in subsection (a) of 

this section until the Secretary of Defense, with the concurrence 

of the Secretary of State, makes each determination specified 

in that subsection with respect to such project or activity. 

‘‘(2) Not later than 10 days after obligating funds under 

the authority in subsection (a) of this section for a project 

or activity, the Secretary of Defense and the Secretary of State 

shall notify Congress in writing of the determinations made 

under paragraph (1) with respect to such project or activity, 

together with— 

‘‘(A) a justification for such determinations; and 

‘‘(B) a description of the scope and duration of such 

project or activity.’’. 

SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION PROGRAM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Department of Defense Cooperative Threat Reduction (CTR) Program should be strengthened and expanded, 

in part by developing new CTR initiatives; 

(2) such new initiatives should— 

(A) be well-coordinated with the Department of Energy, 

the Department of State, and any other relevant United 

States Government agency or department; 

(B) include appropriate transparency and accountability mechanisms, and legal frameworks and agreements 

between the United States and CTR partner countries; 

(C) reflect engagement with non-governmental experts 

on possible new options for the CTR Program; 

Deadline. 

Notification. 

22 USC 5852 

note. 


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(D) include work with the Russian Federation and 

other countries to establish strong CTR partnerships that, 

among other things— 

(i) increase the role of scientists and government 

officials of CTR partner countries in designing CTR 

programs and projects; and 

(ii) increase financial contributions and additional 

commitments to CTR programs and projects from 

Russia and other partner countries, as appropriate, 

as evidence that the programs and projects reflect 

national priorities and will be sustainable; 

(E) include broader international cooperation and partnerships, and increased international contributions; 

(F) incorporate a strong focus on national programs 

and sustainability, which includes actions to address concerns raised and recommendations made by the Government Accountability Office, in its report of February 2007 

titled ‘‘Progress Made in Improving Security at Russian 

Nuclear Sites, but the Long-Term Sustainability of U.S. 

Funded Security Upgrades is Uncertain’’, which pertain 

to the Department of Defense; 

(G) continue to focus on the development of CTR programs and projects that secure nuclear weapons; secure 

and eliminate chemical and biological weapons and 

weapons-related materials; and eliminate nuclear, chemical, and biological weapons-related delivery vehicles and 

infrastructure at the source; and 

(H) include efforts to develop new CTR programs and 

projects in Russia and the former Soviet Union, and in 

countries and regions outside the former Soviet Union, 

as appropriate and in the interest of United States national 

security; and 

(3) such new initiatives could include— 

(A) programs and projects in Asia and the Middle 

East; and 

(B) activities relating to the denuclearization of the 

Democratic People’s Republic of Korea. 

(b) NATIONAL ACADEMY OF SCIENCES STUDY.— 

(1) STUDY.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of Defense shall enter 

into an arrangement with the National Academy of Sciences 

under which the Academy shall carry out a study to analyze 

options for strengthening and expanding the CTR Program. 

(2) MATTERS TO BE INCLUDED IN STUDY.—The Secretary 

shall provide for the study under paragraph (1) to include— 

(A) an assessment of new CTR initiatives described 

in subsection (a); and 

(B) an identification of options and recommendations 

for strengthening and expanding the CTR Program. 

(3) SUBMISSION OF NATIONAL ACADEMY OF SCIENCES

REPORT.—The National Academy of Sciences shall submit to 

Congress a report on the study under this subsection at the 

same time that such report is submitted to the Secretary of 

Defense pursuant to subsection (c). 

(c) SECRETARY OF DEFENSE REPORT.— (1) IN GENERAL.—Not later than 90 days after receipt of 

the report under subsection (b), the Secretary of Defense shall 

Deadline. 


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submit to Congress a report on new CTR initiatives. The report 

shall include— 

(A) a summary of the results of the study carried 

out under subsection (b); 

(B) an assessment by the Secretary of the study; and 

(C) a statement of the actions, if any, to be undertaken 

by the Secretary to implement any recommendations in 

the study. 

(2) FORM.—The report shall be in unclassified form but 

may include a classified annex if necessary. 

(d) FUNDING.—Of the amounts appropriated pursuant to the 

authorization of appropriations in section 301(19) or otherwise made 

available for Cooperative Threat Reduction programs for fiscal year 

2008, not more than $1,000,000 shall be obligated or expended 

to carry out this section. 

SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION 

AT SHCHUCH’YE, RUSSIA. 

(a) DEFINITION.—In this section, the terms ‘‘Shchuch’ye project’’ 

and ‘‘project’’ mean the Cooperative Threat Reduction Program 

chemical weapons destruction project located in the area of 

Shchuch’ye in the Russian Federation. 

(b) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the Shchuch’ye 

project. The report shall include— 

(1) a current and detailed cost estimate for completion 

of the project, to include costs that will be borne by the United 

States and Russia, respectively; and 

(2) a specific strategic and operating plan for completion 

of the project, which includes— 

(A) the Department’s plans to ensure robust project 

management and oversight, including management and 

oversight with respect to the performance of any contractors; 

(B) project quality assurance and sustainability measures; 

(C) metrics for measuring project progress with a timetable for achieving goals, including initial systems integration and start-up testing; and 

(D) a projected project completion date. 

SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION 

OF PROLIFERATION OF BIOLOGICAL WEAPONS. 

(a) STUDY REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall enter 

into an arrangement with the National Academy of Sciences under 

which the Academy shall carry out a study to identify areas for 

cooperation with states other than states of the former Soviet 

Union under the Cooperative Threat Reduction Program of the 

Department of Defense in the prevention of proliferation of 

biological weapons. 

(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall 

provide for the study under subsection (a) to include the following: 

(1) An assessment of the capabilities and capacity of governments of developing countries to control the containment and 

use of dual-use technologies of potential interest to terrorist 

organizations or individuals with hostile intentions. 

Deadline. 


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(2) An assessment of the approaches to cooperative threat 

reduction used by the states of the former Soviet Union that 

are of special relevance in preventing the proliferation of 

biological weapons in other areas of the world. 

(3) A brief review of programs of the United States Government and other governments, international organizations, 

foundations, and other private sector entities that may contribute to the prevention of the proliferation of biological 

weapons. 

(4) Recommendations on steps for integrating activities 

of the Cooperative Threat Reduction Program relating to 

biological weapons proliferation prevention with activities of 

other departments and agencies of the United States, as appropriate, in states outside of the former Soviet Union. 

(c) SUBMISSION OF NATIONAL ACADEMY OF SCIENCES REPORT.— The National Academy of Sciences shall submit to Congress a 

report on the study under subsection (a) at the same time that 

such report is submitted to the Secretary of Defense pursuant 

to subsection (d). 

(d) SECRETARY OF DEFENSE REPORT.— 

(1) IN GENERAL.—Not later than 90 days after receipt of 

the report required by subsection (a), the Secretary shall submit 

to the Congress a report on the study carried out under subsection (a). 

(2) MATTERS TO BE INCLUDED.—The report under paragraph 

(1) shall include the following: 

(A) A summary of the results of the study carried 

out under subsection (a). 

(B) An assessment by the Secretary of the study. 

(C) A statement of the actions, if any, to be undertaken 

by the Secretary to implement any recommendations in 

the study. 

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(e) FUNDING.—Of the amounts appropriated pursuant to the 

authorization of appropriations in section 301(19) or otherwise made 

available for Cooperative Threat Reduction programs for fiscal year 

2008, not more than $1,000,000 may be obligated or expended 

to carry out this section. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, Defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revisions to required receipt objectives for previously authorized disposals from the National Defense Stockpile. Sec. 1413. Disposal of ferromanganese. 

Sec. 1414. Disposal of chrome metal. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1422. Administration and oversight of the Armed Forces Retirement Home. 


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Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $102,446,000. 

(2) For the Defense Working Capital Fund, Defense Commissary, $1,250,300,000. 

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the National Defense Sealift Fund in the amount of 

$1,349,094,000. 

SEC. 1403. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise 

provided for, for the Defense Health Program, in the amount of 

$23,080,384,000, of which— 

(1) $22,583,641,000 is for Operation and Maintenance; 

(2) $134,482,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $362,261,000 is for Procurement. 

SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2008 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount 

of $1,512,724,000, of which— 

(1) $1,181,500,000 is for Operation and Maintenance; 

(2) $312,800,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $18,424,000 is for Procurement. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

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

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, in the amount of $938,022,000. 

SEC. 1406. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise 


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provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $225,995,000, of which— 

(1) $224,995,000 is for Operation and Maintenance; and 

(2) $1,000,000 is for Procurement. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2008, 

the National Defense Stockpile Manager may obligate up to 

$44,825,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL 

DEFENSE STOCKPILE. 

(a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Section 3402(b) 

of the National Defense Authorization Act for Fiscal Year 2000 

(50 U.S.C. 98d note), as amended by section 3302 of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 

136; 117 Stat. 1788) and section 3302 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3545), is amended by striking ‘‘$600,000,000 before’’ in paragraph (5) and inserting ‘‘$710,000,000 by’’. 

(b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 3303(a) 

of the Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note), as 

amended by section 3302 of the Ronald W. Reagan National Defense 

Authorization Act for Year 2005 (Public Law 108–375; 118 Stat. 

2193), section 3302 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3545), and section 

3302(a) of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2513), is 

amended by striking ‘‘$1,016,000,000 by the end of fiscal year 

2014’’ in paragraph (7) and inserting ‘‘$1,066,000,000 by the end 

of fiscal year 2015’’. 

SEC. 1413. DISPOSAL OF FERROMANGANESE. 

(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dispose of up to 50,000 tons of ferromanganese from the National 

Defense Stockpile during fiscal year 2008. 

50 USC 98d note. 

Notification. 


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(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.— (1) IN GENERAL.—If the Secretary of Defense enters into 

a contract for the disposal of the total quantity of 

ferromanganese authorized for disposal by subsection (a) before 

September 30, 2008, the Secretary of Defense may dispose 

of up to an additional 25,000 tons of ferromanganese from 

the National Defense Stockpile before that date. 

(2) ADDITIONAL AMOUNTS.—If the Secretary enters into a 

contract for the disposal of the total quantity of additional 

ferromanganese authorized for disposal by paragraph (1) before 

September 30, 2008, the Secretary may dispose of up to an 

additional 25,000 tons of ferromanganese from the National 

Defense Stockpile before that date. 

(c) CERTIFICATION.—The Secretary of Defense may dispose of 

ferromanganese under the authority of paragraph (1) or (2) of 

subsection (b) only if the Secretary submits to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives, written certification that— 

(1) the disposal of the additional ferromanganese from the 

National Defense Stockpile under such paragraph is in the 

interest of national defense; 

(2) the disposal of the additional ferromanganese under 

such paragraph will not cause disruption to the usual markets 

of producers and processors of ferromanganese in the United 

States; and 

(3) the disposal of the additional ferromanganese under 

such paragraph is consistent with the requirements and purpose of the National Defense Stockpile. 

(d) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 

the term ‘‘National Defense Stockpile’’ means the stockpile provided 

for in section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c). 

SEC. 1414. DISPOSAL OF CHROME METAL. 

(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dispose of up to 500 short tons of chrome metal from the National 

Defense Stockpile during fiscal year 2008. 

(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.— 

(1) IN GENERAL.—If the Secretary of Defense completes 

the disposal of the total quantity of chrome metal authorized 

for disposal by subsection (a) before September 30, 2008, the 

Secretary of Defense may dispose of up to an additional 250 

short tons of chrome metal from the National Defense Stockpile 

before that date. 

(2) ADDITIONAL AMOUNTS.—If the Secretary completes the 

disposal of the total quantity of additional chrome metal authorized for disposal by paragraph (1) before September 30, 2008, 

the Secretary may dispose of up to an additional 250 short 

tons of chrome metal from the National Defense Stockpile before 

that date. 

(c) CERTIFICATION.—The Secretary of Defense may dispose of 

chrome metal under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives, not later than 30 days before 

the commencement of disposal under the applicable paragraph, 

written certification that— 

Deadline. 

Deadline. 

50 USC 98d note. 

Contracts. 

Deadline. 


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(1) the disposal of the additional chrome metal from the 

National Defense Stockpile is in the interest of national defense; 

(2) the disposal of the additional chrome metal will not 

cause disruption to the usual markets of producers and processors of chrome metal in the United States; and 

(3) the disposal of the additional chrome metal is consistent 

with the requirements and purpose of the National Defense 

Stockpile. 

(d) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 

the term ‘‘National Defense Stockpile’’ means the stockpile provided 

for in section 4 of the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98c). 

Subtitle C—Armed Forces Retirement 

Home 

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is authorized to be appropriated for fiscal year 2008 

from the Armed Forces Retirement Home Trust Fund the sum 

of $61,624,000 for the operation of the Armed Forces Retirement 

Home. 

SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES 

RETIREMENT HOME. 

(a) ROLE OF SECRETARY OF DEFENSE.—Section 1511 of the 

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is 

amended— 

(1) in subsection (d), by adding at the end the following 

new paragraph: 

‘‘(3) The administration of the Retirement Home (including 

administration for the provision of health care and medical care 

for residents) shall remain under the direct authority, control, and 

administration of the Secretary of Defense.’’; and 

(2) in subsection (h), by adding at the end the following 

new sentence: ‘‘The annual report shall include an assessment 

of all aspects of each facility of the Retirement Home, including 

the quality of care at the facility.’’. 

(b) ACCREDITATION.—Subsection (g) of section 1511 of the 

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is 

amended to read as follows: 

‘‘(g) ACCREDITATION.—The Chief Operating Officer shall secure 

and maintain accreditation by a nationally recognized civilian 

accrediting organization for each aspect of each facility of the Retirement Home, including medical and dental care, pharmacy, independent living, and assisted living and nursing care.’’. 

(c) SPECTRUM OF CARE.—Section 1513(b) of the Armed Forces 

Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by 

inserting after the first sentence the following new sentence: ‘‘The 

services provided residents of the Retirement Home shall include 

appropriate nonacute medical and dental services, pharmaceutical 

services, and transportation of residents, which shall be provided 

at no cost to residents.’’. 

(d) SENIOR MEDICAL ADVISOR FOR RETIREMENT HOME.— (1) DESIGNATION AND DUTIES OF SENIOR MEDICAL

ADVISOR.—The Armed Forces Retirement Home Act of 1991 


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is amended by inserting after section 1513 (24 U.S.C. 413) 

the following new section: 

‘‘SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT 

HOME. 

‘‘(a) DESIGNATION OF SENIOR MEDICAL ADVISOR.—(1) The Secretary of Defense shall designate the Deputy Director of the 

TRICARE Management Activity to serve as the Senior Medical 

Advisor for the Retirement Home. 

‘‘(2) The Deputy Director of the TRICARE Management Activity 

shall serve as Senior Medical Advisor for the Retirement Home 

in addition to performing all other duties and responsibilities 

assigned to the Deputy Director of the TRICARE Management 

Activity at the time of the designation under paragraph (1) or 

afterward. 

‘‘(b) RESPONSIBILITIES.—(1) The Senior Medical Advisor shall 

provide advice to the Secretary of Defense, the Under Secretary 

of Defense for Personnel and Readiness, and the Chief Operating 

Officer regarding the direction and oversight of the provision of 

medical, preventive mental health, and dental care services at 

each facility of the Retirement Home. 

‘‘(2) The Senior Medical Advisor shall also provide advice to 

the Local Board for a facility of the Retirement Home regarding 

all medical and medical administrative matters of the facility. 

‘‘(c) DUTIES.—In carrying out the responsibilities set forth in 

subsection (b), the Senior Medical Advisor shall perform the following duties: 

‘‘(1) Ensure the timely availability to residents of the 

Retirement Home, at locations other than the Retirement 

Home, of such acute medical, mental health, and dental care 

as such resident may require that is not available at the 

applicable facility of the Retirement Home. 

‘‘(2) Ensure compliance by the facilities of the Retirement 

Home with accreditation standards, applicable health care 

standards of the Department of Veterans Affairs, or any other 

applicable health care standards and requirements (including 

requirements identified in applicable reports of the Inspector 

General of the Department of Defense). 

‘‘(3) Periodically visit and inspect the medical facilities 

and medical operations of each facility of the Retirement Home. 

‘‘(4) Periodically examine and audit the medical records 

and administration of the Retirement Home. 

‘‘(5) Consult with the Local Board for each facility of the 

Retirement Home not less frequently than once each year. 

‘‘(d) ADVISORY BODIES.—In carrying out the responsibilities set 

forth in subsection (b) and the duties set forth in subsection (c), 

the Senior Medical Advisor may establish and seek the advice 

of such advisory bodies as the Senior Medical Advisor considers 

appropriate.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in section 

1501(b) of the Armed Forces Retirement Home Act of 1991 

(24 U.S.C. 401 note) is amended by inserting after the item 

relating to section 1513 the following new item: 

‘‘1513A. Improved health care oversight of Retirement Home.’’. 

(e) LOCAL BOARDS OF TRUSTEES.— 

24 USC 413a. 


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(1) DUTIES.—Subsection (b) of section 1516 of the Armed 

Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended 

to read as follows: 

‘‘(b) DUTIES.—(1) The Local Board for a facility shall serve 

in an advisory capacity to the Director of the facility and to the 

Chief Operating Officer. 

‘‘(2) The Local Board for a facility shall provide to the Chief 

Operating Officer and the Director of the facility such guidance 

and recommendations on the administration of the facility as the 

Local Board considers appropriate. 

‘‘(3) Not less often than annually, the Local Board for a facility 

shall provide to the Under Secretary of Defense for Personnel 

and Readiness an assessment of all aspects of the facility, including 

the quality of care at the facility.’’. 

(2) COMPOSITION.—Subparagraph (K) of subsection (c) of 

such section is amended to read as follows: 

‘‘(K) One senior representative of one of the chief personnel 

officers of the Armed Forces, who shall be a commissioned 

officer of the Armed Forces serving on active duty in the grade 

of brigadier general, or in the case of the Navy or Coast Guard, 

rear admiral (lower half).’’. 

(f) INSPECTION OF RETIREMENT HOME.—Section 1518 of the 

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is 

amended to read as follows: 

‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. 

‘‘(a) DUTY OF INSPECTOR GENERAL OF THE DEPARTMENT OF

DEFENSE.—The Inspector General of the Department of Defense 

shall have the duty to inspect the Retirement Home. 

‘‘(b) INSPECTIONS BY INSPECTOR GENERAL.—(1) In any year 

in which a facility of the Retirement Home is not inspected by 

a nationally recognized civilian accrediting organization, the 

Inspector General of the Department of Defense shall perform a 

comprehensive inspection of all aspects of that facility, including 

independent living, assisted living, medical and dental care, pharmacy, financial and contracting records, and any aspect of either 

facility on which the Local Board for the facility or the resident 

advisory committee or council of the facility recommends inspection. 

‘‘(2) The Inspector General shall be assisted in inspections 

under this subsection by a medical inspector general of a military 

department designated for purposes of this subsection by the Secretary of Defense. 

‘‘(3) In conducting the inspection of a facility of the Retirement 

Home under this subsection, the Inspector General shall solicit 

concerns, observations, and recommendations from the Local Board 

for the facility, the resident advisory committee or council of the 

facility, and the residents of the facility. Any concerns, observations, 

and recommendations solicited from residents shall be solicited 

on a not-for-attribution basis. 

‘‘(4) The Chief Operating Officer and the Director of each facility 

of the Retirement Home shall make all staff, other personnel, 

and records of each facility available to the Inspector General 

in a timely manner for purposes of inspections under this subsection. 

‘‘(c) REPORTS ON INSPECTIONS BY INSPECTOR GENERAL.—(1) The 

Inspector General shall prepare a report describing the results 

of each inspection conducted of a facility of the Retirement Home 


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under subsection (b), and include in the report such recommendations as the Inspector General considers appropriate in light of 

the inspection. Not later than 45 days after completing the inspection of the facility, the Inspector General shall submit the report 

to Congress and the Secretary of Defense, the Under Secretary 

of Defense for Personnel and Readiness, the Chief Operating Officer, 

the Director of the facility, the Senior Medical Advisor, and the 

Local Board for the facility. 

‘‘(2) Not later than 45 days after receiving a report of the 

Inspector General under paragraph (1), the Director of the facility 

concerned shall submit to the Secretary of Defense, the Under 

Secretary of Defense for Personnel and Readiness, the Chief Operating Officer, and the Local Board for the facility, and to Congress, 

a plan to address the recommendations and other matters set 

forth in the report. 

‘‘(d) ADDITIONAL INSPECTIONS.—(1) The Chief Operating Officer 

shall request the inspection of each facility of the Retirement Home 

by a nationally recognized civilian accrediting organization in 

accordance with section 1511(g). 

‘‘(2) The Chief Operating Officer and the Director of a facility 

being inspected under this subsection shall make all staff, other 

personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections 

under this subsection. 

‘‘(e) REPORTS ON ADDITIONAL INSPECTIONS.—(1) Not later than 

45 days after receiving a report of an inspection from the civilian 

accrediting organization under subsection (d), the Director of the 

facility concerned shall submit to the Under Secretary of Defense 

for Personnel and Readiness, the Chief Operating Officer, and the 

Local Board for the facility a report containing— 

‘‘(A) the results of the inspection; and 

‘‘(B) a plan to address any recommendations and other 

matters set forth in the report. 

‘‘(2) Not later than 45 days after receiving a report and plan 

under paragraph (1), the Secretary of Defense shall submit the 

report and plan to Congress.’’. 

(g) ARMED FORCES RETIREMENT HOME TRUST FUND.—Section 

1519 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

419) is amended by adding at the end the following new subsection: 

‘‘(d) REPORTING REQUIREMENTS.—The Chief Financial Officer 

of the Armed Forces Retirement Home shall comply with the 

reporting requirements of subchapter II of chapter 35 of title 31, 

United States Code.’’. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1506. Defense-wide activities procurement. 

Sec. 1507. Research, development, test, and evaluation. 


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Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Strategic Readiness Fund. 

Sec. 1516. Treatment as additional authorizations. 

Sec. 1517. Special transfer authority. 

SEC. 1501. PURPOSE. 

The purpose of this title is to authorize appropriations for 

the Department of Defense for fiscal year 2008 to provide additional 

funds for Operation Iraqi Freedom and Operation Enduring 

Freedom. 

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for procurement accounts for the Army in amounts as follows: 

(1) For aircraft procurement, $2,086,864,000. 

(2) For ammunition procurement, $513,600,000. 

(3) For weapons and tracked combat vehicles procurement, 

$7,289,697,000. 

(4) For missile procurement, $641,764,000. 

(5) For other procurement, $32,478,568,000. 

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

(a) NAVY.—Funds are hereby authorized to be appropriated 

for fiscal year 2008 for procurement accounts for the Navy in 

amounts as follows: 

(1) For aircraft procurement, $3,908,458,000. 

(2) For weapons procurement, $318,281,000. 

(3) For other procurement, $1,870,597,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for the 

Marine Corps in the amount of $5,519,740,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2008 for the procurement account for ammunition for the Navy and the Marine Corps 

in the amount of $609,890,000. 

SEC. 1504. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for procurement accounts for the Air Force in amounts as 

follows: 

(1) For aircraft procurement, $5,828,239,000. 

(2) For ammunition procurement, $104,405,000. 

(3) For missile procurement, $1,800,000. 

(4) For other procurement, $4,528,126,000. 

SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized for fiscal year 2008 for the Joint Improvised Explosive 

Device Defeat Fund in the amount of $4,541,000,000. 

(b) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) 

of section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) 

shall apply to the funds appropriated pursuant to the authorization 

of appropriations in subsection (a). 


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(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 activities in 

the amount of $768,157,000. 

SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $183,299,000. 

(2) For the Navy, $695,996,000. 

(3) For the Air Force, $1,457,710,000. 

(4) For Defense-wide activities, $1,320,088,000. 

SEC. 1508. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Armed Forces for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $54,929,551,000. 

(2) For the Navy, $6,249,793,000. 

(3) For the Marine Corps, $4,674,688,000. 

(4) For the Air Force, $10,798,473,000. 

(5) For Defense-wide activities, $6,424,085,000. 

(6) For the Army Reserve, $196,694,000. 

(7) For the Navy Reserve, $83,407,000. 

(8) For the Marine Corps Reserve, $68,193,000. 

(9) For the Army National Guard, $757,008,000. 

(10) For the Air Force Reserve, $24,266,000. 

(11) For the Air National Guard, $103,267,000. 

SEC. 1509. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2008 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $1,957,675,000. 

(2) For the National Defense Sealift Fund, $5,110,000. 

SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized 

to be appropriated for the Department of Defense for fiscal year 

2008 for expenses, not otherwise provided for, for the Defense 

Health Program in the amount of $1,137,442,000 for operation 

and maintenance. 

(b) DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE.—Funds are hereby authorized to be appropriated 

for the Department of Defense for fiscal year 2008 for expenses, 

120 Stat. 2439. 


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122 STAT. 426 PUBLIC LAW 110–181—JAN. 28, 2008 

not otherwise provided for, for Drug Interdiction and CounterDrug Activities, Defense-wide in the amount of $257,618,000. 

(c) DEFENSE INSPECTOR GENERAL.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2008 for expenses, not otherwise provided for, for the Office 

of the Inspector General of the Department of Defense in the 

amount of $4,394,000 for operation and maintenance. 

SEC. 1511. IRAQ FREEDOM FUND. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Freedom Fund in the 

amount of $207,500,000. 

(b) TRANSFER.— (1) TRANSFER AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Iraq Freedom Fund to any accounts 

as follows: 

(A) Operation and maintenance accounts of the Armed 

Forces. 

(B) Military personnel accounts. 

(C) Research, development, test, and evaluation 

accounts of the Department of Defense. 

(D) Procurement accounts of the Department of 

Defense. 

(E) Accounts providing funding for classified programs. 

(F) The operating expenses account of the Coast Guard. 

(2) NOTICE TO CONGRESS.—A transfer may not be made 

under the authority in paragraph (1) until five days after 

the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer. 

(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts transferred to an account under the authority in paragraph (1) 

shall be merged with amounts in such account and shall be 

made available for the same purposes, and subject to the same 

conditions and limitations, as amounts in such account. 

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

SEC. 1512. IRAQ SECURITY FORCES FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2008 for the Iraq 

Security Forces Fund in the amount of $3,000,000,000. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for 

the purpose of allowing the Commander, Multi-National Security Transition Command–Iraq, to provide assistance to the 

security forces of Iraq. 

(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 

under this section may include the provision of equipment, 

supplies, services, training, facility and infrastructure repair, 

renovation, construction, and funding. 

(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 

be provided under this section only with the concurrence of 

the Secretary of State. 

Deadline. 


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(c) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The 

authority to provide assistance under this section is in addition 

to any other authority to provide assistance to foreign nations. 

(d) TRANSFER AUTHORITY.— (1) TRANSFERS AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Iraq Security Forces Fund to any 

of the following accounts and funds of the Department of 

Defense to accomplish the purposes provided in subsection (b): 

(A) Military personnel accounts. 

(B) Operation and maintenance accounts. 

(C) Procurement accounts. 

(D) Research, development, test, and evaluation 

accounts. 

(E) Defense working capital funds. 

(F) Overseas Humanitarian, Disaster, and Civic Aid 

account. 

(2) ADDITIONAL AUTHORITY.—The transfer authority provided by paragraph (1) is in addition to any other transfer 

authority available to the Department of Defense. 

(3) TRANSFERS BACK TO THE FUND.—Upon determination 

that all or part of the funds transferred from the Iraq Security 

Forces Fund under paragraph (1) are not necessary for the 

purpose provided, such funds may be transferred back to the 

Iraq Security Forces Fund. 

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

(e) NOTICE TO CONGRESS.—Funds may not be obligated from 

the Iraq Security Forces Fund, or transferred under the authority 

provided in subsection (d)(1), until five days after the date on 

which the Secretary of Defense notifies the congressional defense 

committees in writing of the details of the proposed obligation 

or transfer. 

(f) CONTRIBUTIONS.— 

(1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Subject to 

paragraph (2), the Secretary of Defense may accept contributions of amounts to the Iraq Security Forces Fund for the 

purposes provided in subsection (b) from any person, foreign 

government, or international organization. Any amounts so 

accepted shall be credited to the Iraq Security Forces Fund. 

(2) LIMITATION.—The Secretary may not accept a contribution under this subsection if the acceptance of the contribution 

would compromise or appear to compromise the integrity of 

any program of the Department of Defense. 

(3) USE.—Amounts accepted under this subsection shall 

be available for assistance authorized by subsection (b), 

including transfer under subsection (d) for that purpose. 

(4) NOTIFICATION.—The Secretary shall notify the congressional defense committees, the Committee on Foreign Relations 

of the Senate, and the Committee on Foreign Affairs of the 

House of Representatives, in writing, upon the acceptance, and 

upon the transfer under subsection (d), of any contribution 

under this subsection. Such notice shall specify the source 

and amount of any amount so accepted and the use of any 

amount so accepted. 

Deadline. 


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(g) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal-year quarter, the Secretary of Defense shall 

submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the 

Iraq Security Forces Fund during such fiscal-year quarter. 

(h) DURATION OF AUTHORITY.—Amounts authorized to be appropriated or contributed to the Iraq Security Forces Fund during 

fiscal year 2008 are available for obligation or transfer from the 

Iraq Security Forces Fund in accordance with this section until 

September 30, 2009. 

SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2008 for the Afghanistan Security Forces Fund in the amount of $2,700,000,000. 

(b) USE OF FUNDS.— (1) IN GENERAL.—Funds authorized to be appropriated by 

subsection (a) shall be available to the Secretary of Defense 

to provide assistance to the security forces of Afghanistan. 

(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 

under this section may include the provision of equipment, 

supplies, services, training, facility and infrastructure repair, 

renovation, construction, and funds. 

(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 

be provided under this section only with the concurrence of 

the Secretary of State. 

(c) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The 

authority to provide assistance under this section is in addition 

to any other authority to provide assistance to foreign nations. 

(d) TRANSFER AUTHORITY.— 

(1) TRANSFERS AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Afghanistan Security Forces Fund to 

any of the following accounts and funds of the Department 

of Defense to accomplish the purposes provided in subsection 

(b): 

(A) Military personnel accounts. 

(B) Operation and maintenance accounts. 

(C) Procurement accounts. 

(D) Research, development, test, and evaluation 

accounts. 

(E) Defense working capital funds. 

(F) Overseas Humanitarian, Disaster, and Civic Aid. 

(2) ADDITIONAL AUTHORITY.—The transfer authority provided by paragraph (1) is in addition to any other transfer 

authority available to the Department of Defense. 

(3) TRANSFERS BACK TO FUND.—Upon a determination that 

all or part of the funds transferred from the Afghanistan Security Forces Fund under paragraph (1) are not necessary for 

the purpose for which transferred, such funds may be transferred back to the Afghanistan Security Forces Fund. 

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

(e) PRIOR NOTICE TO CONGRESS OF OBLIGATION OR TRANSFER.— Funds may not be obligated from the Afghanistan Security Forces 

Termination 

date. 


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Fund, or transferred under subsection (d)(1), until five days after 

the date on which the Secretary of Defense notifies the congressional 

defense committees in writing of the details of the proposed obligation or transfer. 

(f) CONTRIBUTIONS.— (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Subject to 

paragraph (2), the Secretary of Defense may accept contributions of amounts to the Afghanistan Security Forces Fund 

for the purposes provided in subsection (b) from any person, 

foreign government, or international organization. Any amounts 

so accepted shall be credited to the Afghanistan Security Forces 

Fund. 

(2) LIMITATION.—The Secretary may not accept a contribution under this subsection if the acceptance of the contribution 

would compromise or appear to compromise the integrity of 

any program of the Department of Defense. 

(3) USE.—Amounts accepted under this subsection shall 

be available for assistance authorized by subsection (b), 

including transfer under subsection (d) for that purpose. 

(4) NOTIFICATION.—The Secretary shall notify the congressional defense committees, the Committee on Foreign Relations 

of the Senate, and the Committee on Foreign Affairs of the 

House of Representatives, in writing, upon the acceptance, and 

upon the transfer under subsection (d), of any contribution 

under this subsection. Such notice shall specify the source 

and amount of any amount so accepted and the use of any 

amount so accepted. 

(g) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal-year quarter, the Secretary of Defense shall 

submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the 

Afghanistan Security Forces Fund during such fiscal-year quarter. 

(h) DURATION OF AUTHORITY.—Amounts authorized to be appropriated or contributed to the Afghanistan Security Forces Fund 

during fiscal year 2008 are available for obligation or transfer 

from the Afghanistan Security Forces Fund in accordance with 

this section until September 30, 2009. 

SEC. 1514. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 

2008 a total of $17,912,510,000. 

SEC. 1515. STRATEGIC READINESS FUND. 

There is authorized to be appropriated $1,000,000,000 to the 

Strategic Readiness Fund. 

SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1517. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

Termination 

date. 


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year 2008 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $3,500,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

TITLE XVI—WOUNDED WARRIOR 

MATTERS 

Sec. 1601. Short title. 

Sec. 1602. General definitions. 

Sec. 1603. Consideration of gender-specific needs of recovering service members 

and veterans. 

Subtitle A—Policy on Improvements to Care, Management, and Transition of 

Recovering Service Members 

Sec. 1611. Comprehensive policy on improvements to care, management, and transition of recovering service members. 

Sec. 1612. Medical evaluations and physical disability evaluations of recovering 

service members. 

Sec. 1613. Return of recovering service members to active duty in the Armed 

Forces. 

Sec. 1614. Transition of recovering service members from care and treatment 

through the Department of Defense to care, treatment, and rehabilitation through the Department of Veterans Affairs. 

Sec. 1615. Reports. 

Sec. 1616. Establishment of a wounded warrior resource center. 

Sec. 1617. Notification to Congress of hospitalization of combat wounded service 

members. 

Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and 

rehabilitation of, and research on, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions in members 

of the Armed Forces. 

Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Disorder, and Eye Injuries 

Sec. 1621. Center of excellence in the prevention, diagnosis, mitigation, treatment, 

and rehabilitation of traumatic brain injury. 

Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of post-traumatic stress disorder and other mental health 

conditions. 

Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and 

rehabilitation of military eye injuries. 

Sec. 1624. Report on establishment of centers of excellence. 

Subtitle C—Health Care Matters 

Sec. 1631. Medical care and other benefits for members and former members of the 

Armed Forces with severe injuries or illnesses. 

Sec. 1632. Reimbursement of travel expenses of retired members with combat-related disabilities for follow-on specialty care, services, and supplies. 

Sec. 1633. Respite care and other extended care benefits for members of the uniformed services who incur a serious injury or illness on active duty. 

Sec. 1634. Reports. 

Sec. 1635. Fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs. 

Wounded 

Warrior Act. 


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Sec. 1636. Enhanced personnel authorities for the Department of Defense for 

health care professionals for care and treatment of wounded and injured 

members of the Armed Forces. 

Sec. 1637. Continuation of transitional health benefits for members of the Armed 

Forces pending resolution of service-related medical conditions. 

Subtitle D—Disability Matters 

Sec. 1641. Utilization of veterans’ presumption of sound condition in establishing 

eligibility of members of the Armed Forces for retirement for disability. 

Sec. 1642. Requirements and limitations on Department of Defense determinations 

of disability with respect to members of the Armed Forces. 

Sec. 1643. Review of separation of members of the Armed Forces separated from 

service with a disability rating of 20 percent disabled or less. 

Sec. 1644. Authorization of pilot programs to improve the disability evaluation system for members of the Armed Forces. 

Sec. 1645. Reports on Army action plan in response to deficiencies in the Army 

physical disability evaluation system. 

Sec. 1646. Enhancement of disability severance pay for members of the Armed 

Forces. 

Sec. 1647. Assessments of continuing utility and future role of temporary disability 

retired list. 

Sec. 1648. Standards for military medical treatment facilities, specialty medical 

care facilities, and military quarters housing patients and annual report 

on such facilities. 

Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identified at Walter Reed Army Medical Center, District of Columbia. 

Sec. 1650. Required certifications in connection with closure of Walter Reed Army 

Medical Center, District of Columbia. 

Sec. 1651. Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses. 

Subtitle E—Studies and Reports 

Sec. 1661. Study on physical and mental health and other readjustment needs of 

members and former members of the Armed Forces who deployed in Operation Iraqi Freedom and Operation Enduring Freedom and their families. 

Sec. 1662. Access of recovering service members to adequate outpatient residential 

facilities. 

Sec. 1663. Study and report on support services for families of recovering service 

members. 

Sec. 1664. Report on traumatic brain injury classifications. 

Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 

program. 

Subtitle F—Other Matters 

Sec. 1671. Prohibition on transfer of resources from medical care. 

Sec. 1672. Medical care for families of members of the Armed Forces recovering 

from serious injuries or illnesses. 

Sec. 1673. Improvement of medical tracking system for members of the Armed 

Forces deployed overseas. 

Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of 

Columbia. 

Sec. 1675. Use of leave transfer program by wounded veterans who are Federal employees. 

Sec. 1676. Moratorium on conversion to contractor performance of Department of 

Defense functions at military medical facilities. 

SEC. 1601. SHORT TITLE. 

This title may be cited as the ‘‘Wounded Warrior Act’’. 

SEC. 1602. GENERAL DEFINITIONS. 

In this title: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committees on Armed Services, Veterans’ 

Affairs, and Appropriations of the Senate; and 

(B) the Committees on Armed Services, Veterans’ 

Affairs, and Appropriations of the House of Representatives. 

10 USC 1071 

note. 

10 USC 1071 

note. 


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(2) BENEFITS DELIVERY AT DISCHARGE PROGRAM.—The term 

‘‘Benefits Delivery at Discharge Program’’ means a program 

administered jointly by the Secretary of Defense and the Secretary of Veterans Affairs to provide information and assistance 

on available benefits and other transition assistance to members of the Armed Forces who are separating from the Armed 

Forces, including assistance to obtain any disability benefits 

for which such members may be eligible. 

(3) DISABILITY EVALUATION SYSTEM.—The term ‘‘Disability 

Evaluation System’’ means the following: 

(A) A system or process of the Department of Defense 

for evaluating the nature and extent of disabilities affecting 

members of the Armed Forces that is operated by the 

Secretaries of the military departments and is comprised 

of medical evaluation boards, physical evaluation boards, 

counseling of members, and mechanisms for the final disposition of disability evaluations by appropriate personnel. 

(B) A system or process of the Coast Guard for evaluating the nature and extent of disabilities affecting members of the Coast Guard that is operated by the Secretary 

of Homeland Security and is similar to the system or 

process of the Department of Defense described in subparagraph (A). 

(4) ELIGIBLE FAMILY MEMBER.—The term ‘‘eligible family 

member’’, with respect to a recovering service member, means 

a family member (as defined in section 411 h(b) of title 37, 

United States Code) who is on invitational travel orders or 

serving as a non-medical attendee while caring for the recovering service member for more than 45 days during a oneyear period. 

(5) MEDICAL CARE.—The term ‘‘medical care’’ includes 

mental health care. 

(6) OUTPATIENT STATUS.—The term ‘‘outpatient status’’, 

with respect to a recovering service member, means the status 

of a recovering service member assigned to— 

(A) a military medical treatment facility as an outpatient; or 

(B) a unit established for the purpose of providing 

command and control of members of the Armed Forces 

receiving medical care as outpatients. 

(7) RECOVERING SERVICE MEMBER.—The term ‘‘recovering 

service member’’ means a member of the Armed Forces, 

including a member of the National Guard or a Reserve, who 

is undergoing medical treatment, recuperation, or therapy and 

is in an outpatient status while recovering from a serious 

injury or illness related to the member’s military service. 

(8) SERIOUS INJURY OR ILLNESS.—The term ‘‘serious injury 

or illness’’, in the case of a member of the Armed Forces, 

means an injury or illness incurred by the member in line 

of duty on active duty in the Armed Forces that may render 

the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. 

(9) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ 

has the meaning given that term in section 1072(7) of title 

10, United States Code. 


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SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOVERING SERVICE MEMBERS AND VETERANS. 

(a) IN GENERAL.—In developing and implementing the policy 

required by section 1611(a), and in otherwise carrying out any 

other provision of this title or any amendment made by this title, 

the Secretary of Defense and the Secretary of Veterans Affairs 

shall take into account and fully address any unique gender-specific 

needs of recovering service members and veterans under such policy 

or other provision. 

(b) REPORTS.—In submitting any report required by this title 

or an amendment made by this title, the Secretary of Defense 

and the Secretary of Veterans Affairs shall, to the extent applicable, 

include a description of the manner in which the matters covered 

by such report address the unique gender-specific needs of recovering service members and veterans. 

Subtitle A—Policy on Improvements to 

Care, Management, and Transition of Recovering Service Members 

SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, 

MANAGEMENT, AND TRANSITION OF RECOVERING 

SERVICE MEMBERS. 

(a) COMPREHENSIVE POLICY REQUIRED.— (1) IN GENERAL.—Not later than July 1, 2008, the Secretary 

of Defense and the Secretary of Veterans Affairs shall, to the 

extent feasible, jointly develop and implement a comprehensive 

policy on improvements to the care, management, and transition of recovering service members. 

(2) SCOPE OF POLICY.—The policy shall cover each of the 

following: 

(A) The care and management of recovering service 

members. 

(B) The medical evaluation and disability evaluation 

of recovering service members. 

(C) The return of service members who have recovered 

to active duty when appropriate. 

(D) The transition of recovering service members from 

receipt of care and services through the Department of 

Defense to receipt of care and services through the Department of Veterans Affairs. 

(3) CONSULTATION.—The Secretary of Defense and the Secretary of Veterans Affairs shall develop the policy in consultation with the heads of other appropriate departments and agencies of the Federal Government and with appropriate nongovernmental organizations having an expertise in matters 

relating to the policy. 

(4) UPDATE.—The Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly update the policy on a periodic 

basis, but not less often than annually, in order to incorporate 

in the policy, as appropriate, the following: 

(A) The results of the reviews required under subsections (b) and (c). 

(B) Best practices identified through pilot programs 

carried out under this title. 

Deadline. 

Deadline. 

10 USC 1071 

note. 


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(C) Improvements to matters under the policy otherwise identified and agreed upon by the Secretary of Defense 

and the Secretary of Veterans Affairs. 

(b) REVIEW OF CURRENT POLICIES AND PROCEDURES.— 

(1) REVIEW REQUIRED.—In developing the policy required 

by subsection (a), the Secretary of Defense and the Secretary 

of Veterans Affairs shall, to the extent necessary, jointly and 

separately conduct a review of all policies and procedures of 

the Department of Defense and the Department of Veterans 

Affairs that apply to, or shall be covered by, the policy. 

(2) PURPOSE.—The purpose of the review shall be to identify 

the most effective and patient-oriented approaches to care and 

management of recovering service members for purposes of— 

(A) incorporating such approaches into the policy; and 

(B) extending such approaches, where applicable, to 

the care and management of other injured or ill members 

of the Armed Forces and veterans. 

(3) ELEMENTS.—In conducting the review, the Secretary 

of Defense and the Secretary of Veterans Affairs shall— 

(A) identify among the policies and procedures 

described in paragraph (1) best practices in approaches 

to the care and management of recovering service members; 

(B) identify among such policies and procedures 

existing and potential shortfalls in the care and management of recovering service members (including care and 

management of recovering service members on the temporary disability retired list), and determine means of 

addressing any shortfalls so identified; 

(C) determine potential modifications of such policies 

and procedures in order to ensure consistency and uniformity, where appropriate, in the application of such policies and procedures— 

(i) among the military departments; 

(ii) among the Veterans Integrated Services Networks (VISNs) of the Department of Veterans Affairs; 

and 

(iii) between the military departments and the Veterans Integrated Services Networks; and 

(D) develop recommendations for legislative and 

administrative action necessary to implement the results 

of the review. 

(4) DEADLINE FOR COMPLETION.—The review shall be completed not later than 90 days after the date of the enactment 

of this Act. 

(c) CONSIDERATION OF EXISTING FINDINGS, RECOMMENDATIONS, 

AND PRACTICES.—In developing the policy required by subsection 

(a), the Secretary of Defense and the Secretary of Veterans Affairs 

shall take into account the following: 

(1) The findings and recommendations of applicable studies, 

reviews, reports, and evaluations that address matters relating 

to the policy, including, but not limited, to the following: 

(A) The Independent Review Group on Rehabilitative 

Care and Administrative Processes at Walter Reed Army 

Medical Center and National Naval Medical Center, 

appointed by the Secretary of Defense. 

Recommendations. 


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(B) The Secretary of Veterans Affairs Task Force on 

Returning Global War on Terror Heroes, appointed by the 

President. 

(C) The President’s Commission on Care for America’s 

Returning Wounded Warriors. 

(D) The Veterans’ Disability Benefits Commission 

established by title XV of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 

Stat. 1676; 38 U.S.C. 1101 note). 

(E) The President’s Task Force to Improve Health Care 

Delivery for Our Nation’s Veterans, of March 2003. 

(F) The Report of the Congressional Commission on 

Servicemembers and Veterans Transition Assistance, of 

1999, chaired by Anthony J. Principi. 

(G) The President’s Commission on Veterans’ Pensions, 

of 1956, chaired by General Omar N. Bradley. 

(2) The experience and best practices of the Department 

of Defense and the military departments on matters relating 

to the policy. 

(3) The experience and best practices of the Department 

of Veterans Affairs on matters relating to the policy. 

(4) Such other matters as the Secretary of Defense and 

the Secretary of Veterans Affairs consider appropriate. 

(d) TRAINING AND SKILLS OF HEALTH CARE PROFESSIONALS, 

RECOVERY CARE COORDINATORS, MEDICAL CARE CASE MANAGERS, 

AND NON-MEDICAL CARE MANAGERS FOR RECOVERING SERVICE

MEMBERS.— 

(1) IN GENERAL.—The policy required by subsection (a) 

shall provide for uniform standards among the military departments for the training and skills of health care professionals, 

recovery care coordinators, medical care case managers, and 

non-medical care managers for recovering service members 

under subsection (e) in order to ensure that such personnel 

are able to— 

(A) detect early warning signs of post-traumatic stress 

disorder (PTSD), suicidal or homicidal thoughts or behaviors, and other behavioral health concerns among recovering service members; and 

(B) promptly notify appropriate health care professionals following detection of such signs. 

(2) TRACKING OF NOTIFICATIONS.—In providing for uniform 

standards under paragraph (1), the policy shall include a 

mechanism or system to track the number of notifications made 

by recovery care coordinators, medical care case managers, 

and non-medical care managers to health care professionals 

under paragraph (1)(A) regarding early warning signs of posttraumatic stress disorder and suicide in recovering service 

members. 

(e) SERVICES FOR RECOVERING SERVICE MEMBERS.—The policy 

required by subsection (a) shall provide for improvements as follows 

with respect to the care, management, and transition of recovering 

service members: 

(1) COMPREHENSIVE RECOVERY PLAN FOR RECOVERING

SERVICE MEMBERS.—The policy shall provide for uniform standards and procedures for the development of a comprehensive 

recovery plan for each recovering service member that covers 

Standards. 

Procedures. 

Standards. 


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the full spectrum of care, management, transition, and 

rehabilitation of the service member during recovery. 

(2) RECOVERY CARE COORDINATORS FOR RECOVERING

SERVICE MEMBERS.— (A) IN GENERAL.—The policy shall provide for a uniform 

program for the assignment to recovering service members 

of recovery care coordinators having the duties specified 

in subparagraph (B). 

(B) DUTIES.—The duties under the program of a 

recovery care coordinator for a recovering service member 

shall include, but not be limited to, overseeing and assisting 

the service member in the service member’s course through 

the entire spectrum of care, management, transition, and 

rehabilitation services available from the Federal Government, including services provided by the Department of 

Defense, the Department of Veterans Affairs, the Department of Labor, and the Social Security Administration. 

(C) LIMITATION ON NUMBER OF SERVICE MEMBERS MANAGED BY COORDINATORS.—The maximum number of recovering service members whose cases may be assigned to 

a recovery care coordinator under the program at any one 

time shall be such number as the policy shall specify, 

except that the Secretary of the military department concerned may waive such limitation with respect to a given 

coordinator for not more than 120 days in the event of 

unforeseen circumstances (as specified in the policy). 

(D) TRAINING.—The policy shall specify standard 

training requirements and curricula for recovery care 

coordinators under the program, including a requirement 

for successful completion of the training program before 

a person may assume the duties of such a coordinator. 

(E) RESOURCES.—The policy shall include mechanisms 

to ensure that recovery care coordinators under the program have the resources necessary to expeditiously carry 

out the duties of such coordinators under the program. 

(F) SUPERVISION.—The policy shall specify requirements for the appropriate rank or grade, and appropriate 

occupation, for persons appointed to head and supervise 

recovery care coordinators. 

(3) MEDICAL CARE CASE MANAGERS FOR RECOVERING

SERVICE MEMBERS.— 

(A) IN GENERAL.—The policy shall provide for a uniform 

program among the military departments for the assignment to recovering service members of medical care case 

managers having the duties specified in subparagraph (B). 

(B) DUTIES.—The duties under the program of a medical care case manager for a recovering service member 

(or the service member’s immediate family or other designee if the service member is incapable of making judgments about personal medical care) shall include, at a 

minimum, the following: 

(i) Assisting in understanding the service member’s 

medical status during the care, recovery, and transition 

of the service member. 

(ii) Assisting in the receipt by the service member 

of prescribed medical care during the care, recovery, 

and transition of the service member. 

Requirements. 

Waiver authority. 


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(iii) Conducting a periodic review of the medical 

status of the service member, which review shall be 

conducted, to the extent practicable, in person with 

the service member, or, whenever the conduct of the 

review in person is not practicable, with the medical 

care case manager submitting to the manager’s supervisor a written explanation why the review in person 

was not practicable (if the Secretary of the military 

department concerned elects to require such written 

explanations for purposes of the program). 

(C) LIMITATION ON NUMBER OF SERVICE MEMBERS MANAGED BY MANAGERS.—The maximum number of recovering 

service members whose cases may be assigned to a medical 

care case manager under the program at any one time 

shall be such number as the policy shall specify, except 

that the Secretary of the military department concerned 

may waive such limitation with respect to a given manager 

for not more than 120 days in the event of unforeseen 

circumstances (as specified in the policy). 

(D) TRAINING.—The policy shall specify standard 

training requirements and curricula for medical care case 

managers under the program, including a requirement for 

successful completion of the training program before a person may assume the duties of such a manager. 

(E) RESOURCES.—The policy shall include mechanisms 

to ensure that medical care case managers under the program have the resources necessary to expeditiously carry 

out the duties of such managers under the program. 

(F) SUPERVISION AT ARMED FORCES MEDICAL FACILITIES.—The policy shall specify requirements for the appropriate rank or grade, and appropriate occupation, for persons appointed to head and supervise the medical care 

case managers at each medical facility of the Armed Forces. 

Persons so appointed may be appointed from the Army 

Medical Corps, Army Medical Service Corps, Army Nurse 

Corps, Navy Medical Corps, Navy Medical Service Corps, 

Navy Nurse Corps, Air Force Medical Service, or other 

corps or civilian health care professional, as applicable, 

at the discretion of the Secretary of Defense. 

(4) NON-MEDICAL CARE MANAGERS FOR RECOVERING SERVICE

MEMBERS.— 

(A) IN GENERAL.—The policy shall provide for a uniform 

program among the military departments for the assignment to recovering service members of non-medical care 

managers having the duties specified in subparagraph (B). 

(B) DUTIES.—The duties under the program of a nonmedical care manager for a recovering service member 

shall include, at a minimum, the following: 

(i) Communicating with the service member and 

with the service member’s family or other individuals 

designated by the service member regarding non-medical matters that arise during the care, recovery, and 

transition of the service member. 

(ii) Assisting with oversight of the service member’s welfare and quality of life. 

Requirements. 

Waiver authority. 


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(iii) Assisting the service member in resolving 

problems involving financial, administrative, personnel, transitional, and other matters that arise 

during the care, recovery, and transition of the service 

member. 

(C) DURATION OF DUTIES.—The policy shall provide 

that a non-medical care manager shall perform duties 

under the program for a recovering service member until 

the service member is returned to active duty or retired 

or separated from the Armed Forces. 

(D) LIMITATION ON NUMBER OF SERVICE MEMBERS MANAGED BY MANAGERS.—The maximum number of recovering 

service members whose cases may be assigned to a nonmedical care manager under the program at any one time 

shall be such number as the policy shall specify, except 

that the Secretary of the military department concerned 

may waive such limitation with respect to a given manager 

for not more than 120 days in the event of unforeseen 

circumstances (as specified in the policy). 

(E) TRAINING.—The policy shall specify standard 

training requirements and curricula among the military 

departments for non-medical care managers under the program, including a requirement for successful completion 

of the training program before a person may assume the 

duties of such a manager. 

(F) RESOURCES.—The policy shall include mechanisms 

to ensure that non-medical care managers under the program have the resources necessary to expeditiously carry 

out the duties of such managers under the program. 

(G) SUPERVISION AT ARMED FORCES MEDICAL FACILITIES.—The policy shall specify requirements for the appropriate rank and occupational speciality for persons 

appointed to head and supervise the non-medical care managers at each medical facility of the Armed Forces. 

(5) ACCESS OF RECOVERING SERVICE MEMBERS TO NONURGENT HEALTH CARE FROM THE DEPARTMENT OF DEFENSE OR

OTHER PROVIDERS UNDER TRICARE.— 

(A) IN GENERAL.—The policy shall provide for appropriate minimum standards for access of recovering service 

members to non-urgent medical care and other health care 

services as follows: 

(i) In medical facilities of the Department of 

Defense. 

(ii) Through the TRICARE program. 

(B) MAXIMUM WAITING TIMES FOR CERTAIN CARE.—The 

standards for access under subparagraph (A) shall include 

such standards on maximum waiting times of recovering 

service members as the policy shall specify for care that 

includes, but is not limited to, the following: 

(i) Follow-up care. 

(ii) Specialty care. 

(iii) Diagnostic referrals and studies. 

(iv) Surgery based on a physician’s determination 

of medical necessity. 

(C) WAIVER BY RECOVERING SERVICE MEMBERS.—The 

policy shall permit any recovering service member to waive 

Standards. 

Requirements. 

Requirements. 

Waiver authority. 


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a standard for access under this paragraph under such 

circumstances and conditions as the policy shall specify. 

(6) ASSIGNMENT OF RECOVERING SERVICE MEMBERS TO LOCATIONS OF CARE.— 

(A) IN GENERAL.—The policy shall provide for uniform 

guidelines among the military departments for the assignment of recovering service members to a location of care, 

including guidelines that provide for the assignment of 

recovering service members, when medically appropriate, 

to care and residential facilities closest to their duty station 

or home of record or the location of their designated care 

giver at the earliest possible time. 

(B) REASSIGNMENT FROM DEFICIENT FACILITIES.—The 

policy shall provide for uniform guidelines and procedures 

among the military departments for the reassignment of 

recovering service members from a medical or medicalrelated support facility determined by the Secretary of 

Defense to violate the standards required by section 1648 

to another appropriate medical or medical-related support 

facility until the correction of violations of such standards 

at the medical or medical-related support facility from 

which such service members are reassigned. 

(7) TRANSPORTATION AND SUBSISTENCE FOR RECOVERING

SERVICE MEMBERS.—The policy shall provide for uniform standards among the military departments on the availability of 

appropriate transportation and subsistence for recovering 

service members to facilitate their obtaining needed medical 

care and services. 

(8) WORK AND DUTY ASSIGNMENTS FOR RECOVERING SERVICE

MEMBERS.—The policy shall provide for uniform criteria among 

the military departments for the assignment of recovering 

service members to work and duty assignments that are 

compatible with their medical conditions. 

(9) ACCESS OF RECOVERING SERVICE MEMBERS TO EDUCATIONAL AND VOCATIONAL TRAINING AND REHABILITATION.— 

The policy shall provide for uniform standards among the military departments on the provision of educational and vocational 

training and rehabilitation opportunities for recovering service 

members at the earliest possible point in their recovery. 

(10) TRACKING OF RECOVERING SERVICE MEMBERS.—The 

policy shall provide for uniform procedures among the military 

departments on tracking recovering service members to facilitate— 

(A) locating each recovering service member; and 

(B) tracking medical care appointments of recovering 

service members to ensure timeliness and compliance of 

recovering service members with appointments, and other 

physical and evaluation timelines, and to provide any other 

information needed to conduct oversight of the care, 

management, and transition of recovering service members. 

(11) REFERRALS OF RECOVERING SERVICE MEMBERS TO

OTHER CARE AND SERVICES PROVIDERS.—The policy shall provide 

for uniform policies, procedures, and criteria among the military 

departments on the referral of recovering service members to 

the Department of Veterans Affairs and other private and 

Policies. 

Procedures. 

Criteria. 

Procedures. 

Standards. 

Criteria. 

Standards. 

Guidelines. 

Procedures. 

Guidelines. 


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public entities (including universities and rehabilitation hospitals, centers, and clinics) in order to secure the most appropriate care for recovering service members, which policies, 

procedures, and criteria shall take into account, but not be 

limited to, the medical needs of recovering service members 

and the geographic location of available necessary recovery 

care services. 

(f) SERVICES FOR FAMILIES OF RECOVERING SERVICE MEMBERS.—The policy required by subsection (a) shall provide for 

improvements as follows with respect to services for families of 

recovering service members: 

(1) SUPPORT FOR FAMILY MEMBERS OF RECOVERING SERVICE

MEMBERS.—The policy shall provide for uniform guidelines 

among the military departments on the provision by the military departments of support for family members of recovering 

service members who are not otherwise eligible for care under 

section 1672 in caring for such service members during their 

recovery. 

(2) ADVICE AND TRAINING FOR FAMILY MEMBERS OF RECOVERING SERVICE MEMBERS.—The policy shall provide for uniform 

requirements and standards among the military departments 

on the provision by the military departments of advice and 

training, as appropriate, to family members of recovering 

service members with respect to care for such service members 

during their recovery. 

(3) MEASUREMENT OF SATISFACTION OF FAMILY MEMBERS

OF RECOVERING SERVICE MEMBERS WITH QUALITY OF HEALTH

CARE SERVICES.—The policy shall provide for uniform procedures among the military departments on the measurement 

of the satisfaction of family members of recovering service 

members with the quality of health care services provided 

to such service members during their recovery. 

(4) JOB PLACEMENT SERVICES FOR FAMILY MEMBERS OF

RECOVERING SERVICE MEMBERS.—The policy shall provide for 

procedures for application by eligible family members during 

a one-year period for job placement services otherwise offered 

by the Department of Defense. 

(g) OUTREACH TO RECOVERING SERVICE MEMBERS AND THEIR

FAMILIES ON COMPREHENSIVE POLICY.—The policy required by subsection (a) shall include procedures and mechanisms to ensure 

that recovering service members and their families are fully 

informed of the policies required by this section, including policies 

on medical care for recovering service members, on the management 

and transition of recovering service members, and on the responsibilities of recovering service members and their family members 

throughout the continuum of care and services for recovering service 

members under this section. 

(h) APPLICABILITY OF COMPREHENSIVE POLICY TO RECOVERING

SERVICE MEMBERS ON TEMPORARY DISABILITY RETIRED LIST.— 

Appropriate elements of the policy required by this section shall 

apply to recovering service members whose names are placed on 

the temporary disability retired list in such manner, and subject 

to such terms and conditions, as the Secretary of Defense shall 

prescribe in regulations for purposes of this subsection. 

Regulations. 

Procedures. 

Procedures. 

Procedures. 

Requirements. 

Standards. 

Guidelines. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 441 

SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY 

EVALUATIONS OF RECOVERING SERVICE MEMBERS. 

(a) MEDICAL EVALUATIONS OF RECOVERING SERVICE MEM- BERS.— (1) IN GENERAL.—Not later than July 1, 2008, the Secretary 

of Defense shall develop a policy on improvements to the processes, procedures, and standards for the conduct by the military 

departments of medical evaluations of recovering service members. 

(2) ELEMENTS.—The policy on improvements to processes, 

procedures, and standards required under this subsection shall 

include and address the following: 

(A) Processes for medical evaluations of recovering 

service members that— 

(i) apply uniformly throughout the military departments; and 

(ii) apply uniformly with respect to recovering 

service members who are members of the regular 

components of the Armed Forces and recovering service 

members who are members of the National Guard 

and Reserve. 

(B) Standard criteria and definitions for determining 

the achievement for recovering service members of the 

maximum medical benefit from treatment and rehabilitation. 

(C) Standard timelines for each of the following: 

(i) Determinations of fitness for duty of recovering 

service members. 

(ii) Specialty care consultations for recovering 

service members. 

(iii) Preparation of medical documents for recovering service members. 

(iv) Appeals by recovering service members of medical evaluation determinations, including determinations of fitness for duty. 

(D) Procedures for ensuring that— 

(i) upon request of a recovering service member 

being considered by a medical evaluation board, a 

physician or other appropriate health care professional 

who is independent of the medical evaluation board 

is assigned to the service member; and 

(ii) the physician or other health care professional 

assigned to a recovering service member under clause 

(i)— 

(I) serves as an independent source for review 

of the findings and recommendations of the medical evaluation board; 

(II) provides the service member with advice 

and counsel regarding the findings and recommendations of the medical evaluation board; 

and 

(III) advises the service member on whether 

the findings of the medical evaluation board adequately reflect the complete spectrum of injuries 

and illness of the service member. 

(E) Standards for qualifications and training of medical 

evaluation board personnel, including physicians, case 

Deadline. 

Policy. 

10 USC 1071 

note. 


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workers, and physical disability evaluation board liaison 

officers, in conducting medical evaluations of recovering 

service members. 

(F) Standards for the maximum number of medical 

evaluation cases of recovering service members that are 

pending before a medical evaluation board at any one time, 

and requirements for the establishment of additional medical evaluation boards in the event such number is 

exceeded. 

(G) Standards for information for recovering service 

members, and their families, on the medical evaluation 

board process and the rights and responsibilities of recovering service members under that process, including a 

standard handbook on such information (which handbook 

shall also be available electronically). 

(b) PHYSICAL DISABILITY EVALUATIONS OF RECOVERING SERVICE

MEMBERS.— 

(1) IN GENERAL.—Not later than July 1, 2008, the Secretary 

of Defense and the Secretary of Veterans Affairs shall develop 

a policy on improvements to the processes, procedures, and 

standards for the conduct of physical disability evaluations 

of recovering service members by the military departments 

and by the Department of Veterans Affairs. 

(2) ELEMENTS.—The policy on improvements to processes, 

procedures, and standards required under this subsection shall 

include and address the following: 

(A) A clearly-defined process of the Department of 

Defense and the Department of Veterans Affairs for disability determinations of recovering service members. 

(B) To the extent feasible, procedures to eliminate 

unacceptable discrepancies and improve consistency among 

disability ratings assigned by the military departments 

and the Department of Veterans Affairs, particularly in 

the disability evaluation of recovering service members, 

which procedures shall be subject to the following requirements and limitations: 

(i) Such procedures shall apply uniformly with 

respect to recovering service members who are members of the regular components of the Armed Forces 

and recovering service members who are members of 

the National Guard and Reserve. 

(ii) Under such procedures, each Secretary of a 

military department shall, to the extent feasible, utilize 

the standard schedule for rating disabilities in use 

by the Department of Veterans Affairs, including any 

applicable interpretation of such schedule by the 

United States Court of Appeals for Veterans Claims, 

in making any determination of disability of a recovering service member, except as otherwise authorized 

by section 1216a of title 10, United States Code (as 

added by section 1642 of this Act). 

(C) Uniform timelines among the military departments 

for appeals of determinations of disability of recovering 

service members, including timelines for presentation, 

consideration, and disposition of appeals. 

(D) Uniform standards among the military departments for qualifications and training of physical disability 

Deadline. 

Policy. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 443 

evaluation board personnel, including physical evaluation 

board liaison personnel, in conducting physical disability 

evaluations of recovering service members. 

(E) Uniform standards among the military departments for the maximum number of physical disability 

evaluation cases of recovering service members that are 

pending before a physical disability evaluation board at 

any one time, and requirements for the establishment of 

additional physical disability evaluation boards in the event 

such number is exceeded. 

(F) Uniform standards and procedures among the military departments for the provision of legal counsel to recovering service members while undergoing evaluation by a 

physical disability evaluation board. 

(G) Uniform standards among the military departments on the roles and responsibilities of non-medical care 

managers under section 1611(e)(4) and judge advocates 

assigned to recovering service members undergoing evaluation by a physical disability board, and uniform standards 

on the maximum number of cases involving such service 

members that are to be assigned to judge advocates at 

any one time. 

(c) ASSESSMENT OF CONSOLIDATION OF DEPARTMENT OF

DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS DISABILITY

EVALUATION SYSTEMS.— (1) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate 

committees of Congress a report on the feasability and advisability of consolidating the disability evaluation systems of 

the military departments and the disability evaluation system 

of the Department of Veterans Affairs into a single disability 

evaluation system. The report shall be submitted together with 

the report required by section 1611(a). 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An assessment of the feasability and advisability 

of consolidating the disability evaluation systems described 

in paragraph (1) as specified in that paragraph. 

(B) If the consolidation of the systems is considered 

feasible and advisable— 

(i) recommendations for various options for consolidating the systems as specified in paragraph (1); and 

(ii) recommendations for mechanisms to evaluate 

and assess any progress made in consolidating the 

systems as specified in that paragraph. 

SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE 

DUTY IN THE ARMED FORCES. 

The Secretary of Defense shall establish standards for determinations by the military departments on the return of recovering 

service members to active duty in the Armed Forces. 

SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM 

CARE AND TREATMENT THROUGH THE DEPARTMENT OF 

DEFENSE TO CARE, TREATMENT, AND REHABILITATION 

THROUGH THE DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Not later than July 1, 2008, the Secretary 

of Defense and the Secretary of Veterans Affairs shall jointly 

Deadline. 

Processes. 

Procedures. 

Standards. 

10 USC 1071 

note. 

Standards. 

10 USC 1071 

note. 

Reports. 


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develop and implement processes, procedures, and standards for 

the transition of recovering service members from care and treatment through the Department of Defense to care, treatment, and 

rehabilitation through the Department of Veterans Affairs. 

(b) ELEMENTS.—The processes, procedures, and standards 

required under this section shall include the following: 

(1) Uniform, patient-focused procedures to ensure that the 

transition described in subsection (a) occurs without gaps in 

medical care and in the quality of medical care, benefits, and 

services. 

(2) Procedures for the identification and tracking of recovering service members during the transition, and for the 

coordination of care and treatment of recovering service members during the transition, including a system of cooperative 

case management of recovering service members by the Department of Defense and the Department of Veterans Affairs during 

the transition. 

(3) Procedures for the notification of Department of Veterans Affairs liaison personnel of the commencement by recovering service members of the medical evaluation process and 

the physical disability evaluation process. 

(4) Procedures and timelines for the enrollment of recovering service members in applicable enrollment or application 

systems of the Department of Veterans Affairs with respect 

to health care, disability, education, vocational rehabilitation, 

or other benefits. 

(5) Procedures to ensure the access of recovering service 

members during the transition to vocational, educational, and 

rehabilitation benefits available through the Department of 

Veterans Affairs. 

(6) Standards for the optimal location of Department of 

Defense and Department of Veterans Affairs liaison and case 

management personnel at military medical treatment facilities, 

medical centers, and other medical facilities of the Department 

of Defense. 

(7) Standards and procedures for integrated medical care 

and management of recovering service members during the 

transition, including procedures for the assignment of medical 

personnel of the Department of Veterans Affairs to Department 

of Defense facilities to participate in the needs assessments 

of recovering service members before, during, and after their 

separation from military service. 

(8) Standards for the preparation of detailed plans for 

the transition of recovering service members from care and 

treatment by the Department of Defense to care, treatment, 

and rehabilitation by the Department of Veterans Affairs, which 

plans shall— 

(A) be based on standardized elements with respect 

to care and treatment requirements and other applicable 

requirements; and 

(B) take into account the comprehensive recovery plan 

for the recovering service member concerned as developed 

under section 1611(e)(1). 

(9) Procedures to ensure that each recovering service 

member who is being retired or separated under chapter 61 

of title 10, United States Code, receives a written transition 

plan, prior to the time of retirement or separation, that— 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 445 

(A) specifies the recommended schedule and milestones 

for the transition of the service member from military 

service; 

(B) provides for a coordinated transition of the service 

member from the Department of Defense disability evaluation system to the Department of Veterans Affairs disability 

system; and 

(C) includes information and guidance designed to 

assist the service member in understanding and meeting 

the schedule and milestones specified under subparagraph 

(A) for the service member’s transition. 

(10) Procedures for the transmittal from the Department 

of Defense to the Department of Veterans Affairs of records 

and any other required information on each recovering service 

member described in paragraph (9), which procedures shall 

provide for the transmission from the Department of Defense 

to the Department of Veterans Affairs of records and information on the service member as follows: 

(A) The address and contact information of the service 

member. 

(B) The DD–214 discharge form of the service member, 

which shall be transmitted under such procedures electronically. 

(C) A copy of the military service record of the service 

member, including medical records and any results of a 

physical evaluation board. 

(D) Information on whether the service member is 

entitled to transitional health care, a conversion health 

policy, or other health benefits through the Department 

of Defense under section 1145 of title 10, United States 

Code. 

(E) A copy of any request of the service member for 

assistance in enrolling in, or completed applications for 

enrollment in, the health care system of the Department 

of Veterans Affairs for health care benefits for which the 

service member may be eligible under laws administered 

by the Secretary of Veterans Affairs. 

(F) A copy of any request by the service member for 

assistance in applying for, or completed applications for, 

compensation and vocational rehabilitation benefits to 

which the service member may be entitled under laws 

administered by the Secretary of Veterans Affairs. 

(11) A process to ensure that, before transmittal of medical 

records of a recovering service member to the Department 

of Veterans Affairs, the Secretary of Defense ensures that the 

service member (or an individual legally recognized to make 

medical decisions on behalf of the service member) authorizes 

the transfer of the medical records of the service member from 

the Department of Defense to the Department of Veterans 

Affairs pursuant to the Health Insurance Portability and 

Accountability Act of 1996. 

(12) Procedures to ensure that, with the consent of the 

recovering service member concerned, the address and contact 

information of the service member is transmitted to the department or agency for veterans affairs of the State in which 

the service member intends to reside after the retirement or 

separation of the service member from the Armed Forces. 


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(13) Procedures to ensure that, before the transmittal of 

records and other information with respect to a recovering 

service member under this section, a meeting regarding the 

transmittal of such records and other information occurs among 

the service member, appropriate family members of the service 

member, representatives of the Secretary of the military department concerned, and representatives of the Secretary of Veterans Affairs, with at least 30 days advance notice of the 

meeting being given to the service member unless the service 

member waives the advance notice requirement in order to 

accelerate transmission of the service member’s records and 

other information to the Department of Veterans Affairs. 

(14) Procedures to ensure that the Secretary of Veterans 

Affairs gives appropriate consideration to a written statement 

submitted to the Secretary by a recovering service member 

regarding the transition. 

(15) Procedures to provide access for the Department of 

Veterans Affairs to the military health records of recovering 

service members who are receiving care and treatment, or 

are anticipating receipt of care and treatment, in Department 

of Veterans Affairs health care facilities, which procedures shall 

be consistent with the procedures and requirements in paragraphs (11) and (13). 

(16) A process for the utilization of a joint separation 

and evaluation physical examination that meets the requirements of both the Department of Defense and the Department 

of Veterans Affairs in connection with the medical separation 

or retirement of a recovering service member from military 

service and for use by the Department of Veterans Affairs 

in disability evaluations. 

(17) Procedures for surveys and other mechanisms to 

measure patient and family satisfaction with the provision by 

the Department of Defense and the Department of Veterans 

Affairs of care and services for recovering service members, 

and to facilitate appropriate oversight by supervisory personnel 

of the provision of such care and services. 

(18) Procedures to ensure the participation of recovering 

service members who are members of the National Guard or 

Reserve in the Benefits Delivery at Discharge Program, 

including procedures to ensure that, to the maximum extent 

feasible, services under the Benefits Delivery at Discharge Program are provided to recovering service members at— 

(A) appropriate military installations; 

(B) appropriate armories and military family support 

centers of the National Guard; 

(C) appropriate military medical care facilities at which 

members of the Armed Forces are separated or discharged 

from the Armed Forces; and 

(D) in the case of a member on the temporary disability 

retired list under section 1202 or 1205 of title 10, United 

States Code, who is being retired under another provision 

of such title or is being discharged, at a location reasonably 

convenient to the member. 

SEC. 1615. REPORTS. 

(a) REPORT ON POLICY.—Upon the development of the policy 

required by subsection (a) of section 1611 but not later than July 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 447 

1, 2008, the Secretary of Defense and the Secretary of Veterans 

Affairs shall jointly submit to the appropriate committees of Congress a report on the policy, including a comprehensive and detailed 

description of the policy and of the manner in which the policy 

addresses the detailed elements of the policy specified in subsections 

(d) through (h) of section 1611, and the findings and recommendations of the reviews under subsections (b) and (c) of section 1611. 

(b) INTERIM REPORT ON POLICY.—Not later than February 1, 

2008, the Secretary of Defense and the Secretary of Veterans Affairs 

shall jointly submit to the appropriate committees of Congress 

an interim report on the policy, which shall include a comprehensive 

and detailed description of the matters specified in subsection (a) 

current as of the date of such interim report. 

(c) REPORT ON UPDATE OF POLICY.—Upon updating the policy 

under section 1611(a)(4), the Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the update of the policy, including 

a comprehensive and detailed description of such update and of 

the reasons for such update. 

(d) COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION

OF POLICY.— 

(1) IN GENERAL.—Not later than six months after the date 

of the enactment of this Act and every year thereafter through 

2010, the Comptroller General of the United States shall submit 

to the appropriate committees of Congress a report setting 

forth the assessment of the Comptroller General of the progress 

of the Secretary of Defense and the Secretary of Veterans 

Affairs in developing and implementing the policy required 

by section 1611(a). Each report shall include a certification 

by the Comptroller General as to whether the Comptroller 

General has had timely access to sufficient information to 

enable the Comptroller General to make informed judgments 

on the matters covered by the report. 

(2) ACCESS INFORMATION.—The Secretary of Defense and 

the Secretary of Veterans Affairs shall facilitate the ability 

of the Comptroller General to conduct any review required 

for a report under this subsection within the time period 

required for such report, including prompt and complete access 

to such information as the Comptroller General considers necessary to perform such review. 

(e) REPORT ON REDUCTION IN DISABILITY RATINGS BY THE

DEPARTMENT OF DEFENSE.—Not later than February 1, 2009, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report on 

the number of instances during the period beginning on October 

7, 2001, and ending on September 30, 2006, in which a disability 

rating assigned to a member of the Armed Forces by an informal 

physical evaluation board of the Department of Defense was reduced 

upon appeal, and the reasons for such reduction. 

SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE 

CENTER. 

(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

a wounded warrior resource center (in this section referred to 

as the ‘‘center’’) to provide wounded warriors, their families, and 

their primary caregivers with a single point of contact for assistance 

with reporting deficiencies in covered military facilities, obtaining 

10 USC 1071 

note. 

Certification. 

Deadline. 

Reports. 


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122 STAT. 448 PUBLIC LAW 110–181—JAN. 28, 2008 

health care services, receiving benefits information, and any other 

difficulties encountered while supporting wounded warriors. The 

Secretary shall widely disseminate information regarding the existence and availability of the center, including contact information, 

to members of the Armed Forces and their dependents. In carrying 

out this subsection, the Secretary may use existing infrastructure 

and organizations but shall ensure that the center has the ability 

to separately keep track of calls from wounded warriors. 

(b) ACCESS.—The center shall provide multiple methods of 

access, including at a minimum an Internet website and a tollfree telephone number (commonly referred to as a ‘‘hot line’’) at 

which personnel are accessible at all times to receive reports of 

deficiencies or provide information about covered military facilities, 

health care services, or military benefits. 

(c) CONFIDENTIALITY.— (1) NOTIFICATION.—Individuals who seek to provide 

information through the center under subsection (a) shall be 

notified, immediately before they provide such information, of 

their option to elect, at their discretion, to have their identity 

remain confidential. 

(2) PROHIBITION ON FURTHER DISCLOSURE.—In the case of 

information provided through use of the toll-free telephone 

number by an individual who elects to maintain the confidentiality of his or her identity, any individual who, by necessity, 

has had access to such information for purposes of investigating 

or responding to the call as required under subsection (d) 

may not disclose the identity of the individual who provided 

the information. 

(d) FUNCTIONS.—The center shall perform the following functions: 

(1) CALL TRACKING.—The center shall be responsible for 

documenting receipt of a call, referring the call to the appropriate office within a military department for answer or investigation, and tracking the formulation and notification of the 

response to the call. 

(2) INVESTIGATION AND RESPONSE.—The center shall be 

responsible for ensuring that, not later than 96 hours after 

a call— 

(A) if a report of deficiencies is received in a call— 

(i) any deficiencies referred to in the call are investigated; 

(ii) if substantiated, a plan of action for remediation of the deficiencies is developed and implemented; 

and 

(iii) if requested, the individual who made the 

report is notified of the current status of the report; 

or 

(B) if a request for information is received in a call— 

(i) the information requested by the caller is provided by the center; 

(ii) all requests for information from the call are 

referred to the appropriate office or offices of a military 

department for response; and 

(iii) the individual who made the report is notified, 

at a minimum, of the current status of the query. 

(3) FINAL NOTIFICATION.—The center shall be responsible 

for ensuring that, if requested, the caller is notified when 

Deadline. 

Website. 

Communications 

and telecommunications. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 449 

the deficiency has been corrected or when the request for 

information has been fulfilled to the maximum extent practicable, as determined by the Secretary. 

(e) DEFINITIONS.—In this section: 

(1) COVERED MILITARY FACILITY.—The term ‘‘covered military facility’’ has the meaning provided in section 1648(b) of 

this Act. 

(2) CALL.—The term ‘‘call’’ means any query or report that 

is received by the center by means of the toll-free telephone 

number or other source. 

(f) EFFECTIVE DATES.— 

(1) TOLL-FREE TELEPHONE NUMBER.—The toll-free telephone number required to be established by subsection (a), 

shall be fully operational not later than April 1, 2008. 

(2) INTERNET WEBSITE.—The Internet website required to 

be established by subsection (a), shall be fully operational not 

later than July 1, 2008. 

SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF 

COMBAT WOUNDED SERVICE MEMBERS. 

(a) NOTIFICATION REQUIRED.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is further amended by inserting after section 1074k the 

following new section: 

‘‘§ 1074l. Notification to Congress of hospitalization of combat 

wounded members 

‘‘(a) NOTIFICATION REQUIRED.—The Secretary concerned shall 

provide notification of the hospitalization of any member of the 

armed forces evacuated from a theater of combat and admitted 

to a military treatment facility within the United States to the 

appropriate Members of Congress. 

‘‘(b) APPROPRIATE MEMBERS.—In this section, the term ‘appropriate Members of Congress’, with respect to the member of the 

armed forces about whom notification is being made, means the 

Senators representing the State, and the Member, Delegate, or 

Resident Commissioner of the House of Representatives representing the district, that includes the member’s home of record 

or a different location as provided by the member. 

‘‘(c) CONSENT OF MEMBER REQUIRED.—The notification under 

subsection (a) may be provided only with the consent of the member 

of the armed forces about whom notification is to be made. In 

the case of a member who is unable to provide consent, information 

and consent may be provided by next of kin.’’. 

(2) EFFECTIVE DATE.—The notification requirement under 

section 1074l(a) of title 10, United States Code, as added by 

paragraph (1), shall apply beginning 60 days after the date 

of the enactment of this Act. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘1074l. Notification to Congress of hospitalization of combat wounded members.’’. 

10 USC 1074l 

note. 


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SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF, AND 

RESEARCH ON, TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS DISORDER, AND OTHER MENTAL HEALTH 

CONDITIONS IN MEMBERS OF THE ARMED FORCES. 

(a) COMPREHENSIVE STATEMENT OF POLICY.—The Secretary of 

Defense and the Secretary of Veterans Affairs shall direct joint 

planning among the Department of Defense, the military departments, and the Department of Veterans Affairs for the prevention, 

diagnosis, mitigation, treatment, and rehabilitation of, and research 

on, traumatic brain injury, post-traumatic stress disorder, and other 

mental health conditions in members of the Armed Forces, including 

planning for the seamless transition of such members from care 

through the Department of Defense to care through the Department 

of Veterans Affairs. 

(b) COMPREHENSIVE PLAN REQUIRED.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall, in consultation with the Secretary of Veterans Affairs, submit 

to the congressional defense committees a comprehensive plan for 

programs and activities of the Department of Defense to prevent, 

diagnose, mitigate, treat, research, and otherwise respond to traumatic brain injury, post-traumatic stress disorder, and other mental 

health conditions in members of the Armed Forces, including— 

(1) an assessment of the current capabilities of the Department for the prevention, diagnosis, mitigation, treatment, and 

rehabilitation of, and research on, traumatic brain injury, posttraumatic stress disorder, and other mental health conditions 

in members of the Armed Forces; 

(2) the identification of gaps in current capabilities of the 

Department for the prevention, diagnosis, mitigation, treatment, and rehabilitation of, and research on, traumatic brain 

injury, post-traumatic stress disorder, and other mental health 

conditions in members of the Armed Forces; and 

(3) the identification of the resources required for the 

Department in fiscal years 2009 through 2013 to address the 

gaps in capabilities identified under paragraph (2). 

(c) PROGRAM REQUIRED.—One of the programs contained in 

the comprehensive plan submitted under subsection (b) shall be 

a Department of Defense program, developed in collaboration with 

the Department of Veterans Affairs, under which each member 

of the Armed Forces who incurs a traumatic brain injury or posttraumatic stress disorder during service in the Armed Forces— 

(1) is enrolled in the program; and 

(2) receives treatment and rehabilitation meeting a 

standard of care such that each individual who qualifies for 

care under the program shall— 

(A) be provided the highest quality, evidence-based 

care in facilities that most appropriately meet the specific 

needs of the individual; and 

(B) be rehabilitated to the fullest extent possible using 

up-to-date evidence-based medical technology, and physical 

and medical rehabilitation practices and expertise. 

(d) PROVISION OF INFORMATION REQUIRED.—The comprehensive 

plan submitted under subsection (b) shall require the provision 

of information by the Secretary of Defense to members of the 

Armed Forces with traumatic brain injury, post-traumatic stress 

Deadline. 

10 USC 1071 

note. 


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disorder, or other mental health conditions and their families about 

their options with respect to the following: 

(1) The receipt of medical and mental health care from 

the Department of Defense and the Department of Veterans 

Affairs. 

(2) Additional options available to such members for treatment and rehabilitation of traumatic brain injury, post-traumatic stress disorder, and other mental health conditions. 

(3) The options available, including obtaining a second 

opinion, to such members for a referral to an authorized provider under chapter 55 of title 10, United States Code, as 

determined under regulations prescribed by the Secretary of 

Defense. 

(e) ADDITIONAL ELEMENTS OF PLAN.—The comprehensive plan 

submitted under subsection (b) shall include comprehensive proposals of the Department on the following: 

(1) LEAD AGENT.—The designation by the Secretary of 

Defense of a lead agent or executive agent for the Department 

to coordinate development and implementation of the plan. 

(2) DETECTION AND TREATMENT.—The improvement of 

methods and mechanisms for the detection and treatment of 

traumatic brain injury, post-traumatic stress disorder, and 

other mental health conditions in members of the Armed Forces 

in the field. 

(3) REDUCTION OF PTSD.—The development of a plan for 

reducing post traumatic-stress disorder, incorporating evidencebased preventive and early-intervention measures, practices, 

or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder or other stressrelated conditions (including substance abuse conditions) into— 

(A) basic and pre-deployment training for enlisted 

members of the Armed Forces, noncommissioned officers, 

and officers; 

(B) combat theater operations; and 

(C) post-deployment service. 

(4) RESEARCH.—Requirements for research on traumatic 

brain injury, post-traumatic stress disorder, and other mental 

health conditions including (in particular) research on pharmacological and other approaches to treatment for traumatic brain 

injury, post-traumatic stress disorder, or other mental health 

conditions, as applicable, and the allocation of priorities among 

such research. 

(5) DIAGNOSTIC CRITERIA.—The development, adoption, and 

deployment of joint Department of Defense-Department of Veterans Affairs evidence-based diagnostic criteria for the detection 

and evaluation of the range of traumatic brain injury, posttraumatic stress disorder, and other mental health conditions 

in members of the Armed Forces, which criteria shall be 

employed uniformly across the military departments in all 

applicable circumstances, including provision of clinical care 

and assessment of future deployability of members of the Armed 

Forces. 

(6) ASSESSMENT.—The development and deployment of evidence-based means of assessing traumatic brain injury, posttraumatic stress disorder, and other mental health conditions 

in members of the Armed Forces, including a system of preVerDate Aug 31 2005 10:18 Mar 12, 2008 Jkt 069139 PO 00181 Frm 00449 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL181.110 APPS06 PsN: PUBL181

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deployment and post-deployment screenings of cognitive ability 

in members for the detection of cognitive impairment. 

(7) MANAGING AND MONITORING.—The development and 

deployment of effective means of managing and monitoring 

members of the Armed Forces with traumatic brain injury, 

post-traumatic stress disorder, or other mental health conditions in the receipt of care for traumatic brain injury, posttraumatic stress disorder, or other mental health conditions, 

as applicable, including the monitoring and assessment of treatment and outcomes. 

(8) EDUCATION AND AWARENESS.—The development and 

deployment of an education and awareness training initiative 

designed to reduce the negative stigma associated with traumatic brain injury, post-traumatic stress disorder, and other 

mental health conditions, and mental health treatment. 

(9) EDUCATION AND OUTREACH.—The provision of education 

and outreach to families of members of the Armed Forces 

with traumatic brain injury, post-traumatic stress disorder, 

or other mental health conditions on a range of matters relating 

to traumatic brain injury, post-traumatic stress disorder, or 

other mental health conditions, as applicable, including detection, mitigation, and treatment. 

(10) RECORDING OF BLASTS.—A requirement that exposure 

to a blast or blasts be recorded in the records of members 

of the Armed Forces. 

(11) GUIDELINES FOR BLAST INJURIES.—The development 

of clinical practice guidelines for the diagnosis and treatment 

of blast injuries in members of the Armed Forces, including, 

but not limited to, traumatic brain injury. 

(12) GENDER- AND ETHNIC GROUP-SPECIFIC SERVICES AND

TREATMENT.—The development of requirements, as appropriate, 

for gender- and ethnic group-specific medical care services and 

treatment for members of the Armed Forces who experience 

mental health problems and conditions, including post-traumatic stress disorder, with specific regard to the availability 

of, access to, and research and development requirements of 

such needs. 

(f) COORDINATION IN DEVELOPMENT.—The comprehensive plan 

submitted under subsection (b) shall be developed in coordination 

with the Secretary of the Army (who was designated by the Secretary of Defense as executive agent for the prevention, mitigation, 

and treatment of blast injuries under section 256 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3181; 10 U.S.C. 1071 note)). 


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Subtitle B—Centers of Excellence in the 

Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic 

Brain Injury, Post-Traumatic Stress Disorder, and Eye Injuries 

SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS, 

MITIGATION, TREATMENT, AND REHABILITATION OF 

TRAUMATIC BRAIN INJURY. 

(a) IN GENERAL.—The Secretary of Defense shall establish 

within the Department of Defense a center of excellence in the 

prevention, diagnosis, mitigation, treatment, and rehabilitation of 

traumatic brain injury, including mild, moderate, and severe traumatic brain injury, to carry out the responsibilities specified in 

subsection (c). 

(b) PARTNERSHIPS.—The Secretary shall ensure that the Center 

collaborates to the maximum extent practicable with the Department of Veterans Affairs, institutions of higher education, and 

other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). 

(c) RESPONSIBILITIES.—The Center shall have responsibilities 

as follows: 

(1) To implement the comprehensive plan and strategy 

for the Department of Defense, required by section 1618 of 

this Act, for the prevention, diagnosis, mitigation, treatment, 

and rehabilitation of traumatic brain injury, including research 

on gender and ethnic group-specific health needs related to 

traumatic brain injury. 

(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment 

of traumatic brain injury. 

(3) To provide guidance for the mental health system of 

the Department in determining the mental health and neurological health personnel required to provide quality mental 

health care for members of the Armed Forces with traumatic 

brain injury. 

(4) To establish, implement, and oversee a comprehensive 

program to train mental health and neurological health professionals of the Department in the treatment of traumatic brain 

injury. 

(5) To facilitate advancements in the study of the shortterm and long-term psychological effects of traumatic brain 

injury. 

(6) To disseminate within the military medical treatment 

facilities of the Department best practices for training mental 

health professionals, including neurological health professionals, with respect to traumatic brain injury. 

(7) To conduct basic science and translational research 

on traumatic brain injury for the purposes of understanding 

the etiology of traumatic brain injury and developing preventive 

interventions and new treatments. 

(8) To develop programs and outreach strategies for families 

of members of the Armed Forces with traumatic brain injury 

Establishment. 

10 USC 1071 

note. 


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in order to mitigate the negative impacts of traumatic brain 

injury on such family members and to support the recovery 

of such members from traumatic brain injury. 

(9) To conduct research on the mental health needs of 

families of members of the Armed Forces with traumatic brain 

injury and develop protocols to address any needs identified 

through such research. 

(10) To conduct longitudinal studies (using imaging technology and other proven research methods) on members of 

the Armed Forces with traumatic brain injury to identify early 

signs of Alzheimer’s disease, Parkinson’s disease, or other manifestations of neurodegeneration, as well as epilepsy, in such 

members, in coordination with the studies authorized by section 

721 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2294) 

and other studies of the Department of Defense and the Department of Veterans Affairs that address the connection between 

exposure to combat and the development of Alzheimer’s disease, 

Parkinson’s disease, and other neurodegenerative disorders, as 

well as epilepsy. 

(11) To develop and oversee a long-term plan to increase 

the number of mental health and neurological health professionals within the Department in order to facilitate the meeting 

by the Department of the needs of members of the Armed 

Forces with traumatic brain injury until their transition to 

care and treatment from the Department of Veterans Affairs. 

(12) To develop a program on comprehensive pain management, including management of acute and chronic pain, to 

utilize current and develop new treatments for pain, and to 

identify and disseminate best practices on pain management 

related to traumatic brain injury. 

(13) Such other responsibilities as the Secretary shall 

specify. 

SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF POSTTRAUMATIC STRESS DISORDER AND OTHER MENTAL 

HEALTH CONDITIONS. 

(a) IN GENERAL.—The Secretary of Defense shall establish 

within the Department of Defense a center of excellence in the 

prevention, diagnosis, mitigation, treatment, and rehabilitation of 

post-traumatic stress disorder (PTSD) and other mental health 

conditions, including mild, moderate, and severe post-traumatic 

stress disorder and other mental health conditions, to carry out 

the responsibilities specified in subsection (c). 

(b) PARTNERSHIPS.—The Secretary shall ensure that the center 

collaborates to the maximum extent practicable with the National 

Center on Post-Traumatic Stress Disorder of the Department of 

Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) 

to carry out the responsibilities specified in subsection (c). 

(c) RESPONSIBILITIES.—The center shall have responsibilities 

as follows: 

(1) To implement the comprehensive plan and strategy 

for the Department of Defense, required by section 1618 of 

this Act, for the prevention, diagnosis, mitigation, treatment, 

and rehabilitation of post-traumatic stress disorder and other 

Establishment. 

10 USC 1071 

note. 


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mental health conditions, including research on gender- and 

ethnic group-specific health needs related to post-traumatic 

stress disorder and other mental health conditions. 

(2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment 

of post-traumatic stress disorder. 

(3) To provide guidance for the mental health system of 

the Department in determining the mental health and neurological health personnel required to provide quality mental 

health care for members of the Armed Forces with post-traumatic stress disorder and other mental health conditions. 

(4) To establish, implement, and oversee a comprehensive 

program to train mental health and neurological health professionals of the Department in the treatment of post-traumatic 

stress disorder and other mental health conditions. 

(5) To facilitate advancements in the study of the shortterm and long-term psychological effects of post-traumatic 

stress disorder and other mental health conditions. 

(6) To disseminate within the military medical treatment 

facilities of the Department best practices for training mental 

health professionals, including neurological health professionals, with respect to post-traumatic stress disorder and other 

mental health conditions. 

(7) To conduct basic science and translational research 

on post-traumatic stress disorder for the purposes of understanding the etiology of post-traumatic stress disorder and 

developing preventive interventions and new treatments. 

(8) To develop programs and outreach strategies for families 

of members of the Armed Forces with post-traumatic stress 

disorder and other mental health conditions in order to mitigate 

the negative impacts of post-traumatic stress disorder and other 

mental health conditions on such family members and to support the recovery of such members from post-traumatic stress 

disorder and other mental health conditions. 

(9) To conduct research on the mental health needs of 

families of members of the Armed Forces with post-traumatic 

stress disorder and other mental health conditions and develop 

protocols to address any needs identified through such research. 

(10) To develop and oversee a long-term plan to increase 

the number of mental health and neurological health professionals within the Department in order to facilitate the meeting 

by the Department of the needs of members of the Armed 

Forces with post-traumatic stress disorder and other mental 

health conditions until their transition to care and treatment 

from the Department of Veterans Affairs. 

SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES. 

(a) IN GENERAL.—The Secretary of Defense shall establish 

within the Department of Defense a center of excellence in the 

prevention, diagnosis, mitigation, treatment, and rehabilitation of 

military eye injuries to carry out the responsibilities specified in 

subsection (c). 

(b) PARTNERSHIPS.—The Secretary shall ensure that the center 

collaborates to the maximum extent practicable with the Secretary 

of Veterans Affairs, institutions of higher education, and other 

Establishment. 

10 USC 1071 

note. 


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appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). 

(c) RESPONSIBILITIES.— 

(1) IN GENERAL.—The center shall— 

(A) implement a comprehensive plan and strategy for 

the Department of Defense, as developed by the Secretary 

of Defense, for a registry of information for the tracking 

of the diagnosis, surgical intervention or other operative 

procedure, other treatment, and follow up for each case 

of significant eye injury incurred by a member of the Armed 

Forces while serving on active duty; 

(B) ensure the electronic exchange with the Secretary 

of Veterans Affairs of information obtained through 

tracking under subparagraph (A); and 

(C) enable the Secretary of Veterans Affairs to access 

the registry and add information pertaining to additional 

treatments or surgical procedures and eventual visual outcomes for veterans who were entered into the registry 

and subsequently received treatment through the Veterans 

Health Administration. 

(2) DESIGNATION OF REGISTRY.—The registry under this 

subsection shall be known as the ‘‘Military Eye Injury Registry’’ 

(hereinafter referred to as the ‘‘Registry’’). 

(3) CONSULTATION IN DEVELOPMENT.—The center shall 

develop the Registry in consultation with the ophthalmological 

specialist personnel and optometric specialist personnel of the 

Department of Defense and the ophthalmological specialist personnel and optometric specialist personnel of the Department 

of Veterans Affairs. The mechanisms and procedures of the 

Registry shall reflect applicable expert research on military 

and other eye injuries. 

(4) MECHANISMS.—The mechanisms of the Registry for 

tracking under paragraph (1)(A) shall ensure that each military 

medical treatment facility or other medical facility shall submit 

to the center for inclusion in the Registry information on the 

diagnosis, surgical intervention or other operative procedure, 

other treatment, and follow up for each case of eye injury 

described in that paragraph as follows (to the extent applicable): 

(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative 

intervention carried out as a result of a follow-up examination. 

(B) Not later than 180 days after the significant eye 

injury is reported or recorded in the medical record. 

(5) COORDINATION OF CARE AND BENEFITS.—(A) The center 

shall provide notice to the Blind Rehabilitation Service of the 

Department of Veterans Affairs and to the eye care services 

of the Veterans Health Administration on each member of 

the Armed Forces described in subparagraph (B) for purposes 

of ensuring the coordination of the provision of ongoing eye 

care and visual rehabilitation benefits and services by the 

Department of Veterans Affairs after the separation or release 

of such member from the Armed Forces. 

(B) A member of the Armed Forces described in this 

subparagraph is a member of the Armed Forces as follows: 

Notification. 

Deadlines. 


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(i) A member with a significant eye injury incurred 

while serving on active duty, including a member with 

visual dysfunction related to traumatic brain injury. 

(ii) A member with an eye injury incurred while serving 

on active duty who has a visual acuity of 20/200 or less 

in the injured eye. 

(iii) A member with an eye injury incurred while 

serving on active duty who has a loss of peripheral vision 

resulting in 20 degrees or less of visual field in the injured 

eye. 

(d) UTILIZATION OF REGISTRY INFORMATION.—The Secretary of 

Defense and the Secretary of Veterans Affairs shall jointly ensure 

that information in the Registry is available to appropriate ophthalmological and optometric personnel of the Department of Defense 

and the Department of Veterans Affairs for purposes of encouraging 

and facilitating the conduct of research, and the development of 

best practices and clinical education, on eye injuries incurred by 

members of the Armed Forces in combat. 

(e) INCLUSION OF RECORDS OF OIF/OEF VETERANS.—The Secretary of Defense shall take appropriate actions to include in the 

Registry such records of members of the Armed Forces who incurred 

an eye injury while serving on active duty on or after September 

11, 2001, but before the establishment of the Registry, as the 

Secretary considers appropriate for purposes of the Registry. 

(f) TRAUMATIC BRAIN INJURY POST TRAUMATIC VISUAL SYNDROME.—In carrying out the program at Walter Reed Army Medical 

Center, District of Columbia, on traumatic brain injury post traumatic visual syndrome, the Secretary of Defense and the Department of Veterans Affairs shall jointly provide for the conduct of 

a cooperative program for members of the Armed Forces and veterans with traumatic brain injury by military medical treatment 

facilities of the Department of Defense and medical centers of 

the Department of Veterans Affairs selected for purposes of this 

subsection for purposes of vision screening, diagnosis, rehabilitative 

management, and vision research, including research on prevention, 

on visual dysfunction related to traumatic brain injury. 

SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on— 

(1) the establishment of the center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of 

traumatic brain injury under section 1621; 

(2) the establishment of the center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of 

post-traumatic stress disorder and other mental health conditions under section 1622; and 

(3) the establishment of the center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries under section 1623. 

(b) MATTERS COVERED.—The report shall, for each such center— 

(1) describe in detail the activities and proposed activities 

of such center; and 

(2) assess the progress of such center in discharging the 

responsibilities of such center. 


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Subtitle C—Health Care Matters 

SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND 

FORMER MEMBERS OF THE ARMED FORCES WITH 

SEVERE INJURIES OR ILLNESSES. 

(a) MEDICAL AND DENTAL CARE FOR FORMER MEMBERS.— 

(1) IN GENERAL.—Effective as of the date of the enactment 

of this Act and subject to regulations prescribed by the Secretary of Defense, the Secretary may authorize that any former 

member of the Armed Forces with a serious injury or illness 

may receive the same medical and dental care as a member 

of the Armed Forces on active duty for medical and dental 

care not reasonably available to such former member in the 

Department of Veterans Affairs. 

(2) SUNSET.—The Secretary of Defense may not provide 

medical or dental care to a former member of the Armed 

Forces under this subsection after December 31, 2012, if the 

Secretary has not provided medical or dental care to the former 

member under this subsection before that date. 

(b) REHABILITATION AND VOCATIONAL BENEFITS.— 

(1) IN GENERAL.—Effective as of the date of the enactment 

of this Act, a member of the Armed Forces with a severe 

injury or illness is entitled to such benefits (including 

rehabilitation and vocational benefits, but not including compensation) from the Secretary of Veterans Affairs to facilitate 

the recovery and rehabilitation of such member as the Secretary 

otherwise provides to veterans of the Armed Forces receiving 

medical care in medical facilities of the Department of Veterans 

Affairs facilities in order to facilitate the recovery and 

rehabilitation of such members. 

(2) SUNSET.—The Secretary of Veterans Affairs may not 

provide benefits to a member of the Armed Forces under this 

subsection after December 31, 2012, if the Secretary has not 

provided benefits to the member under this subsection before 

that date. 

SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEMBERS WITH COMBAT-RELATED DISABILITIES FOR FOLLOW-ON SPECIALTY CARE, SERVICES, AND SUPPLIES. 

(a) TRAVEL.—Section 1074i of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) OUTREACH PROGRAM AND TRAVEL REIMBURSEMENT FOR

FOLLOW-ON SPECIALTY CARE AND RELATED SERVICES.—The Secretary concerned shall ensure that an outreach program is implemented for each member of the uniformed services who incurred 

a combat-related disability and is entitled to retired or retainer 

pay, or equivalent pay, so that— 

‘‘(1) the progress of the member is closely monitored; and 

‘‘(2) the member receives the travel reimbursement authorized by subsection (a) whenever the member requires followon specialty care, services, or supplies.’’. 

Effective dates. 

10 USC 1071 

note. 


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(b) COMBAT-RELATED DISABILITY DEFINED.—Subsection (c) of 

such section, as redesignated by subsection (a)(1), is amended by 

adding at the end the following new paragraph: 

‘‘(3) The term ‘combat-related disability’ has the meaning 

given that term in section 1413a of this title.’’. 

(c) EFFECTIVE DATE.—Subsection (b) of section 1074i of title 

10, United States Code, as added by subsection (a)(2), shall apply 

with respect to travel described in subsection (a) of such section 

that occurs on or after January 1, 2008, for follow-on specialty 

care, services, or supplies. 

SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS 

FOR MEMBERS OF THE UNIFORMED SERVICES WHO 

INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY. 

(a) IN GENERAL.—Section 1074(c) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(4)(A) Subject to such terms and conditions as the Secretary 

of Defense considers appropriate, coverage comparable to that provided by the Secretary under subsections (d) and (e) of section 

1079 of this title shall be provided under this subsection to members 

of the uniformed services who incur a serious injury or illness 

on active duty as defined by regulations prescribed by the Secretary. 

‘‘(B) The Secretary of Defense shall prescribe in regulations— 

‘‘(i) the individuals who shall be treated as the primary 

caregivers of a member of the uniformed services for purposes 

of this paragraph; and 

‘‘(ii) the definition of serious injury or illness for the purposes of this paragraph.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2008. 

SEC. 1634. REPORTS. 

(a) REPORTS ON IMPLEMENTATION OF CERTAIN REQUIREMENTS.— Not later than 90 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to the congressional 

defense committees a report describing the progress in implementing the requirements as follows: 

(1) The requirements of section 721 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (Public 

Law 109–364; 120 Stat. 2294), relating to a longitudinal study 

on traumatic brain injury incurred by members of the Armed 

Forces in Operation Iraqi Freedom and Operation Enduring 

Freedom. 

(2) The requirements of section 741 of the John Warner 

National Defense Authorization Act for Fiscal Year 2007 (120 

Stat. 2304), relating to pilot projects on early diagnosis and 

treatment of post-traumatic stress disorder and other mental 

health conditions. 

(b) ANNUAL REPORTS ON EXPENDITURES FOR ACTIVITIES ON

TBI AND PTSD.— 

(1) REPORTS REQUIRED.—Not later than March 1, 2008, 

and each year thereafter through 2013, the Secretary of Defense 

shall submit to the congressional defense committees a report 

setting forth the amounts expended by the Department of 

Defense during the preceding calendar year on activities 

described in paragraph (2), including the amount allocated 

during such calendar year to the Defense and Veterans Brain 

Injury Center of the Department. 

10 USC 1074 

note. 

Regulations. 

Applicability. 

10 USC 1074i 

note. 


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(2) COVERED ACTIVITIES.—The activities described in this 

paragraph are activities as follows: 

(A) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces 

with traumatic brain injury (TBI). 

(B) Activities relating to the improved diagnosis, treatment, and rehabilitation of members of the Armed Forces 

with post-traumatic stress disorder (PTSD). 

(3) ELEMENTS.—Each report under paragraph (1) shall 

include— 

(A) a description of the amounts expended as described 

in that paragraph, including a description of the activities 

for which expended; 

(B) a description and assessment of the outcome of 

such activities; 

(C) a statement of priorities of the Department in 

activities relating to the prevention, diagnosis, research, 

treatment, and rehabilitation of traumatic brain injury in 

members of the Armed Forces during the year in which 

such report is submitted and in future calendar years; 

(D) a statement of priorities of the Department in 

activities relating to the prevention, diagnosis, research, 

treatment, and rehabilitation of post-traumatic stress disorder and other mental health conditions in members of 

the Armed Forces during the year in which such report 

is submitted and in future calendar years; and 

(E) an assessment of the progress made toward 

achieving the priorities stated in subparagraphs (C) and 

(D) in the report under paragraph (1) in the previous 

year, and a description of any actions planned during the 

year in which such report is submitted to achieve any 

unfulfilled priorities during such year. 

SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH 

INFORMATION FOR THE DEPARTMENT OF DEFENSE AND 

DEPARTMENT OF VETERANS AFFAIRS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly— 

(1) develop and implement electronic health record systems 

or capabilities that allow for full interoperability of personal 

health care information between the Department of Defense 

and the Department of Veterans Affairs; and 

(2) accelerate the exchange of health care information 

between the Department of Defense and the Department of 

Veterans Affairs in order to support the delivery of health 

care by both Departments. 

(b) DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS

AFFAIRS INTERAGENCY PROGRAM OFFICE.— 

(1) IN GENERAL.—There is hereby established an interagency program office of the Department of Defense and the 

Department of Veterans Affairs (in this section referred to 

as the ‘‘Office’’) for the purposes described in paragraph (2). 

(2) PURPOSES.—The purposes of the Office shall be as follows: 

(A) To act as a single point of accountability for the 

Department of Defense and the Department of Veterans 

Affairs in the rapid development and implementation of 

Establishment. 

Records. 

10 USC 1071 

note. 


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electronic health record systems or capabilities that allow 

for full interoperability of personal health care information 

between the Department of Defense and the Department 

of Veterans Affairs. 

(B) To accelerate the exchange of health care information between the Department of Defense and the Department of Veterans Affairs in order to support the delivery 

of health care by both Departments. 

(c) LEADERSHIP.— 

(1) DIRECTOR.—The Director of the Office shall be the head 

of the Office. 

(2) DEPUTY DIRECTOR.—The Deputy Director of the Office 

shall be the deputy head of the Office and shall assist the 

Director in carrying out the duties of the Director. 

(3) APPOINTMENTS.—(A) The Director shall be appointed 

by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, from among persons who are qualified to direct the development, acquisition, and integration 

of major information technology capabilities. 

(B) The Deputy Director shall be appointed by the Secretary 

of Veterans Affairs, with the concurrence of the Secretary of 

Defense, from among employees of the Department of Defense 

and the Department of Veterans Affairs in the Senior Executive 

Service who are qualified to direct the development, acquisition, 

and integration of major information technology capabilities. 

(4) ADDITIONAL GUIDANCE.—In addition to the direction, 

supervision, and control provided by the Secretary of Defense 

and the Secretary of Veterans Affairs, the Office shall also 

receive guidance from the Department of Veterans AffairsDepartment of Defense Joint Executive Committee under section 320 of title 38, United States Code, in the discharge of 

the functions of the Office under this section. 

(5) TESTIMONY.—Upon request by any of the appropriate 

committees of Congress, the Director and the Deputy Director 

shall testify before such committee regarding the discharge 

of the functions of the Office under this section. 

(d) FUNCTION.—The function of the Office shall be to implement, 

by not later than September 30, 2009, electronic health record 

systems or capabilities that allow for full interoperability of personal 

health care information between the Department of Defense and 

the Department of Veterans Affairs, which health records shall 

comply with applicable interoperability standards, implementation 

specifications, and certification criteria (including for the reporting 

of quality measures) of the Federal Government. 

(e) SCHEDULES AND BENCHMARKS.—Not later than 30 days 

after the date of the enactment of this Act, the Secretary of Defense 

and the Secretary of Veterans Affairs shall jointly establish a 

schedule and benchmarks for the discharge by the Office of its 

function under this section, including each of the following: 

(1) A schedule for the establishment of the Office. 

(2) A schedule and deadline for the establishment of the 

requirements for electronic health record systems or capabilities 

described in subsection (d), including coordination with the 

Office of the National Coordinator for Health Information Technology in the development of a nationwide interoperable health 

information technology infrastructure. 

Deadline. 

Records. 

Deadline. 


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(3) A schedule and associated deadlines for any acquisition 

and testing required in the implementation of electronic health 

record systems or capabilities that allow for full interoperability 

of personal health care information between the Department 

of Defense and the Department of Veterans Affairs. 

(4) A schedule and associated deadlines and requirements 

for the implementation of electronic health record systems or 

capabilities that allow for full interoperability of personal health 

care information between the Department of Defense and the 

Department of Veterans Affairs. 

(f) PILOT PROJECTS.— 

(1) AUTHORITY.—In order to assist the Office in the discharge of its function under this section, the Secretary of 

Defense and the Secretary of Veterans Affairs may, acting 

jointly, carry out one or more pilot projects to assess the feasibility and advisability of various technological approaches to 

the achievement of the electronic health record systems or 

capabilities described in subsection (d). 

(2) SHARING OF PROTECTED HEALTH INFORMATION.—For 

purposes of each pilot project carried out under this subsection, 

the Secretary of Defense and the Secretary of Veterans Affairs 

shall, for purposes of the regulations promulgated under section 

264(c) of the Health Insurance Portability and Accountability 

Act of 1996 (42 U.S.C. 1320d–2 note), ensure the effective 

sharing of protected health information between the health 

care system of the Department of Defense and the health 

care system of the Department of Veterans Affairs as needed 

to provide all health care services and other benefits allowed 

by law. 

(g) STAFF AND OTHER RESOURCES.— 

(1) IN GENERAL.—The Secretary of Defense and the Secretary of Veterans Affairs shall assign to the Office such personnel and other resources of the Department of Defense and 

the Department of Veterans Affairs as are required for the 

discharge of its function under this section. 

(2) ADDITIONAL SERVICES.—Subject to the approval of the 

Secretary of Defense and the Secretary of Veterans Affairs, 

the Director may utilize the services of private individuals 

and entities as consultants to the Office in the discharge of 

its function under this section. Amounts available to the Office 

shall be available for payment for such services. 

(h) ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than January 1, 2009, and 

each year thereafter through 2014, the Director shall submit 

to the Secretary of Defense and the Secretary of Veterans 

Affairs, and to the appropriate committees of Congress, a report 

on the activities of the Office during the preceding calendar 

year. Each report shall include, for the year covered by such 

report, the following: 

(A) A detailed description of the activities of the Office, 

including a detailed description of the amounts expended 

and the purposes for which expended. 

(B) An assessment of the progress made by the Department of Defense and the Department of Veterans Affairs 

in the full implementation of electronic health record systems or capabilities described in subsection (d). 


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(2) AVAILABILITY TO PUBLIC.—The Secretary of Defense and 

the Secretary of Veterans Affairs shall make available to the 

public each report submitted under paragraph (1), including 

by posting such report on the Internet website of the Department of Defense and the Department of Veterans Affairs, 

respectively, that is available to the public. 

(i) COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION.— 

Not later than six months after the date of the enactment of 

this Act and every six months thereafter until the completion of 

the implementation of electronic health record systems or capabilities described in subsection (d), the Comptroller General of the 

United States shall submit to the appropriate committees of Congress a report setting forth the assessment of the Comptroller 

General of the progress of the Department of Defense and the 

Department of Veterans Affairs in implementing electronic health 

record systems or capabilities described in subsection (d). 

SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT OF DEFENSE FOR HEALTH CARE PROFESSIONALS 

FOR CARE AND TREATMENT OF WOUNDED AND INJURED 

MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Section 1599c of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 1599c. Health care professionals: enhanced appointment 

and compensation authority for personnel for 

care and treatment of wounded and injured members of the armed forces 

‘‘(a) IN GENERAL.—The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment 

and pay of health care personnel under chapter 74 of title 38 

for purposes of the recruitment, employment, and retention of 

civilian health care professionals for the Department of Defense 

if the Secretary determines that the exercise of such authority 

is necessary in order to provide or enhance the capacity of the 

Department to provide care and treatment for members of the 

armed forces who are wounded or injured on active duty in the 

armed forces and to support the ongoing patient care and medical 

readiness, education, and training requirements of the Department 

of Defense. 

‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secretaries of the 

military departments shall each develop and implement a strategy 

to disseminate among appropriate personnel of the military departments authorities and best practices for the recruitment of medical 

and health professionals, including the authorities under subsection 

(a). 

‘‘(2) Each strategy under paragraph (1) shall— 

‘‘(A) assess current recruitment policies, procedures, and 

practices of the military department concerned to assure that 

such strategy facilitates the implementation of efficiencies 

which reduce the time required to fill vacant positions for 

medical and health professionals; and 

‘‘(B) clearly identify processes and actions that will be 

used to inform and educate military and civilian personnel 

responsible for the recruitment of medical and health professionals. 

Deadlines. 

Reports. 


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‘‘(c) TERMINATION OF AUTHORITY.—The authority of the Secretary of Defense to exercise authorities available under chapter 

74 of title 38 for purposes of the recruitment, employment, and 

retention of civilian health care professionals for the Department 

of Defense expires September 30, 2010.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title is amended by striking the item 

relating to section 1599c and inserting the following new item: 

‘‘1599c. Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.’’. 

(c) REPORTS ON STRATEGIES ON RECRUITMENT OF MEDICAL AND

HEALTH PROFESSIONALS.—Not later than six months after the date 

of the enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a report 

setting forth the strategy developed by such Secretary under section 

1599c(b) of title 10, United States Code, as added by subsection 

(a). 

SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR 

MEMBERS OF THE ARMED FORCES PENDING RESOLUTION OF SERVICE-RELATED MEDICAL CONDITIONS. 

Section 1145(a) of title 10, United States Code, is amended— 

(1) in paragraph (3), by striking ‘‘Transitional health care’’ 

and inserting ‘‘Except as provided in paragraph (6), transitional 

health care’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6)(A) A member who has a medical condition relating to 

service on active duty that warrants further medical care that 

has been identified during the member’s 180-day transition period, 

which condition can be resolved within 180 days as determined 

by a Department of Defense physician, shall be entitled to receive 

medical and dental care for that medical condition, and that medical 

condition only, as if the member were a member of the armed 

forces on active duty for 180 days following the diagnosis of the 

condition. 

‘‘(B) The Secretary concerned shall ensure that the Defense 

Enrollment and Eligibility Reporting System (DEERS) is continually updated in order to reflect the continuing entitlement of 

members covered by subparagraph (A) to the medical and dental 

care referred to in that subparagraph.’’. 

Subtitle D—Disability Matters 

SEC. 1641. UTILIZATION OF VETERANS’ PRESUMPTION OF SOUND 

CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS 

OF THE ARMED FORCES FOR RETIREMENT FOR DISABILITY. 

(a) RETIREMENT OF REGULARS AND MEMBERS ON ACTIVE DUTY

FOR MORE THAN 30 DAYS.—Clause (i) of section 1201(b)(3)(B) of 

title 10, United States Code, is amended to read as follows: 

‘‘(i) the member has six months or more of active 

military service and the disability was not noted at 

the time of the member’s entrance on active duty 

(unless compelling evidence or medical judgment is 


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such to warrant a finding that the disability existed 

before the member’s entrance on active duty);’’. 

(b) SEPARATION OF REGULARS AND MEMBERS ON ACTIVE DUTY

FOR MORE THAN 30 DAYS.—Section 1203(b)(4)(B) of such title is 

amended by striking ‘‘and the member has at least eight years 

of service computed under section 1208 of this title’’ and inserting 

‘‘, the member has six months or more of active military service, 

and the disability was not noted at the time of the member’s 

entrance on active duty (unless evidence or medical judgment is 

such to warrant a finding that the disability existed before the 

member’s entrance on active duty)’’. 

SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF 

DEFENSE DETERMINATIONS OF DISABILITY WITH 

RESPECT TO MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Chapter 61 of title 10, United States Code, 

is amended by inserting after section 1216 the following new section: 

‘‘§ 1216a. Determinations of disability: requirements and 

limitations on determinations 

‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING DISABILITIES

IN DETERMINATIONS OF DISABILITY.—(1) In making a determination 

of disability of a member of the armed forces for purposes of 

this chapter, the Secretary concerned— 

‘‘(A) shall, to the extent feasible, utilize the schedule for 

rating disabilities in use by the Department of Veterans Affairs, 

including any applicable interpretation of the schedule by the 

United States Court of Appeals for Veterans Claims; and 

‘‘(B) except as provided in paragraph (2), may not deviate 

from the schedule or any such interpretation of the schedule. 

‘‘(2) In making a determination described in paragraph (1), 

the Secretary concerned may utilize in lieu of the schedule described 

in that paragraph such criteria as the Secretary of Defense and 

the Secretary of Veterans Affairs may jointly prescribe for purposes 

of this subsection if the utilization of such criteria will result 

in a determination of a greater percentage of disability than would 

be otherwise determined through the utilization of the schedule. 

‘‘(b) CONSIDERATION OF ALL MEDICAL CONDITIONS.—In making 

a determination of the rating of disability of a member of the 

armed forces for purposes of this chapter, the Secretary concerned 

shall take into account all medical conditions, whether individually 

or collectively, that render the member unfit to perform the duties 

of the member’s office, grade, rank, or rating.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 61 of such title is amended by inserting after 

the item relating to section 1216 the following new item: 

‘‘1216a. Determinations of disability: requirements and limitations on determinations.’’. 

SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED 

FORCES SEPARATED FROM SERVICE WITH A DISABILITY 

RATING OF 20 PERCENT DISABLED OR LESS. 

(a) BOARD REQUIRED.— 

(1) IN GENERAL.—Chapter 79 of title 10, United States 

Code, is amended by inserting after section 1554 the following 

new section: 


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‘‘§ 1554a. Review of separation with disability rating of 20 

percent disabled or less 

‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall establish 

within the Office of the Secretary of Defense a board of review 

to review the disability determinations of covered individuals by 

Physical Evaluation Boards. The board shall be known as the 

‘Physical Disability Board of Review’. 

‘‘(2) The Physical Disability Board of Review shall consist of 

not less than three members appointed by the Secretary. 

‘‘(b) COVERED INDIVIDUALS.—For purposes of this section, covered individuals are members and former members of the armed 

forces who, during the period beginning on September 11, 2001, 

and ending on December 31, 2009— 

‘‘(1) are separated from the armed forces due to unfitness 

for duty due to a medical condition with a disability rating 

of 20 percent disabled or less; and 

‘‘(2) are found to be not eligible for retirement. 

‘‘(c) REVIEW.—(1) Upon the request of a covered individual, 

or a surviving spouse, next of kin, or legal representative of a 

covered individual, the Physical Disability Board of Review shall 

review the findings and decisions of the Physical Evaluation Board 

with respect to such covered individual. Subject to paragraph (3), 

upon its own motion, the Physical Disability Board of Review may 

review the findings and decisions of the Physical Evaluation Board 

with respect to a covered individual. 

‘‘(2) The review by the Physical Disability Board of Review 

under paragraph (1) shall be based on the records of the armed 

force concerned and such other evidence as may be presented to 

the Physical Disability Board of Review. A witness may present 

evidence to the Board by affidavit or by any other means considered 

acceptable by the Secretary of Defense. 

‘‘(3) If the Physical Disability Board of Review proposes to 

review, upon its own motion, the findings and decisions of the 

Physical Evaluation Board with respect to a covered individual, 

the Physical Disability Board of Review shall notify the covered 

individual, or a surviving spouse, next of kin, or legal representative 

of the covered individual, of the proposed review and obtain the 

consent of the covered individual or a surviving spouse, next of 

kin, or legal representative of the covered individual before proceeding with the review. 

‘‘(4) With respect to any review by the Physical Disability 

Board of Review of the findings and decisions of the Physical 

Evaluation Board with respect to a covered individual, whether 

initiated at the request of the covered individual or a surviving 

spouse, next of kin, or legal representative of the covered individual 

or initiated by the Physical Disability Board of Review, the Physical 

Disability Board of Review shall notify the covered individual or 

a surviving spouse, next of kin, or legal representative of the covered 

individual that, as a result of the request or consent, the covered 

individual or a surviving spouse, next of kin, or legal representative 

of the covered individual may not seek relief from the Board for 

Correction of Military Records operated by the Secretary concerned. 

‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Physical Disability 

Board of Review may, as a result of its findings under a review 

under subsection (c), recommend to the Secretary concerned the 

following (as applicable) with respect to a covered individual: 

Notification. 

Notification. 

Establishment. 


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‘‘(1) No recharacterization of the separation of such individual or modification of the disability rating previously 

assigned such individual. 

‘‘(2) The recharacterization of the separation of such individual to retirement for disability. 

‘‘(3) The modification of the disability rating previously 

assigned such individual by the Physical Evaluation Board 

concerned, which modified disability rating may not be a reduction of the disability rating previously assigned such individual 

by that Physical Evaluation Board. 

‘‘(4) The issuance of a new disability rating for such individual. 

‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The Secretary concerned may correct the military records of a covered individual 

in accordance with a recommendation made by the Physical Disability Board of Review under subsection (d). Any such correction 

may be made effective as of the effective date of the action taken 

on the report of the Physical Evaluation Board to which such 

recommendation relates. 

‘‘(2) In the case of a member previously separated pursuant 

to the findings and decision of a Physical Evaluation Board together 

with a lump-sum or other payment of back pay and allowances 

at separation, the amount of pay or other monetary benefits to 

which such member would be entitled based on the member’s military record as corrected shall be reduced to take into account 

receipt of such lump-sum or other payment in such manner as 

the Secretary of Defense considers appropriate. 

‘‘(3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation 

Board to which such recommendation relates shall be treated as 

final as of the date of such action. 

‘‘(f) REGULATIONS.—(1) This section shall be carried out in 

accordance with regulations prescribed by the Secretary of Defense. 

‘‘(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this 

section. 

‘‘(3) The regulations under paragraph (1) shall specify the effect 

of a determination or pending determination of a Physical Evaluation Board on considerations by boards for correction of military 

records under section 1552 of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 79 of such title is amended by inserting 

after the item relating to section 1554 the following new item: 

‘‘1554a. Review of separation with disability rating of 20 percent disabled or less.’’. 

(b) IMPLEMENTATION.—The Secretary of Defense shall establish 

the board of review required by section 1554a of title 10, United 

States Code (as added by subsection (a)), and prescribe the regulations required by such section, not later than 90 days after the 

date of the enactment of this Act. 

SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE 

DISABILITY EVALUATION SYSTEM FOR MEMBERS OF THE 

ARMED FORCES. 

(a) PILOT PROGRAMS.— 

10 USC 1071 

note. 

Deadline. 

10 USC 1554a 

note. 


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(1) PROGRAMS AUTHORIZED.—For the purposes set forth 

in subsection (c), the Secretary of Defense may establish and 

conduct pilot programs with respect to the system of the Department of Defense for the evaluation of the disabilities of members 

of the Armed Forces who are being separated or retired from 

the Armed Forces for disability under chapter 61 of title 10, 

United States Code (in this section referred to as the ‘‘disability 

evaluation system’’). 

(2) TYPES OF PILOT PROGRAMS.—In carrying out this section, 

the Secretary of Defense may conduct one or more of the 

pilot programs described in paragraphs (1) through (3) of subsection (b) or such other pilot programs as the Secretary of 

Defense considers appropriate. 

(3) CONSULTATION.—In establishing and conducting any 

pilot program under this section, the Secretary of Defense shall 

consult with the Secretary of Veterans Affairs. 

(b) SCOPE OF PILOT PROGRAMS.— 

(1) DISABILITY DETERMINATIONS BY DOD UTILIZING VA

ASSIGNED DISABILITY RATING.—Under one of the pilot programs 

authorized by subsection (a), for purposes of making a determination of disability of a member of the Armed Forces under 

section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary 

disability retired list under chapter 61 of such title, upon a 

determination by the Secretary of the military department concerned that the member is unfit to perform the duties of the 

member’s office, grade, rank, or rating because of a physical 

disability as described in section 1201(a) of such title— 

(A) the Secretary of Veterans Affairs may— 

(i) conduct an evaluation of the member for physical disability; and 

(ii) assign the member a rating of disability in 

accordance with the schedule for rating disabilities 

utilized by the Secretary of Veterans Affairs based 

on all medical conditions (whether individually or 

collectively) that render the member unfit for duty; 

and 

(B) the Secretary of the military department concerned 

may make the determination of disability regarding the 

member utilizing the rating of disability assigned under 

subparagraph (A)(ii). 

(2) DISABILITY DETERMINATIONS UTILIZING JOINT DOD/VA

ASSIGNED DISABILITY RATING.—Under one of the pilot programs 

authorized by subsection (a), in making a determination of 

disability of a member of the Armed Forces under section 

1201(b) of title 10, United States Code, for the retirement, 

separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, the Secretary 

of the military department concerned may, upon determining 

that the member is unfit to perform the duties of the member’s 

office, grade, rank, or rating because of a physical disability 

as described in section 1201(a) of such title— 

(A) provide for the joint evaluation of the member 

for disability by the Secretary of the military department 

concerned and the Secretary of Veterans Affairs, including 

the assignment of a rating of disability for the member 


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in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all 

medical conditions (whether individually or collectively) 

that render the member unfit for duty; and 

(B) make the determination of disability regarding the 

member utilizing the rating of disability assigned under 

subparagraph (A). 

(3) ELECTRONIC CLEARING HOUSE.—Under one of the pilot 

programs authorized by subsection (a), the Secretary of Defense 

may establish and operate a single Internet website for the 

disability evaluation system of the Department of Defense that 

enables participating members of the Armed Forces to fully 

utilize such system through the Internet, with such Internet 

website to include the following: 

(A) The availability of any forms required for the utilization of the disability evaluation system by members of 

the Armed Forces under the system. 

(B) Secure mechanisms for the submission of such 

forms by members of the Armed Forces under the system, 

and for the tracking of the acceptance and review of any 

forms so submitted. 

(C) Secure mechanisms for advising members of the 

Armed Forces under the system of any additional information, forms, or other items that are required for the acceptance and review of any forms so submitted. 

(D) The continuous availability of assistance to members of the Armed Forces under the system (including 

assistance through the caseworkers assigned to such members of the Armed Forces) in submitting and tracking such 

forms, including assistance in obtaining information, forms, 

or other items described by subparagraph (C). 

(E) Secure mechanisms to request and receive personnel files or other personnel records of members of the 

Armed Forces under the system that are required for 

submission under the disability evaluation system, 

including the capability to track requests for such files 

or records and to determine the status of such requests 

and of responses to such requests. 

(4) OTHER PILOT PROGRAMS.—The pilot programs authorized by subsection (a) may also provide for the development, 

evaluation, and identification of such practices and procedures 

under the disability evaluation system as the Secretary considers appropriate for purposes set forth in subsection (c). 

(c) PURPOSES.—A pilot program established under subsection 

(a) may have one or more of the following purposes: 

(1) To provide for the development, evaluation, and identification of revised and improved practices and procedures under 

the disability evaluation system in order to— 

(A) reduce the processing time under the disability 

evaluation system of members of the Armed Forces who 

are likely to be retired or separated for disability, and 

who have not requested continuation on active duty, 

including, in particular, members who are severely 

wounded; 

(B) identify and implement or seek the modification 

of statutory or administrative policies and requirements 

applicable to the disability evaluation system that— 


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(i) are unnecessary or contrary to applicable best 

practices of civilian employers and civilian healthcare 

systems; or 

(ii) otherwise result in hardship, arbitrary, or 

inconsistent outcomes for members of the Armed 

Forces, or unwarranted inefficiencies and delays; 

(C) eliminate material variations in policies, interpretations, and overall performance standards among the military departments under the disability evaluation system; 

and 

(D) determine whether it enhances the capability of 

the Department of Veterans Affairs to receive and determine claims from members of the Armed Forces for compensation, pension, hospitalization, or other veterans benefits. 

(2) In conjunction with the findings and recommendations 

of applicable Presidential and Department of Defense study 

groups, to provide for the eventual development of revised 

and improved practices and procedures for the disability evaluation system in order to achieve the objectives set forth in 

paragraph (1). 

(d) UTILIZATION OF RESULTS IN UPDATES OF COMPREHENSIVE

POLICY ON CARE, MANAGEMENT, AND TRANSITION OF RECOVERING

SERVICE MEMBERS.—The Secretary of Defense and the Secretary 

of Veterans Affairs, acting jointly, may incorporate responses to 

any findings and recommendations arising under the pilot programs 

conducted under subsection (a) in updating the comprehensive 

policy on the care and management of covered service members 

under section 1611(a)(4). 

(e) CONSTRUCTION WITH OTHER AUTHORITIES.— 

(1) IN GENERAL.—Subject to paragraph (2), in carrying out 

a pilot program under subsection (a)— 

(A) the rules and regulations of the Department of 

Defense and the Department of Veterans Affairs relating 

to methods of determining fitness or unfitness for duty 

and disability ratings for members of the Armed Forces 

shall apply to the pilot program only to the extent provided 

in the report on the pilot program under subsection (g)(1); 

and 

(B) the Secretary of Defense and the Secretary of Veterans Affairs may waive any provision of title 10, 37, 

or 38, United States Code, relating to methods of determining fitness or unfitness for duty and disability ratings 

for members of the Armed Forces if the Secretaries determine in writing that the application of such provision would 

be inconsistent with the purpose of the pilot program. 

(2) LIMITATION.—Nothing in paragraph (1) shall be construed to authorize the waiver of any provision of section 1216a 

of title 10, United States Code, as added by section 1642 of 

this Act. 

(f) DURATION.—Each pilot program conducted under subsection 

(a) shall be completed not later than one year after the date of 

the commencement of such pilot program under that subsection. 

(g) REPORTS.— 

(1) INITIAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the appropriate committees of Congress a report 


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on each pilot program that has been commenced as of that 

date under subsection (a). The report shall include— 

(A) a description of the scope and objectives of the 

pilot program; 

(B) a description of the methodology to be used under 

the pilot program to ensure rapid identification under such 

pilot program of revised or improved practices under the 

disability evaluation system in order to achieve the objectives set forth in subsection (c)(1); and 

(C) a statement of any provision described in subsection 

(e)(1)(B) that will not apply to the pilot program by reason 

of a waiver under that subsection. 

(2) INTERIM REPORT.—Not later than 180 days after the 

date of the submittal of the report required by paragraph 

(1) with respect to a pilot program, the Secretary shall submit 

to the appropriate committees of Congress a report describing 

the current status of the pilot program. 

(3) FINAL REPORT.—Not later than 90 days after the completion of all of the pilot programs conducted under subsection 

(a), the Secretary shall submit to the appropriate committees 

of Congress a report setting forth a final evaluation and assessment of the pilot programs. The report shall include such 

recommendations for legislative or administrative action as the 

Secretary considers appropriate in light of such pilot programs. 

SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY EVALUATION SYSTEM. 

(a) REPORTS REQUIRED.—Not later than June 1, 2008, and 

June 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of corrective measures by the Department of Defense with respect to the 

Physical Disability Evaluation System (PDES) in response to the 

following: 

(1) The report of the Inspector General of the Army on 

that system of March 6, 2007. 

(2) The report of the Independent Review Group on 

Rehabilitation Care and Administrative Processes at Walter 

Reed Army Medical Center and National Naval Medical Center. 

(3) The report of the Department of Veterans Affairs Task 

Force on Returning Global War on Terror Heroes. 

(b) ELEMENTS OF REPORT.—Each report under subsection (a) 

shall include current information on the following: 

(1) The total number of cases, and the number of cases 

involving combat disabled service members, pending resolution 

before the Medical and Physical Disability Evaluation Boards 

of the Army, including information on the number of members 

of the Army who have been in a medical hold or holdover 

status for more than each of 100, 200, and 300 days. 

(2) The status of the implementation of modifications to 

disability evaluation processes of the Department of Defense 

in response to the following: 

(A) The report of the Inspector General on such processes dated March 6, 2007. 

(B) The report of the Independent Review Group on 

Rehabilitation Care and Administrative Processes at 


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Walter Reed Army Medical Center and National Naval 

Medical Center. 

(C) The report of the Department of Veterans Affairs 

Task Force on Returning Global War on Terror Heroes. 

(c) POSTING ON INTERNET.—Not later than 24 hours after 

submitting a report under subsection (a), the Secretary shall post 

such report on the Internet website of the Department of Defense 

that is available to the public. 

SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Section 1212 of title 10, United States Code, 

is amended— 

(1) in subsection (a)(1), by striking ‘‘his years of service, 

but not more than 12, computed under section 1208 of this 

title’’ in the matter preceding subparagraph (A) and inserting 

‘‘the member’s years of service computed under section 1208 

of this title (subject to the minimum and maximum years 

of service provided for in subsection (c))’’; 

(2) by redesignating subsection (c) as subsection (d); and 

(3) by inserting after subsection (b) the following new subsection (c): 

‘‘(c)(1) The minimum years of service of a member for purposes 

of subsection (a)(1) shall be as follows: 

‘‘(A) Six years in the case of a member separated from 

the armed forces for a disability incurred in line of duty in 

a combat zone (as designated by the Secretary of Defense 

for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by 

the Secretary of Defense. 

‘‘(B) Three years in the case of any other member. 

‘‘(2) The maximum years of service of a member for purposes 

of subsection (a)(1) shall be 19 years.’’. 

(b) NO DEDUCTION FROM COMPENSATION OF SEVERANCE PAY

FOR DISABILITIES INCURRED IN COMBAT ZONES.—Subsection (d) of 

such section, as redesignated by subsection (a)(2) of this section, 

is further amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(2) by striking the second sentence; and 

(3) by adding at the end the following new paragraphs: 

‘‘(2) No deduction may be made under paragraph (1) in the 

case of disability severance pay received by a member for a disability 

incurred in line of duty in a combat zone or incurred during performance of duty in combat-related operations as designated by the 

Secretary of Defense. 

‘‘(3) No deduction may be made under paragraph (1) from 

any death compensation to which a member’s dependents become 

entitled after the member’s death.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to members of the Armed Forces separated 

from the Armed Forces under chapter 61 of title 10, United States 

Code, on or after that date. 

10 USC 1212 

note. 

Deadline. 

Report. 

Public 

information. 


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SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE 

OF TEMPORARY DISABILITY RETIRED LIST. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report containing— 

(1) a statistical history since January 1, 2000, of the numbers of members of the Armed Forces who are returned to 

duty or separated following a tenure on the temporary disability 

retired list and, in the case of members who were separated, 

how many of the members were granted disability separation 

or retirement and what were their disability ratings; 

(2) the results of the assessments required by subsection 

(b); and 

(3) such recommendations for the modification or improvement of the temporary disability retired list as the Secretary 

considers appropriate in response to the assessments. 

(b) REQUIRED ASSESSMENTS.—The assessments required to be 

conducted as part of the report under subsection (a) are the following: 

(1) An assessment of the continuing utility of the temporary 

disability retired list in satisfying the purposes for which the 

temporary disability retired list was established. 

(2) An assessment of the need to require that the condition 

of a member be permanent and stable before the member 

is separated with less than a 30 percent disability rating prior 

to exceeding the maximum tenure allowed on the temporary 

disability retired list. 

(3) An assessment of the future role of the temporary 

disability retired list in the Disability Evaluation System of 

the Department of Defense and the changes in policy and 

law required to fulfill the future role of the temporary disability 

retire list. 

SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILITIES, SPECIALTY MEDICAL CARE FACILITIES, AND MILITARY QUARTERS HOUSING PATIENTS AND ANNUAL 

REPORT ON SUCH FACILITIES. 

(a) ESTABLISHMENT OF STANDARDS.—The Secretary of Defense 

shall establish for the military facilities of the Department of 

Defense and the military departments referred to in subsection 

(b) standards with respect to the matters set forth in subsection 

(c). To the maximum extent practicable, the standards shall— 

(1) be uniform and consistent for all such facilities; and 

(2) be uniform and consistent throughout the Department 

of Defense and the military departments. 

(b) COVERED MILITARY FACILITIES.—The military facilities covered by this section are the following: 

(1) Military medical treatment facilities. 

(2) Specialty medical care facilities. 

(3) Military quarters or leased housing for patients. 

(c) SCOPE OF STANDARDS.—The standards required by subsection (a) shall include the following: 

(1) Generally accepted standards for the accreditation of 

medical facilities, or for facilities used to quarter individuals 

that may require medical supervision, as applicable, in the 

United States. 

10 USC 1071 

note. 


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(2) To the extent not inconsistent with the standards 

described in paragraph (1), minimally acceptable conditions 

for the following: 

(A) Appearance and maintenance of facilities generally, 

including the structure and roofs of facilities. 

(B) Size, appearance, and maintenance of rooms 

housing or utilized by patients, including furniture and 

amenities in such rooms. 

(C) Operation and maintenance of primary and backup facility utility systems and other systems required for 

patient care, including electrical systems, plumbing systems, heating, ventilation, and air conditioning systems, 

communications systems, fire protection systems, energy 

management systems, and other systems required for 

patient care. 

(D) Compliance of facilities, rooms, and grounds, to 

the maximum extent practicable, with the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

(E) Such other matters relating to the appearance, 

size, operation, and maintenance of facilities and rooms 

as the Secretary considers appropriate. 

(d) COMPLIANCE WITH STANDARDS.— 

(1) DEADLINE.—In establishing standards under subsection 

(a), the Secretary shall specify a deadline for compliance with 

such standards by each facility referred to in subsection (b). 

The deadline shall be at the earliest date practicable after 

the date of the enactment of this Act, and shall, to the maximum extent practicable, be uniform across the facilities 

referred to in subsection (b). 

(2) INVESTMENT.—In carrying out this section, the Secretary shall also establish guidelines for investment to be utilized by the Department of Defense and the military departments in determining the allocation of financial resources to 

facilities referred to in subsection (b) in order to meet the 

deadline specified under paragraph (1). 

(e) REPORT ON DEVELOPMENT AND IMPLEMENTATION OF STANDARDS.— 

(1) IN GENERAL.—Not later than March 1, 2008, the Secretary shall submit to the congressional defense committees 

a report on the actions taken to carry out subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) The standards established under subsection (a). 

(B) An assessment of the appearance, condition, and 

maintenance of each facility referred to in subsection (b), 

including— 

(i) an assessment of the compliance of the facility 

with the standards established under subsection (a); 

and 

(ii) a description of any deficiency or noncompliance in each facility with the standards. 

(C) A description of the investment to be allocated 

to address each deficiency or noncompliance identified 

under subparagraph (B)(ii). 

(f) ANNUAL REPORT.—Not later than the date on which the 

President submits the budget for a fiscal year to Congress pursuant 

to section 1105 of title 31, United States Code, the Secretary shall 

Guidelines. 


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submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the adequacy, suitability, 

and quality of each facility referred to in subsection (b). The Secretary shall include in each report information regarding— 

(1) any deficiencies in the adequacy, quality, or state of 

repair of medical-related support facilities raised as a result 

of information received during the period covered by the report 

through the toll-free hot line required by section 1616; and 

(2) the investigations conducted and plans of action prepared under such section to respond to such deficiencies. 

SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE 

TO DEFICIENCIES IDENTIFIED AT WALTER REED ARMY 

MEDICAL CENTER, DISTRICT OF COLUMBIA. 

Not later than 30 days after the date of the enactment of 

this Act, and every 180 days thereafter until March 1, 2009, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the implementation of the Army Medical 

Action Plan to correct deficiencies identified in the condition of 

facilities and patient administration. 

SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLOSURE OF WALTER REED ARMY MEDICAL CENTER, DISTRICT OF COLUMBIA. 

(a) CERTIFICATIONS.—In implementing the decision to close 

Walter Reed Army Medical Center, District of Columbia, required 

as a result of the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; U.S.C. 2687 

note), the Secretary of Defense shall submit to the congressional 

defense committees a certification of each of the following: 

(1) That a transition plan has been developed, and 

resources have been committed, to ensure that patient care 

services, medical operations, and facilities are sustained at 

the highest possible level at Walter Reed Army Medical Center 

until facilities to replace Walter Reed Army Medical Center 

are staffed and ready to assume at least the same level of 

care previously provided at Walter Reed Army Medical Center. 

(2) That the closure of Walter Reed Army Medical Center 

will not result in a net loss of capacity in the major medical 

centers in the National Capitol Region in terms of total bed 

capacity or staffed bed capacity. 

(3) That the capacity of medical hold and out-patient 

lodging facilities operating at Walter Reed Army Medical Center 

as of the date of the certification will be available in sufficient 

quantities at the facilities designated to replace Walter Reed 

Army Medical Center by the date of the closure of Walter 

Reed Army Medical Center. 

(b) TIME FOR SUBMITTAL.—The Secretary shall submit the certifications required by subsection (a) not later than 90 days after 

the date of the enactment of this Act. If the Secretary is unable 

to make one or more of the certifications by the end of the 90- 

day period, the Secretary shall notify the congressional defense 

committees of the delay and the reasons for the delay. 

Notification. 


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SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON 

COMPENSATION AND BENEFITS AVAILABLE FOR 

SERIOUS INJURIES AND ILLNESSES. 

(a) INFORMATION ON AVAILABLE COMPENSATION AND BENE- FITS.—Not later than October 1, 2008, the Secretary of Defense 

shall develop and maintain, in handbook and electronic form, a 

comprehensive description of the compensation and other benefits 

to which a member of the Armed Forces, and the family of such 

member, would be entitled upon the separation or retirement of 

the member from the Armed Forces as a result of a serious injury 

or illness. The handbook shall set forth the range of such compensation and benefits based on grade, length of service, degree of disability at separation or retirement, and such other factors affecting 

such compensation and benefits as the Secretary considers appropriate. 

(b) CONSULTATION.—The Secretary of Defense shall develop 

and maintain the comprehensive description required by subsection 

(a), including the handbook and electronic form of the description, 

in consultation with the Secretary of Veterans Affairs, the Secretary 

of Health and Human Services, and the Commissioner of Social 

Security. 

(c) UPDATE.—The Secretary of Defense shall update the comprehensive description required by subsection (a), including the 

handbook and electronic form of the description, on a periodic 

basis, but not less often than annually. 

(d) PROVISION TO MEMBERS.—The Secretary of the military 

department concerned shall provide the descriptive handbook under 

subsection (a) to each member of the Armed Forces described in 

that subsection as soon as practicable following the injury or illness 

qualifying the member for coverage under such subsection. 

(e) PROVISION TO REPRESENTATIVES.—If a member is incapacitated or otherwise unable to receive the descriptive handbook to 

be provided under subsection (a), the handbook shall be provided 

to the next of kin or a legal representative of the member, as 

determined in accordance with regulations prescribed by the Secretary of the military department concerned for purposes of this 

section. 

Subtitle E—Studies and Reports 

SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER 

READJUSTMENT NEEDS OF MEMBERS AND FORMER 

MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN 

OPERATION IRAQI FREEDOM AND OPERATION 

ENDURING FREEDOM AND THEIR FAMILIES. 

(a) STUDY REQUIRED.—The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, enter into an 

agreement with the National Academy of Sciences for a study 

on the physical and mental health and other readjustment needs 

of members and former members of the Armed Forces who deployed 

in Operation Iraqi Freedom or Operation Enduring Freedom and 

their families as a result of such deployment. 

(b) PHASES.—The study required under subsection (a) shall 

consist of two phases: 

(1) A preliminary phase, to be completed not later than 

one year after the date of the enactment of this Act— 

Contracts. 

Deadline. 

10 USC 1071 

note. 


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(A) to identify preliminary findings on the physical 

and mental health and other readjustment needs described 

in subsection (a) and on gaps in care for the members, 

former members, and families described in that subsection; 

and 

(B) to determine the parameters of the second phase 

of the study under paragraph (2). 

(2) A second phase, to be completed not later than three 

years after the date of the enactment of this Act, to carry 

out a comprehensive assessment, in accordance with the parameters identified under the preliminary report required by paragraph (1), of the physical and mental health and other readjustment needs of members and former members of the Armed 

Forces who deployed in Operation Iraqi Freedom or Operation 

Enduring Freedom and their families as a result of such deployment, including, at a minimum— 

(A) an assessment of the psychological, social, and 

economic impacts of such deployment on such members 

and former members and their families; 

(B) an assessment of the particular impacts of multiple 

deployments in Operation Iraqi Freedom or Operation 

Enduring Freedom on such members and former members 

and their families; 

(C) an assessment of the full scope of the neurological, 

psychiatric, and psychological effects of traumatic brain 

injury on members and former members of the Armed 

Forces, including the effects of such effects on the family 

members of such members and former members, and an 

assessment of the efficacy of current treatment approaches 

for traumatic brain injury in the United States and the 

efficacy of screenings and treatment approaches for traumatic brain injury within the Department of Defense and 

the Department of Veterans Affairs; 

(D) an assessment of the effects of undiagnosed injuries 

such as post-traumatic stress disorder and traumatic brain 

injury, an estimate of the long-term costs associated with 

such injuries, and an assessment of the efficacy of 

screenings and treatment approaches for post-traumatic 

stress disorder and other mental health conditions within 

the Department of Defense and Department of Veterans 

Affairs; 

(E) an assessment of the gender- and ethnic groupspecific needs and concerns of members of the Armed 

Forces and veterans; 

(F) an assessment of the particular needs and concerns 

of children of members of the Armed Forces, taking into 

account differing age groups, impacts on development and 

education, and the mental and emotional well being of 

children; 

(G) an assessment of the particular educational and 

vocational needs of such members and former members 

and their families, and an assessment of the efficacy of 

existing educational and vocational programs to address 

such needs; 

(H) an assessment of the impacts on communities with 

high populations of military families, including military 


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housing communities and townships with deployed members of the National Guard and Reserve, of deployments 

associated with Operation Iraqi Freedom and Operation 

Enduring Freedom, and an assessment of the efficacy of 

programs that address community outreach and education 

concerning military deployments of community residents; 

(I) an assessment of the impacts of increasing numbers 

of older and married members of the Armed Forces on 

readjustment requirements; 

(J) the development, based on such assessments, of 

recommendations for programs, treatments, or policy remedies targeted at preventing, minimizing, or addressing 

the impacts, gaps, and needs identified; and 

(K) the development, based on such assessments, of 

recommendations for additional research on such needs. 

(c) POPULATIONS TO BE STUDIED.—The study required under 

subsection (a) shall consider the readjustment needs of each population of individuals as follows: 

(1) Members of the regular components of the Armed Forces 

who are returning, or have returned, to the United States 

from deployment in Operation Iraqi Freedom or Operation 

Enduring Freedom. 

(2) Members of the National Guard and Reserve who are 

returning, or have returned, to the United States from deployment in Operation Iraqi Freedom or Operation Enduring 

Freedom. 

(3) Veterans of Operation Iraqi Freedom or Operation 

Enduring Freedom. 

(4) Family members of the members and veterans described 

in paragraphs (1) through (3). 

(d) ACCESS TO INFORMATION.—The National Academy of 

Sciences shall have access to such personnel, information, records, 

and systems of the Department of Defense and the Department 

of Veterans Affairs as the National Academy of Sciences requires 

in order to carry out the study required under subsection (a). 

(e) PRIVACY OF INFORMATION.—The National Academy of 

Sciences shall maintain any personally identifiable information 

accessed by the Academy in carrying out the study required under 

subsection (a) in accordance with all applicable laws, protections, 

and best practices regarding the privacy of such information, and 

may not permit access to such information by any persons or 

entities not engaged in work under the study. 

(f) REPORTS BY NATIONAL ACADEMY OF SCIENCES.—Upon the 

completion of each phase of the study required under subsection 

(a), the National Academy of Sciences shall submit to the Secretary 

of Defense, the Secretary of Veterans Affairs, and the congressional 

defense committees a report on such phase of the study. 

(g) DOD AND VA RESPONSE TO NAS REPORTS.—Not later than 

90 days after the receipt of a report under subsection (f) on each 

phase of the study required under subsection (a), the Secretary 

of Defense and the Secretary of Veterans Affairs shall develop 

a final joint Department of Defense-Department of Veterans Affairs 

response to the findings and recommendations of the National 

Academy of Sciences contained in such report. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 479 

SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE 

OUTPATIENT RESIDENTIAL FACILITIES. 

(a) REQUIRED INSPECTIONS OF FACILITIES.—All quarters of the 

United States and housing facilities under the jurisdiction of the 

Armed Forces that are occupied by recovering service members 

shall be inspected on a semiannual basis for the first two years 

after the enactment of this Act and annually thereafter by the 

inspectors general of the regional medical commands. 

(b) INSPECTOR GENERAL REPORTS.—The inspector general for 

each regional medical command shall— 

(1) submit a report on each inspection of a facility conducted 

under subsection (a) to the post commander at such facility, 

the commanding officer of the hospital affiliated with such 

facility, the surgeon general of the military department that 

operates such hospital, the Secretary of the military department 

concerned, the Assistant Secretary of Defense for Health 

Affairs, and the congressional defense committees; and 

(2) post each such report on the Internet website of such 

regional medical command. 

SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES 

OF RECOVERING SERVICE MEMBERS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study of the provision of support services for families of recovering 

service members. 

(b) MATTERS COVERED.—The study under subsection (a) shall 

include the following: 

(1) A determination of the types of support services, 

including job placement services, that are currently provided 

by the Department of Defense to eligible family members, and 

the cost of providing such services. 

(2) A determination of additional types of support services 

that would be feasible for the Department to provide to such 

family members, and the costs of providing such services, 

including the following types of services: 

(A) The provision of medical care at military medical 

treatment facilities. 

(B) The provision of additional employment services, 

and the need for employment protection, of such family 

members who are placed on leave from employment or 

otherwise displaced from employment while caring for a 

recovering service member for more than 45 days during 

a one-year period. 

(C) The provision of meals without charge at military 

medical treatment facilities. 

(3) A survey of military medical treatment facilities to 

estimate the number of family members to whom the support 

services would be provided. 

(4) A determination of any discrimination in employment 

that such family members experience, including denial of retention in employment, promotion, or any benefit of employment 

by an employer on the basis of the person’s absence from 

employment, and a determination, in consultation with the 

Secretary of Labor, of the options available for such family 

members. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Website. 

10 USC 1071 

note. 


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the Committees on Armed Services of the Senate and the House 

of Representatives a report on the results of the study, with such 

findings and recommendations as the Secretary considers appropriate. 

SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense and the Secretary of Veterans 

Affairs jointly shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report describing 

the changes undertaken within the Department of Defense and 

the Department of Veterans Affairs to ensure that traumatic brain 

injury victims receive a medical designation concomitant with their 

injury rather than a medical designation that assigns a generic 

classification (such as ‘‘organic psychiatric disorder’’). 

SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NONCOMMISSIONED OFFICER PROGRAM. 

(a) EVALUATION REQUIRED.—The Secretary of Defense shall 

conduct an evaluation of the Polytrauma Liaison Officer/NonCommissioned Officer program, which is the program operated by 

each of the military departments and the Department of Veterans 

Affairs for the purpose of— 

(1) assisting in the seamless transition of members of the 

Armed Forces from the Department of Defense health care 

system to the Department of Veterans Affairs system; and 

(2) expediting the flow of information and communication 

between military treatment facilities and the Veterans Affairs 

Polytrauma Centers. 

(b) MATTERS COVERED.—The evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer program shall include an 

evaluation of the following: 

(1) The program’s effectiveness in the following areas: 

(A) Handling of military patient transfers. 

(B) Ability to access military records in a timely 

manner. 

(C) Collaboration with Polytrauma Center treatment 

teams. 

(D) Collaboration with veteran service organizations. 

(E) Functioning as the Polytrauma Center’s subjectmatter 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/NonCommissioned Officer program given current and expected case 

loads. 

(3) Expansion of the program to incorporate Navy and 

Marine Corps officers and senior enlisted personnel. 


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(c) REPORTING REQUIREMENT.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to Congress a report containing— 

(1) the results of the evaluation; and 

(2) recommendations for any improvements in the program. 

Subtitle F—Other Matters 

SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MEDICAL CARE. 

Neither the Secretary of Defense nor the Secretaries of the 

military departments may transfer funds or personnel from medical 

care functions to administrative functions within the Department 

of Defense in order to comply with the new administrative requirements imposed by this title or the amendments made by this 

title. 

SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED 

FORCES RECOVERING FROM SERIOUS INJURIES OR ILLNESSES. 

(a) MEDICAL CARE AT MILITARY MEDICAL FACILITIES.— 

(1) MEDICAL CARE.—A family member of a recovering 

service member who is not otherwise eligible for medical care 

at a military medical treatment facility may be eligible for 

such care at such facilities, on a space-available basis, if the 

family member is— 

(A) on invitational orders while caring for the service 

member; 

(B) a non-medical attendee caring for the service 

member; or 

(C) receiving per diem payments from the Department 

of Defense while caring for the service member. 

(2) SPECIFICATION OF FAMILY MEMBERS.—The Secretary of 

Defense may prescribe in regulations the family members of 

recovering service members who shall be considered to be a 

family member of a service member for purposes of this subsection. 

(3) SPECIFICATION OF CARE.—The Secretary of Defense shall 

prescribe in regulations the medical care that may be available 

to family members under this subsection at military medical 

treatment facilities. 

(4) RECOVERY OF COSTS.—The United States may recover 

the costs of the provision of medical care under this subsection 

as follows (as applicable): 

(A) From third-party payers, in the same manner as 

the United States may collect costs of the charges of health 

care provided to covered beneficiaries from third-party 

payers under section 1095 of title 10, United States Code. 

(B) As if such care was provided under the authority 

of section 1784 of title 38, United States Code. 

(b) MEDICAL CARE AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.— 

(1) MEDICAL CARE.—When a recovering service member 

is receiving hospital care and medical services at a medical 

facility of the Department of Veterans Affairs, the Secretary 

of Veterans Affairs may provide medical care for eligible family 

Regulations. 

10 USC 1071 

note. 

10 USC 1071 

note. 


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members under this section when that care is readily available 

at that Department facility and on a space-available basis. 

(2) REGULATIONS.—The Secretary of Veterans Affairs shall 

prescribe in regulations the medical care that may be available 

to family members under this subsection at medical facilities 

of the Department of Veterans Affairs. 

SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE ARMED FORCES DEPLOYED OVERSEAS. 

(a) PROTOCOL FOR ASSESSMENT OF COGNITIVE FUNCTIONING.— 

(1) PROTOCOL REQUIRED.—Subsection (b) of section 1074f 

of title 10, United States Code, is amended— 

(A) in paragraph (2), by adding at the end the following 

new subparagraph: 

‘‘(C) An assessment of post-traumatic stress disorder.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(3)(A) The Secretary shall establish for purposes of subparagraphs (B) and (C) of paragraph (2) a protocol for the predeployment 

assessment and documentation of the cognitive (including memory) 

functioning of a member who is deployed outside the United States 

in order to facilitate the assessment of the postdeployment cognitive 

(including memory) functioning of the member. 

‘‘(B) The protocol under subparagraph (A) shall include appropriate mechanisms to permit the differential diagnosis of traumatic 

brain injury in members returning from deployment in a combat 

zone.’’. 

(2) PILOT PROJECTS.—(A) In developing the protocol 

required by paragraph (3) of section 1074f(b) of title 10, United 

States Code (as amended by paragraph (1) of this subsection), 

for purposes of assessments for traumatic brain injury, the 

Secretary of Defense shall conduct up to three pilot projects 

to evaluate various mechanisms for use in the protocol for 

such purposes. One of the mechanisms to be so evaluated 

shall be a computer-based assessment tool which shall, at a 

minimum, include the following: 

(i) Administration of computer-based neurocognitive 

assessment. 

(ii) Pre-deployment assessments to establish a 

neurocognitive baseline for members of the Armed Forces 

for future treatment. 

(B) Not later than 60 days after the completion of the 

pilot projects conducted under this paragraph, the Secretary 

shall submit to the appropriate committees of Congress a report 

on the pilot projects. The report shall include— 

(i) a description of the pilot projects so conducted; 

(ii) an assessment of the results of each such pilot 

project; and 

(iii) a description of any mechanisms evaluated under 

each such pilot project that will be incorporated into the 

protocol. 

(C) Not later than 180 days after completion of the pilot 

projects conducted under this paragraph, the Secretary shall 

establish a means for implementing any mechanism evaluated 

under such a pilot project that is selected for incorporation 

in the protocol. 

Deadline. 

Deadline. 

Reports. 

10 USC 1074f 

note. 

Protocols. 


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(b) QUALITY ASSURANCE.—Subsection (d)(2) of section 1074f 

of title 10, United States Code, is amended by adding at the end 

the following new subparagraph: 

‘‘(F) The diagnosis and treatment of traumatic brain injury 

and post-traumatic stress disorder.’’. 

(c) STANDARDS FOR DEPLOYMENT.—Subsection (f) of such section 

is amended— 

(1) in the subsection heading, by striking ‘‘MENTAL

HEALTH’’; and 

(2) in paragraph (2)(B), by striking ‘‘or’’ and inserting ‘‘, 

traumatic brain injury, or’’. 

SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL 

CENTER, DISTRICT OF COLUMBIA. 

(a) MINIMUM FUNDING.—The amount of funds available for 

the commander of Walter Reed Army Medical Center, District of 

Columbia, for a fiscal year shall be not less than the amount 

expended by the commander of Walter Reed Army Medical Center 

in fiscal year 2006 until the first fiscal year beginning after the 

date on which the Secretary of Defense submits to the congressional 

defense committees a plan for the provision of health care for 

military beneficiaries and their dependents in the National Capital 

Region. 

(b) MATTERS COVERED.—The plan under subsection (a) shall 

at a minimum include— 

(1) the manner in which patients, staff, bed capacity, and 

functions will move from the Walter Reed Army Medical Center 

to expanded facilities; 

(2) a timeline, including milestones, for such moves; 

(3) projected budgets, including planned budget transfers, 

for military treatment facilities within the region; 

(4) the management or disposition of real property of military treatment facilities within the region; and 

(5) staffing projections for the region. 

(c) CERTIFICATION.—After submission of the plan under subsection (a) to the congressional defense committees, the Secretary 

shall certify to such committees on a quarterly basis that patients, 

staff, bed capacity, functions, or parts of functions at Walter Reed 

Army Medical Center have not been moved or disestablished until 

the expanded facilities at the National Naval Medical Center, 

Bethesda, Maryland, and DeWitt Army Community Hospital, Fort 

Belvoir, Virginia, are completed, equipped, and staffed with sufficient capacity to accept and provide, at a minimum, the same 

level of and access to care as patients received at Walter Reed 

Army Medical Center during fiscal year 2006. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘expanded facilities’’ means the other two 

military hospitals/medical centers within the National Capital 

Region, namely— 

(A) the National Naval Medical Center, Bethesda, 

Maryland (or its successor resulting from implementation 

of the recommendations of the 2005 Defense Base Closure 

and Realignment Commission); and 

(B) the DeWitt Army Community Hospital, Fort 

Belvoir, Virginia. 

Plan. 


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(2) The term ‘‘National Capital Region’’ has the meaning 

given that term in section 2674(f) of title 10, United States 

Code. 

SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VETERANS WHO ARE FEDERAL EMPLOYEES. 

(a) IN GENERAL.—Section 6333(b) of title 5, United States Code, 

is amended— 

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) The requirement under paragraph (1) relating to exhaustion of annual and sick leave shall not apply in the case of a 

leave recipient who— 

‘‘(i) sustains a combat-related disability while a member 

of the armed forces, including a reserve component of the 

armed forces; and 

‘‘(ii) is undergoing medical treatment for that disability. 

‘‘(B) Subparagraph (A) shall apply to a member described in 

such subparagraph only so long as the member continues to undergo 

medical treatment for the disability, but in no event for longer 

than 5 years from the start of such treatment. 

‘‘(C) For purposes of this paragraph— 

‘‘(i) the term ‘combat-related disability’ has the meaning 

given such term by section 1413a(e) of title 10; and 

‘‘(ii) the term ‘medical treatment’ has such meaning as 

the Office of Personnel Management shall by regulation prescribe.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act, except 

that, in the case of a leave recipient who is undergoing medical 

treatment on such date of enactment, section 6333(b)(2)(B) of title 

5, United States Code (as amended by this section) shall be applied 

as if it had been amended by inserting ‘‘or the date of the enactment 

of this subsection, whichever is later’’ after ‘‘the start of such 

treatment’’. 

SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORMANCE OF DEPARTMENT OF DEFENSE FUNCTIONS AT 

MILITARY MEDICAL FACILITIES. 

(a) MORATORIUM.—No study or competition may be begun or 

announced pursuant to section 2461 of title 10, United States 

Code, or otherwise pursuant to Office of Management and Budget 

circular A-76, relating to the possible conversion to performance 

by a contractor of any Department of Defense function carried 

out at a military medical facility until the Secretary of Defense— 

(1) submits the certification required by subsection (b) to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives 

together with a description of the steps taken by the Secretary 

in accordance with the certification; and 

(2) submits the report required by subsection (c). 

(b) CERTIFICATION.—The certification referred to in paragraph 

(a)(1) is a certification that the Secretary has taken appropriate 

steps to ensure that neither the quality of military medical care 

nor the availability of qualified personnel to carry out Department 

of Defense functions related to military medical care will be 

adversely affected by either— 

Reports. 

Certification. 

10 USC 1071 

note. 

Applicability. 

5 USC 6333 note. 


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(1) the process of considering a Department of Defense 

function carried out at a military medical facility for possible 

conversion to performance by a contractor; or 

(2) the conversion of such a function to performance by 

a contractor. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the public-private competitions being conducted for Department 

of Defense functions carried out at military medical facilities as 

of the date of the enactment of this Act by each military department 

and defense agency. Such report shall include— 

(1) for each such competition— 

(A) the cost of conducting the public-private competition; 

(B) the number of military personnel and civilian 

employees of the Department of Defense affected; 

(C) the estimated savings identified and the savings 

actually achieved; 

(D) an evaluation whether the anticipated and budgeted savings can be achieved through a public-private competition; and 

(E) the effect of converting the performance of the 

function to performance by a contractor on the quality 

of the performance of the function; and 

(2) an assessment of whether any method of business 

reform or reengineering other than a public-private competition 

could, if implemented in the future, achieve any anticipated 

or budgeted savings. 

TITLE XVII—VETERANS MATTERS 

Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain injury. 

Sec. 1702. Individual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury. 

Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation 

of rehabilitation and community reintegration plans for traumatic brain 

injury. 

Sec. 1704. Research, education, and clinical care program on traumatic brain injury. 

Sec. 1705. Pilot program on assisted living services for veterans with traumatic 

brain injury. 

Sec. 1706. Provision of age-appropriate nursing home care. 

Sec. 1707. Extension of period of eligibility for health care for veterans of combat 

service during certain periods of hostilities and war. 

Sec. 1708. Service-connection and assessments for mental health conditions in veterans. Sec. 1709. Modification of requirements for furnishing outpatient dental services to 

veterans with service-connected dental conditions or disabilities. 

Sec. 1710. Clarification of purpose of outreach services program of Department of 

Veterans Affairs. 

Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 

Servicemembers’ Group Life Insurance. 

SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS 

AFFAIRS EFFORTS IN THE REHABILITATION AND REINTEGRATION OF VETERANS WITH TRAUMATIC BRAIN 

INJURY. 

It is the sense of Congress that— 


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(1) the Department of Veterans Affairs is a leader in the 

field of traumatic brain injury care and coordination of such 

care; 

(2) the Department of Veterans Affairs should have the 

capacity and expertise to provide veterans who have a traumatic brain injury with patient-centered health care, rehabilitation, and community integration services that are comparable 

to or exceed similar care and services available to persons 

with such injuries in the academic and private sector; 

(3) rehabilitation for veterans who have a traumatic brain 

injury should be individualized, comprehensive, and interdisciplinary with the goals of optimizing the independence of 

such veterans and reintegrating them into their communities; 

(4) family support is integral to the rehabilitation and 

community reintegration of veterans who have sustained a 

traumatic brain injury, and the Department should provide 

the families of such veterans with education and support; 

(5) the Department of Defense and the Department of 

Veterans Affairs have made efforts to provide a smooth transition of medical care and rehabilitative services to individuals 

as they transition from the health care system of the Department of Defense to that of the Department of Veterans Affairs, 

but more can be done to assist veterans and their families 

in the continuum of the rehabilitation, recovery, and reintegration of wounded or injured veterans into their communities; 

(6) in planning for rehabilitation and community reintegration of veterans who have a traumatic brain injury, it is necessary for the Department of Veterans Affairs to provide a 

system for life-long case management for such veterans; and 

(7) in such system for life-long case management, it is 

necessary to conduct outreach and to tailor specialized traumatic brain injury case management and outreach to the unique 

needs of veterans with traumatic brain injury who reside in 

urban and non-urban settings. 

SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY REINTEGRATION PLANS FOR VETERANS AND OTHERS WITH 

TRAUMATIC BRAIN INJURY. 

(a) IN GENERAL.—Subchapter II of chapter 17 of title 38, United 

States Code, is amended by inserting after section 1710B the following new sections: 

‘‘§ 1710C. Traumatic brain injury: plans for rehabilitation 

and reintegration into the community 

‘‘(a) PLAN REQUIRED.—The Secretary shall, for each individual 

who is a veteran or member of the Armed Forces who receives 

inpatient or outpatient rehabilitative hospital care or medical services provided by the Department for a traumatic brain injury— 

‘‘(1) develop an individualized plan for the rehabilitation 

and reintegration of the individual into the community; and 

‘‘(2) provide such plan in writing to the individual— 

‘‘(A) in the case of an individual receiving inpatient 

care, before the individual is discharged from inpatient 

care or after the individual’s transition from serving on 

active duty as a member of the Armed Forces to receiving 

outpatient care provided by the Department; or 


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‘‘(B) as soon as practicable following a diagnosis of 

traumatic brain injury by a Department health care provider. 

‘‘(b) CONTENTS OF PLAN.—Each plan developed under subsection 

(a) shall include, for the individual covered by such plan, the following: 

‘‘(1) Rehabilitation objectives for improving the physical, 

cognitive, and vocational functioning of the individual with 

the goal of maximizing the independence and reintegration 

of such individual into the community. 

‘‘(2) Access, as warranted, to all appropriate rehabilitative 

components of the traumatic brain injury continuum of care, 

and where appropriate, to long-term care services. 

‘‘(3) A description of specific rehabilitative treatments and 

other services to achieve the objectives described in paragraph 

(1), which shall set forth the type, frequency, duration, and 

location of such treatments and services. 

‘‘(4) The name of the case manager designated in accordance with subsection (d) to be responsible for the implementation of such plan. 

‘‘(5) Dates on which the effectiveness of such plan will 

be reviewed in accordance with subsection (f). 

‘‘(c) COMPREHENSIVE ASSESSMENT.—(1) Each plan developed 

under subsection (a) shall be based on a comprehensive assessment, 

developed in accordance with paragraph (2), of— 

‘‘(A) the physical, cognitive, vocational, and neuropsychological and social impairments of the individual; and 

‘‘(B) the family education and family support needs of the 

individual after the individual is discharged from inpatient 

care or at the commencement of and during the receipt of 

outpatient care and services. 

‘‘(2) The comprehensive assessment required under paragraph 

(1) with respect to an individual is a comprehensive assessment 

of the matters set forth in that paragraph by a team, composed 

by the Secretary for purposes of the assessment, of individuals 

with expertise in traumatic brain injury, including any of the following: 

‘‘(A) A neurologist. 

‘‘(B) A rehabilitation physician. 

‘‘(C) A social worker. 

‘‘(D) A neuropsychologist. 

‘‘(E) A physical therapist. 

‘‘(F) A vocational rehabilitation specialist. 

‘‘(G) An occupational therapist. 

‘‘(H) A speech language pathologist. 

‘‘(I) A rehabilitation nurse. 

‘‘(J) An educational therapist. 

‘‘(K) An audiologist. 

‘‘(L) A blind rehabilitation specialist. 

‘‘(M) A recreational therapist. 

‘‘(N) A low vision optometrist. 

‘‘(O) An orthotist or prosthetist. 

‘‘(P) An assistive technologist or rehabilitation engineer. 

‘‘(Q) An otolaryngology physician. 

‘‘(R) A dietician. 

‘‘(S) An opthamologist. 

‘‘(T) A psychiatrist. 


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‘‘(d) CASE MANAGER.—(1) The Secretary shall designate a case 

manager for each individual described in subsection (a) to be responsible for the implementation of the plan developed for that individual under that subsection and the coordination of the individual’s 

medical care. 

‘‘(2) The Secretary shall ensure that each case manager has 

specific expertise in the care required by the individual for whom 

the case manager is designated, regardless of whether the case 

manager obtains such expertise through experience, education, or 

training. 

‘‘(e) PARTICIPATION AND COLLABORATION IN DEVELOPMENT OF

PLANS.—(1) The Secretary shall involve each individual described 

in subsection (a), and the family or legal guardian of such individual, in the development of the plan for such individual under 

that subsection to the maximum extent practicable. 

‘‘(2) The Secretary shall collaborate in the development of a 

plan for an individual under subsection (a) with a State protection 

and advocacy system if— 

‘‘(A) the individual covered by the plan requests such 

collaboration; or 

‘‘(B) in the case of such an individual who is incapacitated, 

the family or guardian of the individual requests such collaboration. 

‘‘(3) In the case of a plan required by subsection (a) for a 

member of the Armed Forces who is serving on active duty, the 

Secretary shall collaborate with the Secretary of Defense in the 

development of such plan. 

‘‘(4) In developing vocational rehabilitation objectives required 

under subsection (b)(1) and in conducting the assessment required 

under subsection (c), the Secretary shall act through the Under 

Secretary for Health in coordination with the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs. 

‘‘(f) EVALUATION.— 

‘‘(1) PERIODIC REVIEW BY SECRETARY.—The Secretary shall 

periodically review the effectiveness of each plan developed 

under subsection (a). The Secretary shall refine each such plan 

as the Secretary considers appropriate in light of such review. 

‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In addition to 

the periodic review required by paragraph (1), the Secretary 

shall conduct a review of the plan for an individual under 

paragraph (1) at the request of the individual, or in the case 

of an individual who is incapacitated, at the request of the 

guardian or designee of the individual. 

‘‘(g) STATE DESIGNATED PROTECTION AND ADVOCACY SYSTEM

DEFINED.—In this section, the term ‘State protection and advocacy 

system’ means a system established in a State under subtitle C 

of the Developmental Disabilities Assistance and Bill of Rights 

Act of 2000 (42 U.S.C. 15041 et seq.) to protect and advocate 

for the rights of persons with development disabilities. 

‘‘§ 1710D. Traumatic brain injury: comprehensive program 

for long-term rehabilitation 

‘‘(a) COMPREHENSIVE PROGRAM.—In developing plans for the 

rehabilitation and reintegration of individuals with traumatic brain 

injury under section 1710C of this title, the Secretary shall develop 

and carry out a comprehensive program of long-term care for postacute traumatic brain injury rehabilitation that includes residential, 


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community, and home-based components utilizing interdisciplinary 

treatment teams. 

‘‘(b) LOCATION OF PROGRAM.—The Secretary shall carry out 

the program developed under subsection (a) in each Department 

polytrauma rehabilitation center designated by the Secretary. 

‘‘(c) ELIGIBILITY.—A veteran is eligible for care under the program developed under subsection (a) if the veteran is otherwise 

eligible to receive hospital care and medical services under section 

1710 of this title and— 

‘‘(1) served on active duty in a theater of combat operations 

(as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian 

Gulf War, or in combat against a hostile force during a period 

of hostilities (as defined in section 1712A(a)(2)(B) of this title) 

after November 11, 1998; 

‘‘(2) is diagnosed as suffering from moderate to severe 

traumatic brain injury; and 

‘‘(3) is unable to manage routine activities of daily living 

without supervision or assistance, as determined by the Secretary. 

‘‘(d) REPORT.—Not later than one year after the date of the 

enactment of this section, and annually thereafter, the Secretary 

shall submit to the Committees on Veterans’ Affairs of the Senate 

and the House of Representatives a report containing the following 

information: 

‘‘(1) A description of the operation of the program. 

‘‘(2) The number of veterans provided care under the program during the year preceding such report. 

‘‘(3) The cost of operating the program during the year 

preceding such report.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1710B the following new items: 

‘‘1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the 

community. 

‘‘1710D. Traumatic brain injury: comprehensive plan for long-term rehabilitation.’’. 

SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR IMPLEMENTATION OF REHABILITATION AND 

COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC 

BRAIN INJURY. 

(a) IN GENERAL.—Subchapter II of chapter 17 of title 38, United 

States Code, is amended by inserting after section 1710D, as added 

by section 1702, the following new section: 

‘‘§ 1710E. Traumatic brain injury: use of non-Department 

facilities for rehabilitation 

‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary, in implementing and carrying out a plan developed under section 1710C 

of this title, may provide hospital care and medical services through 

cooperative agreements with appropriate public or private entities 

that have established long-term neurobehavioral rehabilitation and 

recovery programs. 

‘‘(b) AUTHORITIES OF STATE PROTECTION AND ADVOCACY SYSTEMS.—Nothing in subtitle C of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000 shall be construed as 

preventing a State protection and advocacy system (as defined 


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in section 1710C(g) of this title) from exercising the authorities 

described in such subtitle with respect to individuals provided 

rehabilitative treatment or services under section 1710C of this 

title in a non-Department facility.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1710D, as added by section 1702, the following new 

item: 

‘‘1710E. Traumatic brain injury: use of non-Departmental facilities for rehabilitation.’’. 

SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM 

ON TRAUMATIC BRAIN INJURY. 

(a) IN GENERAL.—To improve the provision of health care by 

the Department of Veterans Affairs to veterans with traumatic 

brain injuries, the Secretary of Veterans Affairs shall— 

(1) conduct research, including— 

(A) research on the sequelae of mild to severe forms 

of traumatic brain injury; 

(B) research on visually-related neurological conditions; 

(C) research on seizure disorders; 

(D) research on means of improving the diagnosis, 

rehabilitative treatment, and prevention of such sequelae; 

(E) research to determine the most effective cognitive 

and physical therapies for such sequelae; 

(F) research on dual diagnosis of post-traumatic stress 

disorder and traumatic brain injury; 

(G) research on improving facilities of the Department 

concentrating on traumatic brain injury care; and 

(H) research on improving the delivery of traumatic 

brain injury care by the Department; 

(2) educate and train health care personnel of the Department in recognizing and treating traumatic brain injury; and 

(3) develop improved models and systems for the furnishing 

of traumatic brain injury care by the Department. 

(b) COLLABORATION.—In carrying out research under subsection 

(a), the Secretary of Veterans Affairs shall collaborate with— 

(1) facilities that conduct research on rehabilitation for 

individuals with traumatic brain injury; 

(2) facilities that receive grants for such research from 

the National Institute on Disability and Rehabilitation 

Research of the Department of Education; and 

(3) the Defense and Veterans Brain Injury Center of the 

Department of Defense and other relevant programs of the 

Federal Government (including Centers of Excellence). 

(c) DISSEMINATION OF USEFUL INFORMATION.—The Under Secretary of Veterans Affairs for Health shall ensure that information 

produced by the research, education and training, and clinical activities conducted under this section that may be useful for other 

activities of the Veterans Health Administration is disseminated 

throughout the Veterans Health Administration. 

(d) TRAUMATIC BRAIN INJURY REGISTRY.— 

(1) IN GENERAL.—The Secretary of Veterans Affairs shall 

establish and maintain a registry to be known as the ‘‘Traumatic Brain Injury Veterans Health Registry’’ (in this section 

referred to as the ‘‘Registry’’). 

Establishment. 

38 USC 1710C 

note. 


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(2) DESCRIPTION.—The Registry shall include the following 

information: 

(A) A list containing the name of each individual who 

served as a member of the Armed Forces in Operation 

Enduring Freedom or Operation Iraqi Freedom who 

exhibits symptoms associated with traumatic brain injury, 

as determined by the Secretary of Veterans Affairs, and 

who— 

(i) applies for care and services furnished by the 

Department of Veterans Affairs under chapter 17 of 

title 38, United States Code; or 

(ii) files a claim for compensation under chapter 

11 of such title on the basis of any disability which 

may be associated with such service. 

(B) Any relevant medical data relating to the health 

status of an individual described in subparagraph (A) and 

any other information the Secretary considers relevant and 

appropriate with respect to such an individual if the individual— 

(i) grants permission to the Secretary to include 

such information in the Registry; or 

(ii) is deceased at the time such individual is listed 

in the Registry. 

(3) NOTIFICATION.—When possible, the Secretary shall 

notify each individual listed in the Registry of significant 

developments in research on the health consequences of military service in the Operation Enduring Freedom and Operation 

Iraqi Freedom theaters of operations. 

SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY. 

(a) PILOT PROGRAM.—Beginning not later than 90 days after 

the date of the enactment of this Act, the Secretary of Veterans 

Affairs, in collaboration with the Defense and Veterans Brain Injury 

Center of the Department of Defense, shall carry out a five-year 

pilot program to assess the effectiveness of providing assisted living 

services to eligible veterans to enhance the rehabilitation, quality 

of life, and community integration of such veterans. 

(b) PROGRAM LOCATIONS.— 

(1) IN GENERAL.—The pilot program shall be carried out 

at locations selected by the Secretary for purposes of the pilot 

program. Of the locations so selected— 

(A) at least one location shall be in each health care 

region of the Veterans Health Administration of the 

Department of Veterans Affairs that contains a polytrauma 

center of the Department of Veterans Affairs; and 

(B) any location other than a location described in 

subparagraph (A) shall be in an area that contains a high 

concentration of veterans with traumatic brain injuries, 

as determined by the Secretary. 

(2) SPECIAL CONSIDERATION FOR VETERANS IN RURAL

AREAS.—The Secretary shall give special consideration to providing veterans in rural areas with an opportunity to participate in the pilot program. 

(c) PROVISION OF ASSISTED LIVING SERVICES.— (1) AGREEMENTS.—In carrying out the pilot program, the 

Secretary may enter into agreements for the provision of 

Deadline. 

38 USC 1710C 

note. 


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assisted living services on behalf of eligible veterans with a 

provider participating under a State plan or waiver under 

title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 

(2) STANDARDS.—The Secretary may not place, transfer, 

or admit a veteran to any facility for assisted living services 

under the pilot program unless the Secretary determines that 

the facility meets such standards as the Secretary may prescribe for purposes of the pilot program. Such standards shall, 

to the extent practicable, be consistent with the standards 

of Federal, State, and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting such 

facilities. 

(d) CONTINUATION OF CASE MANAGEMENT AND REHABILITATION

SERVICES.—In carrying out the pilot program, the Secretary shall— 

(1) continue to provide each veteran who is receiving 

assisted living services under the pilot program with rehabilitative services; and 

(2) designate employees of the Veterans Health Administration of the Department of Veterans Affairs to furnish case 

management services for veterans participating in the pilot 

program. 

(e) REPORT.— 

(1) IN GENERAL.—Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the 

Committees on Veterans’ Affairs of the Senate and House of 

Representatives a report on the pilot program. 

(2) CONTENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of the pilot program. 

(B) An assessment of the utility of the activities under 

the pilot program in enhancing the rehabilitation, quality 

of life, and community reintegration of veterans with traumatic brain injury. 

(C) Such recommendations as the Secretary considers 

appropriate regarding the extension or expansion of the 

pilot program. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘assisted living services’’ means services of 

a facility in providing room, board, and personal care for and 

supervision of residents for their health, safety, and welfare. 

(2) The term ‘‘case management services’’ includes the 

coordination and facilitation of all services furnished to a veteran by the Department of Veterans Affairs, either directly 

or through a contract, including assessment of needs, planning, 

referral (including referral for services to be furnished by the 

Department, either directly or through a contract, or by an 

entity other than the Department), monitoring, reassessment, 

and followup. 

(3) The term ‘‘eligible veteran’’ means a veteran who— 

(A) is enrolled in the patient enrollment system of 

the Department of Veterans Affairs under section 1705 

of title 38, United States Code; 

(B) has received hospital care or medical services provided by the Department of Veterans Affairs for a traumatic 

brain injury; 


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(C) is unable to manage routine activities of daily 

living without supervision and assistance, as determined 

by the Secretary; and 

(D) could reasonably be expected to receive ongoing 

services after the end of the pilot program under this 

section under another program of the Federal Government 

or through other means, as determined by the Secretary. 

SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE. 

(a) FINDING.—Congress finds that young veterans who are 

injured or disabled through military service and require long-term 

care should have access to age-appropriate nursing home care. 

(b) REQUIREMENT TO PROVIDE AGE-APPROPRIATE NURSING

HOME CARE.—Section 1710A of title 38, United States Code, is 

amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) The Secretary shall ensure that nursing home care provided 

under subsection (a) is provided in an age-appropriate manner.’’. 

SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE 

FOR VETERANS OF COMBAT SERVICE DURING CERTAIN 

PERIODS OF HOSTILITIES AND WAR. 

Subparagraph (C) of section 1710(e)(3) of title 38, United States 

Code, is amended to read as follows: 

‘‘(C) in the case of care for a veteran described in paragraph 

(1)(D) who— 

‘‘(i) is discharged or released from the active military, 

naval, or air service after the date that is five years before 

the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008, after a period of 

five years beginning on the date of such discharge or 

release; or 

‘‘(ii) is so discharged or released more than five years 

before the date of the enactment of that Act and who 

did not enroll in the patient enrollment system under section 1705 of this title before such date, after a period 

of three years beginning on the date of the enactment 

of that Act; and’’. 

SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL 

HEALTH CONDITIONS IN VETERANS. 

(a) PRESUMPTION OF SERVICE-CONNECTION FOR MENTAL ILLNESS IN PERSIAN GULF WAR VETERANS.— 

(1) IN GENERAL.—Section 1702 of title 38, United States 

Code, is amended— 

(A) by inserting ‘‘(a) PSYCHOSIS.—’’ before ‘‘For the 

purposes’’; and 

(B) by adding at the end the following new subsection: 

‘‘(b) MENTAL ILLNESS.—For purposes of this chapter, any veteran of the Persian Gulf War who develops an active mental illness 

(other than psychosis) shall be deemed to have incurred such disability in the active military, naval, or air service if such veteran 

develops such disability— 

‘‘(1) within two years after discharge or release from the 

active military, naval, or air service; and 

38 USC 1710A 

note. 


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‘‘(2) before the end of the two-year period beginning on 

the last day of the Persian Gulf War.’’. 

(2) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 1702. Presumptions: psychosis after service in World War 

II and following periods of war; mental illness 

after service in the Persian Gulf War’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 17 of such title is amended by striking 

the item relating to section 1702 and inserting the following 

new item: 

‘‘1702. Presumptions: psychosis after service in World War II and following periods 

of war; mental illness following service in the Persian Gulf War.’’. 

(b) PROVISION OF MENTAL HEALTH ASSESSMENTS FOR CERTAIN

VETERANS.—Section 1712A(a) of such title is amended— 

(1) in paragraph (1)(B), by adding at the end the following 

new clause: 

‘‘(iii) Any veteran who served on active duty— 

‘‘(I) in a theater of combat operations (as determined 

by the Secretary in consultation with the Secretary of 

Defense) during a period of war after the Persian Gulf 

War; or 

‘‘(II) in combat against a hostile force during a period 

of hostilities (as defined in paragraph (2)(B)) after 

November 11, 1998.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) Upon request of a veteran described in paragraph (1)(B)(iii), 

the Secretary shall provide the veteran a preliminary general 

mental health assessment as soon as practicable after receiving 

the request, but not later than 30 days after receiving the request.’’. 

SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUTPATIENT DENTAL SERVICES TO VETERANS WITH 

SERVICE-CONNECTED DENTAL CONDITIONS OR DISABILITIES. 

Section 1712(a)(1)(B)(iii) of title 38, United States Code, is 

amended— 

(1) by striking ‘‘90 days after such discharge’’ and inserting 

‘‘180 days after such discharge’’; 

(2) by striking ‘‘90 days from the date of such veteran’s 

subsequent discharge’’ and inserting ‘‘180 days from the date 

of such veteran’s subsequent discharge’’; and 

(3) by striking ‘‘90 days after the date of correction’’ and 

inserting ‘‘180 days after the date of correction’’. 

SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. 

(a) CLARIFICATION OF INCLUSION OF MEMBERS OF THE NATIONAL

GUARD AND RESERVE IN PROGRAM.—Subsection (a)(1) of section 

6301 of title 38, United States Code, is amended by inserting 

‘‘, or from a reserve component,’’ after ‘‘active military, naval, or 

air service’’. 

(b) DEFINITION OF OUTREACH.—Subsection (b) of such section 

is amended— 

(1) by redesignating paragraphs (1) and (2) as paragraphs 

(2) and (3), respectively; and 

Deadline. 


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(2) by inserting before paragraph (2) the following new 

paragraph (1): 

‘‘(1) the term ‘outreach’ means the act or process of reaching 

out in a systematic manner to proactively provide information, 

services, and benefits counseling to veterans, and to the 

spouses, children, and parents of veterans who may be eligible 

to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, 

and receive assistance in applying for, such benefits;’’. 

SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES 

OF TRAUMATIC SERVICEMEMBERS’ GROUP LIFE INSURANCE. 

Section 1980A of title 38, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(k) DESIGNATION OF FIDUCIARY OR TRUSTEE.—(1) The Secretary concerned, in consultation with the Secretary, shall develop 

a process for the designation of a fiduciary or trustee of a member 

of the uniformed services who is insured against traumatic injury 

under this section. The fiduciary or trustee so designated would 

receive a payment for a qualifying loss under this section if the 

member is medically incapacitated (as determined pursuant to regulations prescribed by the Secretary concerned in consultation with 

the Secretary) or experiencing an extended loss of consciousness. 

‘‘(2) The process under paragraph (1) may require each member 

of the uniformed services who is insured under this section to— 

‘‘(A) designate an individual as the member’s fiduciary 

or trustee for purposes of subsection (a); or 

‘‘(B) elect that a court of proper jurisdiction designate an 

individual as the member’s fiduciary or trustee for purposes 

of subsection (a) in the event that the member becomes medically incapacitated or experiences an extended loss of consciousness.’’. 

TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS 

Sec. 1801. Short title. 

Subtitle A—National Guard Bureau 

Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National 

Guard Bureau. 

Sec. 1812. Establishment of National Guard Bureau as joint activity of the Department of Defense. 

Sec. 1813. Enhancement of functions of the National Guard Bureau. 

Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to 

natural disasters and terrorist events. 

Sec. 1815. Determination of Department of Defense civil support requirements. 

Subtitle B—Additional Reserve Component Enhancement 

Sec. 1821. United States Northern Command. 

Sec. 1822. Council of Governors. 

Sec. 1823. Plan for Reserve Forces Policy Board. 

Sec. 1824. High-level positions authorized or required to be held by reserve component general or flag officers. 

Sec. 1825. Retirement age and years of service limitations on certain reserve general and flag officers. 

Sec. 1826. Additional reporting requirements relating to National Guard equipment. 

National Guard 

Empowerment 

Act of 2007. 


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SEC. 1801. SHORT TITLE. 

This title may be cited as the ‘‘National Guard Empowerment 

Act of 2007’’. 

Subtitle A—National Guard Bureau 

SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE 

CHIEF OF THE NATIONAL GUARD BUREAU. 

(a) APPOINTMENT.—Subsection (a) of section 10502 of title 10, 

United States Code, is amended by striking paragraphs (1) through 

(3) and inserting the following new paragraphs: 

‘‘(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, 

the commanding general of the District of Columbia National 

Guard; 

‘‘(2) are recommended for such appointment by the Secretary of the Army or the Secretary of the Air Force; 

‘‘(3) have had at least 10 years of federally recognized 

commissioned service in an active status in the National Guard; 

‘‘(4) are in a grade above the grade of brigadier general; 

‘‘(5) are determined by the Chairman of the Joint Chiefs 

of Staff, in accordance with criteria and as a result of a process 

established by the Chairman, to have significant joint duty 

experience; 

‘‘(6) are determined by the Secretary of Defense to have 

successfully completed such other assignments and experiences 

so as to possess a detailed understanding of the status and 

capabilities of National Guard forces and the missions of the 

National Guard Bureau as set forth in section 10503 of this 

title; 

‘‘(7) have a level of operational experience in a position 

of significant responsibility, professional military education, and 

demonstrated expertise in national defense and homeland 

defense matters that are commensurate with the advisory role 

of the Chief of the National Guard Bureau; and 

‘‘(8) possess such other qualifications as the Secretary of 

Defense shall prescribe for purposes of this section.’’. 

(b) GRADE.—Subsection (d) of such section is amended by 

striking ‘‘lieutenant general’’ and inserting ‘‘general’’. 

(c) REPEAL OF AGE 64 LIMITATION ON SERVICE.—Subsection 

(b) of such section is amended by striking ‘‘An officer may not 

hold that office after becoming 64 years of age.’’. 

(d) ADVISORY DUTIES.—Subsection (c) of such section is 

amended to read as follows: 

‘‘(c) ADVISOR ON NATIONAL GUARD MATTERS.—The Chief of 

the National Guard Bureau is— 

‘‘(1) a principal advisor to the Secretary of Defense, through 

the Chairman of the Joint Chiefs of Staff, on matters involving 

non-federalized National Guard forces and on other matters 

as determined by the Secretary of Defense; and 

‘‘(2) the principal adviser to the Secretary of the Army 

and the Chief of Staff of the Army, and to the Secretary 

of the Air Force and the Chief of Staff of the Air Force, on 

matters relating to the National Guard, the Army National 

Guard of the United States, and the Air National Guard of 

the United States.’’. 

10 USC 101 note. 


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SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT 

ACTIVITY OF THE DEPARTMENT OF DEFENSE. 

(a) JOINT ACTIVITY OF THE DEPARTMENT OF DEFENSE.—Subsection (a) of section 10501 of title 10, United States Code, is 

amended by striking ‘‘joint bureau of the Department of the Army 

and the Department of the Air Force’’ and inserting ‘‘joint activity 

of the Department of Defense’’. 

(b) JOINT MANPOWER REQUIREMENTS.— 

(1) IN GENERAL.—Chapter 1011 of such title is amended 

by adding at the end the following new section: 

‘‘§ 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. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD 

BUREAU. 

(a) ADDITIONAL GENERAL FUNCTIONS.—Section 10503 of title 

10, United States Code, is amended— 

(1) by redesignating paragraph (12) as paragraph (14) and 

inserting before such paragraph (14) the following new paragraph (13): 

‘‘(13)(A) Assisting the Secretary of Defense in facilitating 

and coordinating with the entities listed in subparagraph (B) 

the use of National Guard personnel and resources for operations conducted under title 32, or in support of State missions. 

‘‘(B) The entities listed in this subparagraph for purposes 

of subparagraph (A) are the following: 

‘‘(i) Other Federal agencies. 

‘‘(ii) The Adjutants General of the States. 

‘‘(iii) The United States Joint Forces Command. 

‘‘(iv) The combatant command the geographic area of 

responsibility of which includes the United States.’’; 

(2) by redesignating paragraphs (2) through (11) as paragraphs (3) through (12), respectively; and 

(3) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The role of the National Guard Bureau in support 

of the Secretary of the Army and the Secretary of the Air 

Force.’’. 

(b) CHARTER DEVELOPED AND PRESCRIBED BY SECRETARY OF

DEFENSE.—Section 10503 of such title is further amended— 

(1) in the matter preceding paragraph (1)— 

(A) by striking ‘‘The Secretary of the Army and the 

Secretary of the Air Force shall jointly develop’’ and 

inserting ‘‘The Secretary of Defense, in consultation with 

the Chairman of the Joint Chiefs of Staff, the Secretary 

of the Army, and the Secretary of the Air Force, shall 

develop’’; and 

Regulations. 


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122 STAT. 498 PUBLIC LAW 110–181—JAN. 28, 2008 

(B) by striking ‘‘cover’’ in the second sentence and 

inserting ‘‘reflect the full scope of the duties and activities 

of the Bureau, including’’; and 

(2) in paragraph (14), as redesignated by subsection (a)(1), 

by striking ‘‘the Secretaries’’ and inserting ‘‘the Secretary of 

Defense’’. 

(c) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) CONFORMING AMENDMENT.—The heading of section 

10503 of such title is amended to read as follows: 

‘‘§ 10503. Functions of National Guard Bureau: charter’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1011 of such title is amended by striking 

the item relating to section 10503 and inserting the following 

new item: 

‘‘10503. Functions of National Guard Bureau: charter.’’. 

SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE 

PLAN FOR RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS. 

(a) REQUIREMENT FOR PLAN.— 

(1) IN GENERAL.—Not later than June 1, 2008, the Secretary 

of Defense, in consultation with the Secretary of Homeland 

Security, the Chairman of the Joint Chiefs of Staff, the commander of the United States Northern Command, and the 

Chief of the National Guard Bureau, shall prepare and submit 

to Congress a plan for coordinating the use of the National 

Guard and members of the Armed Forces on active duty when 

responding to natural disasters, acts of terrorism, and other 

man-made disasters as identified in the national planning scenarios described in subsection (e). 

(2) UPDATE.—Not later than June 1, 2010, the Secretary, 

in consultation with the persons consulted under paragraph 

(1), shall submit to Congress an update of the plan required 

under paragraph (1). 

(b) INFORMATION TO BE PROVIDED TO SECRETARY.—To assist 

the Secretary of Defense in preparing the plan, the National Guard 

Bureau, pursuant to its purpose as channel of communications 

as set forth in section 10501(b) of title 10, United States Code, 

shall provide to the Secretary information gathered from Governors, 

adjutants general of States, and other State civil authorities responsible for homeland preparation and response to natural and manmade disasters. 

(c) TWO VERSIONS.—The plan shall set forth two versions of 

response, one using only members of the National Guard, and 

one using both members of the National Guard and members of 

the regular components of the Armed Forces. 

(d) MATTERS COVERED.—The plan shall cover, at a minimum, 

the following: 

(1) Protocols for the Department of Defense, the National 

Guard Bureau, and the Governors of the several States to 

carry out operations in coordination with each other and to 

ensure that Governors and local communities are properly 

informed and remain in control in their respective States and 

communities. 

Deadline. 

10 USC 113 note. 


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(2) An identification of operational procedures, command 

structures, and lines of communication to ensure a coordinated, 

efficient response to contingencies. 

(3) An identification of the training and equipment needed 

for both National Guard personnel and members of the Armed 

Forces on active duty to provide military assistance to civil 

authorities and for other domestic operations to respond to 

hazards identified in the national planning scenarios. 

(e) NATIONAL PLANNING SCENARIOS.—The plan shall provide 

for response to the following hazards: 

(1) Nuclear detonation, biological attack, biological disease 

outbreak/pandemic flu, the plague, chemical attack-blister 

agent, chemical attack-toxic industrial chemicals, chemical 

attack-nerve agent, chemical attack-chlorine tank explosion, 

major hurricane, major earthquake, radiological attack-radiological dispersal device, explosives attack-bombing using improvised explosive device, biological attack-food contamination, 

biological attack-foreign animal disease and cyber attack. 

(2) Any other hazards identified in a national planning 

scenario developed by the Homeland Security Council. 

SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUPPORT REQUIREMENTS. 

(a) DETERMINATION OF REQUIREMENTS.—The Secretary of 

Defense, in consultation with the Secretary of Homeland Security, 

shall determine the military-unique capabilities needed to be provided by the Department of Defense to support civil authorities 

in an incident of national significance or a catastrophic incident. 

(b) PLAN FOR FUNDING CAPABILITIES.— 

(1) PLAN.—The Secretary of Defense shall develop and 

implement a plan, in coordination with the Secretaries of the 

military departments and the Chairman of the Joint Chiefs 

of Staff, for providing the funds and resources necessary to 

develop and maintain the following: 

(A) The military-unique capabilities determined under 

subsection (a). 

(B) Any additional capabilities determined by the Secretary to be necessary to support the use of the active 

components and the reserve components of the Armed 

Forces for homeland defense missions, domestic emergency 

responses, and providing military support to civil authorities. 

(2) TERM OF PLAN.—The plan required under paragraph 

(1) shall cover at least five years. 

(c) BUDGET.—The Secretary of Defense shall include in the 

materials accompanying the budget submitted for each fiscal year 

a request for funds necessary to carry out the plan required under 

subsection (b) during the fiscal year covered by the budget. The 

defense budget materials shall delineate and explain the budget 

treatment of the plan for each component of each military department, each combatant command, and each affected Defense Agency. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘military-unique capabilities’’ means those 

capabilities that, in the view of the Secretary of Defense— 

(A) cannot be provided by other Federal, State, or 

local civilian agencies; and 

10 USC 113 note. 


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(B) are essential to provide support to civil authorities 

in an incident of national significance or a catastrophic 

incident. 

(2) The term ‘‘defense budget materials’’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year. 

(e) STRATEGIC PLANNING GUIDANCE.—Section 113(g)(2) of title 

10, United States Code, is amended by striking ‘‘contingency plans’’ 

at the end of the first sentence and inserting the following: ‘‘contingency plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, 

for homeland defense, and for military support to civil authorities’’. 

Subtitle B—Additional Reserve Component 

Enhancement 

SEC. 1821. UNITED STATES NORTHERN COMMAND. 

(a) MANPOWER REVIEW.— 

(1) REVIEW BY CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— 

Not later than one year after the date of the enactment of 

this Act, the Chairman of the Joint Chiefs of Staff shall submit 

to the Secretary of Defense a review of the civilian and military 

positions, job descriptions, and assignments within the United 

States Northern Command with the goal of determining the 

feasibility of significantly increasing the number of members 

of a reserve component assigned to, and civilians employed 

by, the United States Northern Command who have experience 

in the planning, training, and employment of forces for homeland defense missions, domestic emergency response, and providing military support to civil authorities. 

(2) SUBMISSION OF RESULTS OF REVIEW.—Not later than 

90 days after the date on which the Secretary of Defense 

receives the results of the review under paragraph (1), the 

Secretary shall submit to Congress a copy of the results of 

the review, together with such recommendations as the Secretary considers appropriate to achieve the objectives of the 

review. 

(b) DEFINITION.—In this section, the term ‘‘United States 

Northern Command’’ means the combatant command the geographic 

area of responsibility of which includes the United States. 

SEC. 1822. COUNCIL OF GOVERNORS. 

The President shall establish a bipartisan Council of Governors 

to advise the Secretary of Defense, the Secretary of Homeland 

Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions. 

SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD. 

(a) PLAN.—The Secretary of Defense shall develop a plan to 

implement revisions that the Secretary determines necessary in 

the designation, organization, membership, functions, procedures, 

and legislative framework of the Reserve Forces Policy Board. The 

plan— 

(1) shall be consistent with the findings, conclusions, and 

recommendations included in Part III E of the Report of the 

President. 

Establishment. 

32 USC 104 note. 

Deadlines. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 501 

Commission on the National Guard and Reserves of March 

1, 2007; and 

(2) to the extent possible, shall take into account the views 

and recommendations of civilian and military leaders, past 

chairmen of the Reserve Forces Policy Board, private organizations with expertise and interest in Department of Defense 

organization, and other individuals or groups in the discretion 

of the Secretary. 

(b) REPORT.—Not later than July 1, 2008, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on the plan 

developed under subsection (a), including such recommendations 

for legislation as the Secretary considers necessary. 

SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO 

BE HELD BY RESERVE COMPONENT GENERAL OR FLAG 

OFFICERS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that, 

whenever officers of the Armed Forces are considered for promotion 

to the grade of lieutenant general, or vice admiral in the case 

of the Navy, on the active duty list, officers in the reserve components of the Armed Forces who are eligible for promotion to such 

grade should be considered for promotion to such grade. 

(b) NATIONAL GUARD OFFICER AS DEPUTY COMMANDER OF

UNITED STATES NORTHERN COMMAND.—Section 164(e) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(4) At least one deputy commander of the combatant command 

the geographic area of responsibility of which includes the United 

States shall be a qualified officer of the National Guard who is 

eligible for promotion to the grade of O–9, unless a National Guard 

officer is serving as commander of that combatant command.’’. 

(c) INCREASE IN NUMBER OF UNIFIED AND SPECIFIED COMBATANT COMMAND POSITIONS FOR RESERVE COMPONENT OFFICERS.— 

Section 526(b)(2)(A) of such title is amended by striking ‘‘10 general 

and flag officer positions on the staffs of the commanders of’’ and 

inserting ‘‘15 general and flag officer positions in’’. 

SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS 

ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS. 

(a) RETIREMENT FOR AGE.— 

(1) INCLUSION OF RESERVE GENERALS AND ADMIRALS.—Section 14511 of title 10, United States Code, is amended to 

read as follows: 

‘‘§ 14511. Separation at age 64: officers in grade of major 

general or rear admiral and above 

‘‘(a) SEPARATION REQUIRED.—Unless retired, transferred to the 

Retired Reserve, or discharged at an earlier date, each reserve 

officer of the Army, Air Force, or Marine Corps in the grade of 

major general or above and each reserve officer of the Navy in 

the grade of rear admiral or above shall be separated in accordance 

with section 14515 of this title on the last day of the month 

in which the officer becomes 64 years of age. 

‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSI- TIONS.—The retirement of a reserve officer of the Army, Air Force, 

or Marine Corps in the grade of lieutenant general or general, 

10 USC 164 note. 


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122 STAT. 502 PUBLIC LAW 110–181—JAN. 28, 2008 

or a reserve officer of the Navy in the grade of vice admiral or 

admiral, under subsection (a) may be deferred— 

‘‘(1) by the President, but such a deferment may not extend 

beyond the first day of the month following the month in 

which the officer becomes 68 years of age; or 

‘‘(2) by the Secretary of Defense, but such a deferment 

may not extend beyond the first day of the month following 

the month in which the officer becomes 66 years of age. 

‘‘(c) EXCEPTION FOR OFFICERS HOLDING CERTAIN OFFICES.— 

This section does not apply to an officer covered by section 14512 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1407 of such title is amended by striking 

the item relating to section 14511 and inserting the following 

new item: 

‘‘14511. Separation at age 64: officers in grade of major general or rear admiral and 

above.’’. 

(b) CONFORMING AMENDMENTS AND RESERVE OFFICERS

HOLDING CERTAIN OTHER OFFICES.—Section 14512 of such title 

is amended— 

(1) in subsection (a)(2)— 

(A) by striking subparagraph (A); and 

(B) by redesignating subparagraphs (B), (C), and (D) 

as subparagraphs (A), (B), and (C), respectively; and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense may defer the retirement of 

a reserve officer serving in the position of Chief of the Navy Reserve 

or Commander of the Marine Forces Reserve, but such deferment 

may not extend beyond the first day of the month following the 

month in which the officer becomes 66 years of age. A deferment 

under this paragraph shall not count toward the limitation on 

the total number of officers whose retirement may be deferred 

at any one time under paragraph (1).’’. 

(c) IMPOSITION OF YEARS OF SERVICE LIMITATION.— 

(1) IMPOSITION OF LIMITATION.—Section 14508 of such title 

is amended by inserting after subsection (c), as added by section 

513, the following new subsection: 

‘‘(d) FORTY YEARS OF SERVICE FOR GENERALS AND ADMIRALS.— 

Unless retired, transferred to the Retired Reserve, or discharged 

at an earlier date, each reserve officer of the Army, Air Force, 

or Marine Corps in the grade of general and each reserve officer 

of the Navy in the grade of admiral shall be separated in accordance 

with section 14514 of this title on the first day of the first month 

beginning after the date of the fifth anniversary of the officer’s 

appointment to that grade or 30 days after the date on which 

the officer completes 40 years of commissioned service, whichever 

is later.’’. 

(2) CONFORMING AMENDMENTS.—Subsection (b) of section 

10502 of such title, as amended by section 1811, is further 

amended— 

(A) by inserting ‘‘(1)’’ before the first sentence; and 

(B) by striking ‘‘While holding that office’’ and inserting 

the following: 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 503 

‘‘(2) Except as provided in section 14508(d) of this title, while 

holding the office of Chief of the National Guard Bureau’’. 

SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 

NATIONAL GUARD EQUIPMENT. 

Section 10541 of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(d) Each report under this section concerning equipment of 

the National Guard shall also include the following: 

‘‘(1) A statement of the accuracy of the projections required 

by subsection (b)(5)(D) contained in earlier reports under this 

section, and an explanation, if the projection was not met, 

of why the projection was not met. 

‘‘(2) A certification from the Chief of the National Guard 

Bureau setting forth an inventory for the preceding fiscal year 

of each item of equipment— 

‘‘(A) for which funds were appropriated; 

‘‘(B) which was due to be procured for the National 

Guard during that fiscal year; and 

‘‘(C) which has not been received by a National Guard 

unit as of the close of that fiscal year.’’. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2008’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVII and in title XXIX for military construction projects, land acquisition, family housing projects and facilities, 

and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations 

therefor) shall expire on the later of— 

(1) October 1, 2010; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2011. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2010; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2011 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2008. 

Certification. 


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122 STAT. 504 PUBLIC LAW 110–181—JAN. 28, 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. Termination of authority to carry out fiscal year 2007 Army projects for 

which funds were not appropriated. 

Sec. 2106. Technical amendments to Military Construction Authorization Act for 

Fiscal Year 2007. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project. 

Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 

Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida. 

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

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ............. Anniston Army Depot ................................... $26,000,000 

Redstone Arsenal ........................................... $22,000,000 

Alaska ................ Fort Richardson ............................................. $92,800,000 

Fort Wainwright ............................................ $114,500,000 

Arizona .............. Fort Huachuca ............................................... $129,600,000 

California ........... Fort Irwin ....................................................... $24,000,000 

Presidio, Monterey ........................................ $28,000,000 

Colorado ............. Fort Carson .................................................... $156,200,000 

Delaware ............ Dover Air Force Base .................................... $17,500,000 

Florida ............... Miami Doral ................................................... $237,000,000 

Georgia .............. Fort Benning .................................................. $189,500,000 

Fort Stewart/Hunter Army Air Field ........... $123,500,000 

Hawaii ............... Fort Shafter ................................................... $31,000,000 

Kahuku Training Area .................................. $10,200,000 

Schofield Barracks ......................................... $88,000,000 

Wheeler Army Air Field ................................ $51,000,000 

Illinois ................ Rock Island Arsenal ...................................... $3,350,000 

Kansas ............... Fort Leavenworth .......................................... $102,400,000 

Fort Riley ....................................................... $140,200,000 

Kentucky ........... Fort Campbell ................................................ $113,600,000 

Fort Knox ....................................................... $6,700,000 

Louisiana ........... Fort Polk ........................................................ $15,900,000 

Maryland ........... Aberdeen Proving Ground ............................ $12,200,000 

Michigan ............ Detroit Arsenal .............................................. $18,500,000 

Missouri ............. Fort Leonard Wood ........................................ $136,050,000 

Nevada ............... Hawthorne Army Ammunition Plant .......... $11,800,000 

New Jersey ........ Picatinny Arsenal .......................................... $9,900,000 

New Mexico ....... White Sands Missile Range .......................... $71,000,000 

New York ........... Fort Drum ...................................................... $311,200,000 

North Carolina .. Fort Bragg ...................................................... $287,200,000 

Oklahoma .......... Fort Sill .......................................................... $7,500,000 

South Carolina .. Fort Jackson .................................................. $85,000,000 

Texas .................. Camp Bullis ................................................... $1,600,000 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 505 

Army: Inside the United States—Continued 

State Installation or Location Amount 

Corpus Christi ............................................... $11,200,000 

Fort Bliss ........................................................ $118,400,000 

Fort Hood ....................................................... $163,400,000 

Fort Sam Houston ......................................... $19,150,000 

Red River Army Depot .................................. $9,200,000 

Virginia .............. Fort Belvoir .................................................... $13,000,000 

Fort Eustis ..................................................... $75,000,000 

Fort Lee .......................................................... $22,600,000 

Fort Myer ....................................................... $20,800,000 

Washington ....... Fort Lewis ...................................................... $178,500,000 

Yakima Training Center ............................... $29,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ..................... Afghanistan .......................................... $13,800,000 

Bulgaria ........................... Nevo Selo FOS ..................................... $61,000,000 

Germany .......................... Grafenwoehr ........................................ $62,000,000 

Honduras ......................... Various locations ................................. $2,550,000 

Italy .................................. Aviano ................................................... $12,100,000 

Vicenza ................................................. $160,900,000 

Korea ............................... Camp Humphreys ............................... $57,000,000 

Romania ........................... Mihail Kogalniceanu FOS ................... $12,600,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Army: Family Housing 

State or Country Installation or Location Units Amount 

Utah ........................ Dugway Proving Ground ............ 28 ........ $5,000,000 

Germany ................. Ansbach ....................................... 138 ...... $52,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $2,000,000. 


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122 STAT. 506 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not 

to exceed $365,400,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

in the total amount of $5,106,703,000 as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $3,198,150,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $254,950,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$25,900,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$321,983,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $424,400,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $731,920,000. 

(6) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) 

of the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2445), as 

amended by section 20814 of the Continuing Appropriations 

Resolution, 2007 (division B of Public Law 109–289), as added 

by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110–5; 121 Stat. 41), $102,000,000. 

(7) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 

2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 

3485), $47,400,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $137,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of the United States 

Southern Command Headquarters, Miami, Florida). 

(3) $63,500,000 (the balance of the amount authorized 

under section 2101(b) for construction of a brigade complex 

operations support facility at Vicenza, Italy). 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 507 

(4) $63,500,000 (the balance of the amount authorized 

under section 2101(b) for construction of a brigade complex 

barracks and community support facility at Vicenza, Italy). 

SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT 

APPROPRIATED. 

(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— 

The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 

120 Stat. 2445), as amended by section 20814 of the Continuing 

Appropriations Resolution, 2007 (division B of Public Law 109– 

289), as added by section 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110–5), is further amended— 

(1) by striking the item relating to Redstone Arsenal, Alabama; 

(2) by striking the item relating to Fort Wainwright, 

Alaska; 

(3) in the item relating to Fort Irwin, California, by striking 

‘‘$18,200,000’’ in the amount column and inserting 

‘‘$10,000,000’’; 

(4) in the item relating to Fort Carson, Colorado, by striking 

‘‘$30,800,000’’ in the amount column and inserting 

‘‘$24,000,000’’; 

(5) in the item relating to Fort Leavenworth, Kansas, by 

striking ‘‘$23,200,000’’ in the amount column and inserting 

‘‘$15,000,000’’; 

(6) in the item relating to Fort Riley, Kansas, by striking 

‘‘$47,400,000’’ in the amount column and inserting 

‘‘$37,200,000’’; 

(7) in the item relating to Fort Campbell, Kentucky, by 

striking ‘‘$135,300,000’’ in the amount column and inserting 

‘‘$115,400,000’’; 

(8) by striking the item relating to Fort Polk, Louisiana; 

(9) by striking the item relating to Aberdeen Proving 

Ground, Maryland; 

(10) by striking the item relating to Fort Detrick, Maryland; 

(11) by striking the item relating to Detroit Arsenal, 

Michigan; 

(12) in the item relating to Fort Leonard Wood, Missouri, 

by striking ‘‘$34,500,000’’ in the amount column and inserting 

‘‘$17,000,000’’; 

(13) by striking the item relating to Picatinny Arsenal, 

New Jersey; 

(14) in the item relating to Fort Drum, New York, by 

striking ‘‘$218,600,000’’ in the amount column and inserting 

‘‘$209,200,000’’; 

(15) in the item relating to Fort Bragg, North Carolina, 

by striking ‘‘$96,900,000’’ in the amount column and inserting 

‘‘$89,000,000’’; 

(16) by striking the item relating to Letterkenny Depot, 

Pennsylvania; 

(17) by striking the item relating to Corpus Christi Army 

Depot, Texas; 

(18) by striking the item relating to Fort Bliss, Texas; 


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122 STAT. 508 PUBLIC LAW 110–181—JAN. 28, 2008 

(19) in the item relating to Fort Hood, Texas, by striking 

‘‘$93,000,000’’ in the amount column and inserting 

‘‘$75,000,000’’; 

(20) by striking the item relating to Red River Depot, 

Texas; and 

(21) by striking the item relating to Fort Lee, Virginia. 

(b) CONFORMING AMENDMENTS.—Section 2104(a) of such Act 

(120 Stat. 2447) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$3,518,450,000’’ and inserting ‘‘$3,275,700,000’’; and 

(2) in paragraph (1), by striking ‘‘$1,362,200,000’’ and 

inserting ‘‘$1,119,450,000’’. 

SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION 

AUTHORIZATION ACT FOR FISCAL YEAR 2007. 

(a) LOCATION OF PROJECT IN ROMANIA.—The table in section 

2101(b) of the Military Construction Authorization Act for 2007 

(division B of Public Law 109–364; 120 Stat. 2446) is amended 

by striking ‘‘Babadag Range’’ and inserting ‘‘Mihail Kogalniceanu 

Air Base’’. 

(b) SPELLING ERROR RELATING TO ARMY FAMILY HOUSING.— 

The table in section 2102(a) of the Military Construction Authorization Act for 2007 (division B of Public Law 109–364; 120 Stat. 

2446) is amended by striking ‘‘Fort McCoyine’’ and inserting ‘‘Fort 

McCoy’’. 

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2006 PROJECT. 

(a) MODIFICATION.—The table in section 2101(a) of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3485) is amended in the item 

relating to Fort Bragg, North Carolina, by striking ‘‘$301,250,000’’ 

in the amount column and inserting ‘‘$308,250,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2104(b)(5) of that Act 

(119 Stat. 3488) is amended by striking ‘‘$77,400,000’’ and inserting 

‘‘$84,400,000’’. 

SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2005 PROJECT. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2116), the authorization set forth in the table in subsection (b), as provided in section 

2101 of that Act (118 Stat. 2101), shall remain in effect until 

October 1, 2008, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2009, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Schofield Barracks, Hawaii ............ Training facility ................... $35,542,000 


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SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, 

MIAMI-DORAL, FLORIDA. 

(a) GROUND LEASE AUTHORIZED.—The Secretary of the Army 

may utilize the State of Florida property as described in sublease 

number 4489–01, entered into between the State of Florida and 

the United States (in this section referred to as the ‘‘ground lease’’), 

for the purpose of constructing a consolidated headquarters facility 

for the United States Southern Command (SOUTHCOM). 

(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may carry out the project to construct a new headquarters 

on property leased from the State of Florida when the following 

conditions have been met regarding the lease for the property: 

(1) The United States Government shall have the right 

to use the property without interruption until at least December 

31, 2055. 

(2) The United States Government shall have the right 

to use the property for general administrative purposes in 

the event the United States Southern Command relocates or 

vacates the property. 

(c) AUTHORITY TO OBTAIN GROUND LEASE OF ADJACENT PROPERTY.—The Secretary may obtain the ground lease of additional 

real property owned by the State of Florida that is adjacent to 

the real property leased under the ground lease for purposes of 

completing the construction of the SOUTHCOM headquarters 

facility, as long as the additional terms of the ground lease required 

by subsection (b) apply to such adjacent property. 

(d) LIMITATION.—The Secretary may not obligate or expend 

funds appropriated pursuant to the authorization of appropriations 

in section 2104(a)(1) for the construction of the SOUTHCOM headquarters facility authorized under section 2101(a) until the Secretary transmits to the congressional defense committees a modification to the ground lease signed by the United States Government 

and the State of Florida in accordance with subsection (b). 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for 

which funds were not appropriated. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project. 

Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, 

Washington County, North Carolina. 

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

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 


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Navy: Inside the United States 

State Installation or Location Amount 

Alabama ............. Outlying Field Evergreen ............................. $9,560,000 

Arizona .............. Marine Corps Air Station, Yuma ................. $33,720,000 

California ........... Marine Corps Air Station, Miramar ............ $26,760,000 

Marine Corps Base, Camp Pendleton .......... $264,360,000 

Marine Corps Base, Twentynine Palms ...... $142,619,000 

Naval Station, San Diego ............................. $3,000,000 

Naval Support Activity, Monterey ............... $9,780,000 

Submarine Base, San Diego ......................... $23,630,000 

Connecticut ........ Submarine Base, New London ..................... $21,160,000 

Florida ............... Marine Corps Logistics Base, Blount Island $10,240,000 

Naval Support Activity, Cape Canaveral .... $9,900,000 

Naval Surface Warfare Center, Panama 

City.

$13,870,000 

Naval Training Center, Corry Field ............ $3,140,000 

Georgia .............. Marine Corps Logistics Base ........................ $9,980,000 

Hawaii ............... Marine Corps Air Station, Kaneohe ............ $37,961,000 

Naval Base, Pearl Harbor ............................. $99,860,000 

Naval Station Pearl Harbor, Wahiawa ........ $65,410,000 

Pearl Harbor Naval Shipyard ...................... $30,200,000 

Illinois ................ Naval Training Center, Great Lakes ........... $10,221,000 

Indiana .............. Naval Support Activity, Crane ..................... $23,800,000 

Maine ................. Portsmouth Naval Shipyard ......................... $9,700,000 

Maryland ........... Naval Air Warfare Center, Patuxent River $38,360,000 

Naval Surface Warfare Center, Indian 

Head.

$9,450,000 

Mississippi ......... Naval Air Station, Meridian ......................... $6,770,000 

Nevada ............... Naval Air Station, Fallon ............................. $11,460,000 

New Jersey ........ Naval Air Warfare Center, Lakehurst ......... $4,100,000 

North Carolina .. Marine Corps Air Station, Cherry Point ..... $28,610,000 

Marine Corps Air Station, New River ......... $58,700,000 

Marine Corps Base, Camp Lejeune ............. $248,930,000 

Rhode Island ..... Naval Station, Newport ................................ $13,760,000 

South Carolina .. Marine Corps Air Station, Beaufort ............ $10,300,000 

Marine Corps Recruit Depot, Parris Island $55,282,000 

Texas .................. Naval Air Station, Corpus Christi ............... $14,290,000 

Virginia .............. Marine Corps Base, Quantico ....................... $50,519,000 

Naval Station, Norfolk .................................. $79,560,000 

Naval Support Activity, Chesapeake ........... $8,450,000 

Naval Surface Warfare Center, Dahlgren ... $10,000,000 

Washington ....... Naval Air Station, Whidbey Island .............. $34,520,000 

Naval Station, Bremerton ............................. $190,960,000 

Naval Station, Everett .................................. $10,940,000 

Naval Station, Kitsap .................................... $6,130,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ............................ Southwest Asia .................................... $35,500,000 

Diego Garcia .................... Naval Support Facility, Diego Garcia $7,150,000 

Djibouti ............................ Camp Lemonier ................................... $22,390,000 


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Navy: Outside the United States—Continued 

Country Installation or Location Amount 

Guam ............................... Naval Activities, Guam ....................... $278,818,000 

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(3), the Secretary of the Navy may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified ... Wharf Utilities Upgrade ..................... $8,900,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(6)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations, in the number of units, and in the 

amounts set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

California ................ Twentynine Palms ...................... N/A ..... $4,800,000 

Mariana Islands ..... Naval Activities, Guam .............. 73 ........ $57,167,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(6)(A), the Secretary of the Navy may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of military family 

housing units in an amount not to exceed $3,172,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may 

improve existing military family housing units in an amount not 

to exceed $237,990,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Navy in the total amount of 

$2,885,317,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $1,628,762,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $292,946,000. 


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122 STAT. 512 PUBLIC LAW 110–181—JAN. 28, 2008 

(3) For military construction projects at unspecified world- wide locations authorized by section 2201(c), $11,600,000. 

(4) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$10,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$113,017,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $293,129,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $371,404,000. 

(7) For the construction of increment 2 of the construction 

of an addition to the National Maritime Intelligence Center, 

Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2448), $52,069,000. 

(8) For the construction of increment 3 of recruit training 

barracks infrastructure upgrade at Recruit Training Command, 

Great Lakes, Illinois, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490), $16,650,000. 

(9) For the construction of increment 3 of wharf upgrades 

at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490), $8,750,000. 

(10) For the construction of increment 2 of the Bachelor 

Enlisted Quarters Homeport Ashore Program at Bremerton, 

Washington (formerly referred to as a project at Naval Station, 

Everett), authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3490), $47,240,000. 

(11) For the construction of increment 4 of the limited 

area production and storage complex at Naval Submarine Base, 

Kitsap, Bangor, Washington (formerly referred to as a project 

at the Strategic Weapons Facility Pacific, Bangor), authorized 

by section 2201(a) of the Military Construction Authorization 

Act of Fiscal Year 2005 (division B of Public Law 108–375; 

118 Stat. 2105), as amended by section 2206 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3493), $39,750,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). (2) $50,000,000 (the balance of the amount authorized 

under section 2201(a) for a submarine drive-in magnetic 

silencing facility in Pearl Harbor, Hawaii). 

(3) $50,912,000 (the balance of the amount authorized 

under section 2201(b) for construction of a wharf extension 

in Apra Harbor, Guam). 


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(4) $71,200,000 (the balance of the amount authorized 

under section 2201(a) for a nuclear aircraft carrier maintenance 

pier at Naval Station Bremerton, Washington). 

SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2007 NAVY PROJECTS FOR WHICH FUNDS WERE NOT 

APPROPRIATED. 

(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 

120 Stat. 2449) is amended— 

(1) in the item relating to Marine Corps Base, Twentynine Palms, California, by striking ‘‘$27,217,000’’ in the amount 

column and inserting ‘‘$8,217,000’’; 

(2) by striking the item relating to Naval Support Activity, 

Monterey, California; 

(3) by striking the item relating to Naval Submarine Base, 

New London, Connecticut; 

(4) by striking the item relating to Cape Canaveral, Florida; 

(5) in the item relating to Marine Corps Logistics Base, Albany, Georgia, by striking ‘‘$70,540,000’’ in the amount 

column and inserting ‘‘$62,000,000’’; 

(6) by striking the item relating to Naval Magazine, Pearl 

Harbor, Hawaii; 

(7) by striking the item relating to Naval Shipyard, Pearl 

Harbor, Hawaii; 

(8) by striking the item relating to Naval Support Activity, 

Crane, Indiana; 

(9) by striking the item relating to Portsmouth Naval Shipyard, Maine; 

(10) by striking the item relating to Naval Air Station, 

Meridian, Mississippi; 

(11) by striking the item relating to Naval Air Station, 

Fallon, Nevada; 

(12) by striking the item relating to Marine Corps Air 

Station, Cherry Point, North Carolina; 

(13) by striking the item relating to Naval Station, Newport, Rhode Island; 

(14) in the item relating to Marine Corps Air Station, 

Beaufort, South Carolina, by striking ‘‘$25,575,000’’ in the 

amount column and inserting ‘‘$22,225,000’’; 

(15) by striking the item relating to Naval Special Weapons 

Center, Dahlgren, Virginia; 

(16) in the item relating to Naval Support Activity, Norfolk, 

Virginia, by striking ‘‘$41,712,000’’ in the amount column and 

inserting ‘‘$28,462,000’’; 

(17) in the item relating to Naval Air Station, Whidbey 

Island, Washington, by striking ‘‘$67,303,000’’ in the amount 

column and inserting ‘‘$57,653,000’’; and 

(18) in the item relating to Naval Base, Kitsap, Washington, by striking ‘‘$17,617,000’’ in the amount column and 

inserting ‘‘$13,507,000’’. 

(b) TERMINATION OF MILITARY FAMILY HOUSING PROJECTS.— 

Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended by 

striking ‘‘$308,956,000’’ and inserting ‘‘$305,256,000’’. 

(c) CONFORMING AMENDMENTS.—Section 2204(a) of such Act 

(120 Stat. 2450) is amended— 


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(1) in the matter preceding paragraph (1), by striking ‘‘$2,109,367,000’’ and inserting ‘‘$1,946,867,000’’; and (2) in paragraph (1), by striking ‘‘$832,982,000’’ and inserting ‘‘$674,182,000’’. 

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2005 PROJECT. 

(a) MODIFICATION.—The table in section 2201(a) of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B 

of Public Law 108–375; 118 Stat. 2105), as amended by section 

2206 of the Military Construction Authorization Act for Fiscal Year 

2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 

2205 of the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2452), is 

amended— 

(1) in the item relating to Strategic Weapons Facility Pacific, Bangor, Washington, by striking ‘‘$147,760,000’’ in the 

amount column and inserting ‘‘$295,000,000’’; and 

(2) by striking the amount identified as the total in the amount column and inserting ‘‘$972,719,000’’. 

(b) CONFORMING AMENDMENT.—Section 2204 of the Military 

Construction Authorization Act for Fiscal Year 2005 (division B 

of Public Law 108–375; 118 Stat. 2107), as amended by section 

2206 of the Military Construction Authorization Act for Fiscal Year 

2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 

2205 of the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2453), is amended 

in subsection (b)(6), by striking ‘‘$95,320,000’’ and inserting 

‘‘$259,320,000’’. 

SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY 

OUTLYING LANDING FIELD, WASHINGTON COUNTY, 

NORTH CAROLINA. 

(a) REPEAL OF AUTHORIZATION.—The table in section 2201(a) 

of the Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1704) is amended 

by striking the item relating to Navy Outlying Landing Field, 

Washington County, North Carolina, as added by section 2205(a) 

of the Military Construction Authorization Act for Fiscal Year 2007 

(division B of Public Law 109–364; 120 Stat. 2452). 

(b) REPEAL OF INCREMENTAL FUNDING AUTHORITY.—Section 

2204(b) of that Act (117 Stat. 1706) is amended by striking paragraph (6). 

(c) EFFECT OF REPEAL.—The amendments made by this section 

do not affect the expenditure of funds obligated, before the effective 

date of this title, for the construction of the Navy Outlying Landing 

Field, Washington County, North Carolina, or the acquisition of 

real property to facilitate such construction. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects 

for which funds were not appropriated. 

Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects. 


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Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(1), 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations or 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Elmendorf Air Force Base ....................... $83,180,000 

Arizona .................... Davis-Monthan Air Force Base .............. $11,200,000 

Luke Air Force Base ................................ $5,500,000 

Arkansas ................. Little Rock Air Force Base ...................... $19,600,000 

California ................ Travis Air Force Base .............................. $37,400,000 

Colorado .................. Fort Carson .............................................. $13,500,000 

Schriever Air Force Base ........................ $24,500,000 

United States Air Force Academy .......... $15,000,000 

District of Columbia Bolling Air Force Base ............................ $2,500,000 

Florida ..................... Eglin Air Force Base ............................... $158,300,000 

MacDill Air Force Base ........................... $60,500,000 

Patrick Air Force Base ............................ $11,854,000 

Tyndall Air Force Base ........................... $52,514,000 

Georgia .................... Moody Air Force Base ............................. $7,500,000 

Robins Air Force Base ............................. $19,700,000 

Hawaii ..................... Hickam Air Force Base ........................... $31,971,000 

Illinois ..................... Scott Air Force Base ................................ $24,900,000 

Kansas ..................... Fort Riley .................................................. $12,515,000 

McConnell Air Force Base ...................... $6,300,000 

Massachusetts ......... Hanscom Air Force Base ......................... $12,800,000 

Mississippi .............. Columbus Air Force Base ........................ $9,800,000 

Missouri ................... Whiteman Air Force Base ....................... $11,400,000 

Montana .................. Malmstrom Air Force Base ..................... $7,000,000 

Nebraska ................. Offutt Air Force Base .............................. $16,952,000 

Nevada .................... Nellis Air Force Base ............................... $4,950,000 

New Mexico ............. Cannon Air Force Base ........................... $1,688,000 

Kirtland Air Force Base .......................... $15,100,000 

North Dakota .......... Grand Forks Air Force Base ................... $13,000,000 

Minot Air Force Base .............................. $18,200,000 

Oklahoma ................ Altus Air Force Base ............................... $2,000,000 

Tinker Air Force Base ............................. $34,600,000 

Vance Air Force Base .............................. $7,700,000 

South Carolina ........ Charleston Air Force Base ...................... $11,000,000 

Shaw Air Force Base ............................... $9,300,000 

South Dakota .......... Ellsworth Air Force Base ........................ $16,600,000 

Texas ....................... Goodfellow Air Force Base ...................... $5,800,000 

Lackland Air Force Base ......................... $14,000,000 

Laughlin Air Force Base ......................... $5,200,000 

Randolph Air Force Base ........................ $2,950,000 

Shepard Air Force Base .......................... $7,000,000 

Utah ......................... Hill Air Force Base .................................. $25,999,000 

Washington ............. Fairchild Air Force Base ......................... $6,200,000 

Wyoming ................. Francis E. Warren Air Force Base ......... $14,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(2), 


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the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany .......................... Ramstein Air Base .............................. $48,209,000 

Guam ............................... Andersen Air Force Base .................... $15,816,000 

Qatar ................................ Al Udeid Air Base ............................... $22,300,000 

Spain ................................ Moron Air Base .................................... $1,800,000 

United Kingdom .............. Royal Air Force Lakenheath .............. $17,300,000 

Royal Air Force Menwith Hill Station $41,000,000 

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(3), 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for unspecified installations 

or locations in the amount set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ...... Classified Project ................................. $1,500,000 

Classified-Special Evaluation Program.$12,328,000 

SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(6)(A), the Secretary of the Air Force may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Germany ................... Ramstein Air Base ...................... 117 .... $56,275,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities 

with respect to the construction or improvement of military family 

housing units in an amount not to exceed $12,210,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(6)(A), the Secretary of the Air Force may 

improve existing military family housing units in an amount not 

to exceed $259,262,000. 


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SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2007, for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,175,829,000, as 

follows: 

(1) For military construction projects inside the United 

States authorized by section 2301(a), $872,273,000. 

(2) For military construction projects outside the United 

States authorized by section 2301(b), $146,425,000. 

(3) For the military construction projects at unspecified 

worldwide locations authorized by section 2301(c), $13,828,000. 

(4) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$15,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$43,721,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $327,747,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $688,335,000. 

(7) For the construction of increments 3 and 4 of the 

main base runway at Edwards Air Force Base, California, 

authorized by section 2301(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3494), $43,500,000. 

(8) For the construction of increment 3 of the CENTCOM 

Joint Intelligence Center at MacDill Air Force Base, Florida, 

authorized by section 2301(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3494), as amended by section 2305 

of the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2456), 

$25,000,000. 

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE NOT 

APPROPRIATED. 

(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— 

The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 

120 Stat. 2453) is amended— 

(1) in the item relating to Elmendorf, Alaska, by striking 

‘‘$68,100,000’’ in the amount column and inserting 

‘‘$56,100,000’’; 

(2) in the item relating to Davis-Monthan Air Force Base, 

Arizona, by striking ‘‘$11,800,000’’ in the amount column and 

inserting ‘‘$4,600,000’’; 

(3) by striking the item relating to Little Rock Air Force 

Base, Arkansas; 

(4) in the item relating to Travis Air Force Base, California, 

by striking ‘‘$85,800,000’’ in the amount column and inserting 

‘‘$73,900,000’’; 


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122 STAT. 518 PUBLIC LAW 110–181—JAN. 28, 2008 

(5) by striking the item relating to Peterson Air Force 

Base, Colorado; 

(6) in the item relating to Dover Air Force, Delaware, by striking ‘‘$30,400,000’’ in the amount column and inserting 

‘‘$26,400,000’’; 

(7) in the item relating to Eglin Air Force Base, Florida, 

by striking ‘‘$30,350,000’’ in the amount column and inserting 

‘‘$19,350,000’’; 

(8) in the item relating to Tyndall Air Force Base, Florida, 

by striking ‘‘$8,200,000’’ in the amount column and inserting 

‘‘$1,800,000’’; 

(9) in the item relating to Robins Air Force Base, Georgia, 

by striking ‘‘$59,600,000’’ in the amount column and inserting 

‘‘$38,600,000’’; 

(10) in the item relating to Scott Air Force Base, Illinois, 

by striking ‘‘$28,200,000’’ in the amount column and inserting 

‘‘$20,000,000’’; 

(11) by striking the item relating to McConnell Air Force 

Base, Kansas; 

(12) by striking the item relating to Hanscom Air Force 

Base, Massachusetts; 

(13) by striking the item relating to Whiteman Air Force 

Base, Missouri; 

(14) by striking the item relating to Malmstrom Air Force 

Base, Montana; 

(15) in the item relating to McGuire Air Force Base, New 

Jersey, by striking ‘‘$28,500,000’’ in the amount column and 

inserting ‘‘$15,500,000’’; 

(16) by striking the item relating to Kirtland Air Force 

Base, New Mexico; 

(17) by striking the item relating to Minot Air Force Base, 

North Dakota; 

(18) in the item relating to Altus Air Force Base, Oklahoma, 

by striking ‘‘$9,500,000’’ in the amount column and inserting 

‘‘$1,500,000’’; 

(19) by striking the item relating to Tinker Air Force Base, 

Oklahoma; 

(20) by striking the item relating to Charleston Air Force 

Base, South Carolina; 

(21) in the item relating to Shaw Air Force Base, South 

Carolina, by striking ‘‘$31,500,000’’ in the amount column and 

inserting ‘‘$22,200,000’’; 

(22) by striking the item relating to Ellsworth Air Force 

Base, South Dakota; 

(23) by striking the item relating to Laughlin Air Force 

Base, Texas; 

(24) by striking the item relating to Sheppard Air Force 

Base, Texas; 

(25) in the item relating to Hill Air Force Base, Utah, 

by striking ‘‘$63,400,000’’ in the amount column and inserting 

‘‘$53,400,000’’; and 

(26) by striking the item relating to Fairchild Air Force 

Base, Washington. 

(b) CONFORMING AMENDMENTS.—Section 2304(a) of such Act 

(120 Stat. 2455) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$3,231,442,000’’ and inserting ‘‘$3,005,817,000’’; and 


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(2) in paragraph (1), by striking ‘‘$962,286,000’’ and 

inserting ‘‘$736,661,000’’. 

(c) EXCEPTION.—The termination of the authorization of a military construction project or land acquisition as a result of the 

amendment made by subsection (a) shall not apply with respect 

to a military construction project or land acquisition— 

(1) that was authorized by section 2301(a) of such Act; 

and 

(2) for which a contract for the construction or acquisition 

was entered into before October 1, 2007. 

SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2006 PROJECTS. 

(a) FURTHER MODIFICATION OF INSIDE THE UNITED STATES

PROJECT.—The table in section 2301(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public Law 

109–163; 119 Stat. 3494), as amended by section 2305(a) of the 

Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2456), is further amended— 

(1) in the item relating to Edwards Air Force Base, California, by striking ‘‘$103,000,000’’ in the amount column and 

inserting ‘‘$111,500,000’’; and 

(2) in the item relating to MacDill Air Force Base, Florida, 

by striking ‘‘$101,500,000’’ in the amount column and inserting 

‘‘$126,500,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2304(b) of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3496), as amended by section 

2305(b) of the Military Construction Authorization Act for Fiscal 

Year 2007 (division B of Public Law 109–364; 120 Stat. 2456), 

is further amended— 

(1) in paragraph (3), by striking ‘‘$66,000,000’’ and inserting ‘‘$74,500,000’’; and 

(2) in paragraph (4), by striking ‘‘$23,300,000’’ and inserting ‘‘$48,300,000’’. 

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2005 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2116), the authorizations set forth in the table in subsection (b), as provided in section 

2302 of that Act (118 Stat. 2110), shall remain in effect until 

October 1, 2008, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2009, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Davis-Monthan Air Force Base, 

Arizona.

Family housing (250 units) $48,500,000 

Vandenberg Air Force Base, California.Family housing (120 units) $30,906,000 

MacDill Air Force Base, Florida .... Family housing (61 units) ... $21,723,000 


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122 STAT. 520 PUBLIC LAW 110–181—JAN. 28, 2008 

Air Force: Extension of 2005 Project Authorizations—Continued 

Installation or Location Project Amount 

Housing maintenance facility.$1,250,000 

Columbus Air Force Base, Mississippi.Housing management facility.$711,000 

Whiteman Air Force Base, Missouri.Family housing (160 units) $37,087,000 

Seymour Johnson Air Force Base, 

North Carolina.

Family housing (167 units) $32,693,000 

Goodfellow Air Force Base, Texas Family housing (127 units) $20,604,000 

Ramstein Air Base, Germany ........ USAFE Theater Aerospace 

Operations Support Center.

$24,024,000 

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2004 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2004 (division B 

of Public Law 108–136; 117 Stat. 1716), authorizations set forth 

in the table in subsection (b), as provided in section 2302 of that 

Act (117 Stat. 1710) and extended by section 2702 of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B 

of Public Law 109–364; 120 Stat. 2464), shall remain in effect 

until October 1, 2008, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2009, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Travis Air Force Base, California .. Family housing (56 units) ... $12,723,000 

Eglin Air Force Base, Florida ........ Family housing (279 units) $32,166,000 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Termination or modification of authority to carry out certain fiscal year 

2007 Defense Agencies projects. 

Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, 

and Pueblo Chemical Activity, Colorado. 

Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(1), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following tables: 


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Defense Education Activity 

State Installation or Location Amount 

North Carolina Marine Corps Base, Camp Lejeune .................... $2,014,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia Bolling Air Force Base ............................... $1,012,000 

Defense Logistics Agency 

State Installation or Location Amount 

California ........ Port Loma Annex ................................................. $140,000,000 

Florida ............ Naval Air Station, Key West ............................... $1,874,000 

Hawaii ............. Hickam Air Force Base ........................................ $11,900,000 

New Mexico .... Kirtland Air Force Base ....................................... $1,800,000 

Ohio ................. Defense Supply Center, Columbus ..................... $4,000,000 

Pennsylvania .. Defense Distribution Depot, New Cumberland $21,000,000 

Virginia ........... Fort Belvoir ........................................................... $5,000,000 

National Security Agency 

State Installation or Location Amount 

Maryland ........ Fort Meade ............................................................ $11,901,000 

Special Operations Command 

State Installation or Location Amount 

California ........ Marine Corps Base, Camp Pendleton ................. $20,030,000 

Naval Amphibious Base, Coronodo ..................... $12,000,000 

Florida ............ Hurlburt Field ...................................................... $29,111,000 

MacDill Air Force Base ........................................ $47,700,000 

Georgia ............ Fort Benning ......................................................... $35,000,000 

Hunter Army Air Field ........................................ $13,800,000 

Kentucky ......... Fort Campbell ....................................................... $53,500,000 

Mississippi ...... Stennis Space Center ........................................... $10,200,000 

New Mexico .... Cannon Air Force Base ........................................ $7,500,000 

North Carolina Fort Bragg ............................................................. $47,250,000 

Marine Corps Base, Camp Lejeune .................... $28,210,000 

Virginia ........... Dam Neck ............................................................. $113,800,000 

Naval Amphibious Base, Little Creek ................ $48,000,000 

Washington ..... Fort Lewis ............................................................. $77,000,000 

TRICARE Management Activity 

State Installation or Location Amount 

Florida ............ MacDill Air Force Base ........................................ $5,000,000 

Illinois ............. Naval Hospital, Great Lakes ............................... $99,000,000 

New York ........ Fort Drum ............................................................. $41,000,000 

Texas ............... Camp Bullis .......................................................... $7,400,000 


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122 STAT. 522 PUBLIC LAW 110–181—JAN. 28, 2008 

TRICARE Management Activity—Continued 

State Installation or Location Amount 

Virginia ........... Naval Station, Norfolk ......................................... $6,450,000 

Washington ..... Fort Lewis ............................................................. $21,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(2), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following tables: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium ................ Sterrebeek ........................................................ $5,992,000 

Germany .............. Ramstein Air Base .......................................... $5,393,000 

Wiesbaden Air Base ........................................ $20,472,000 

Special Operations Command 

Country Installation or Location Amount 

Bahrain ................ Southwest Asia ................................................ $19,000,000 

Qatar .................... Al Udeid AB ..................................................... $52,852,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Germany .............. Spangdahlem Air Base ................................... $30,100,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(3), the Secretary of Defense may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified Classified Project ........................................ $1,887,000 

SEC. 2402. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2403(a)(7), the Secretary of Defense may 

carry out energy conservation projects under chapter 173 of title 

10, United States Code, in the amount of $70,000,000. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 523 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military 

departments) in the total amount of $1,763,120,000 as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $791,902,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $133,809,000. 

(3) For the military construction projects at unspecified 

worldwide locations authorized by section 2301(c), $1,887,000. 

(4) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $23,711,000. 

(5) For contingency construction projects of the Secretary 

of Defense under section 2804 of title 10, United States Code, 

$5,000,000. 

(6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$155,569,000. 

(7) For energy conservation projects authorized by section 

2402 of this Act, $70,000,000. 

(8) For military family housing functions: 

(A) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $48,848,000. 

(B) For credit to the Department of Defense Family 

Housing Improvement Fund established by section 

2883(a)(1) of title 10, United States Code, $500,000. 

(9) For the construction of increment 3 of the regional 

security operations center at Kunia, Hawaii, authorized by 

section 2401(a) of the Military Construction Authorization Act 

of Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3497), as amended by section 7017 of the Emergency 

Supplemental Appropriations Act for Defense, the Global War 

on Terror, and Hurricane Recovery, 2006 (Public Law 109– 

234; 120 Stat. 485), $136,318,000. 

(10) For the construction of increment 3 of the regional 

security operations center at Augusta, Georgia, authorized by 

section 2401(a) of the Military Construction Authorization Act 

of Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3497), as amended by section 7016 of the Emergency 

Supplemental Appropriations Act for Defense, the Global War 

on Terror, and Hurricane Recovery, 2006 (Public Law 109– 

234; 120 Stat. 485), $100,000,000. 

(11) For the construction of increment 2 of the health 

clinic replacement at MacDill Air Force Base, Florida, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of Public Law 109– 

364; 120 Stat. 2457), $41,400,000. 

(12) For the construction of increment 2 of the replacement 

of the Army Medical Research Institute of Infectious Diseases 

at Fort Detrick, Maryland, authorized by section 2401(a) of 

the Military Construction Authorization Act of Fiscal Year 2007 

(division B of Public Law 109–364; 120 Stat. 2457), 

$150,000,000. 

(13) For the construction of increment 9 of a munitions 

demilitarization facility at Pueblo Chemical Activity, Colorado, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1997 (division B of Public 


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122 STAT. 524 PUBLIC LAW 110–181—JAN. 28, 2008 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839) and 

section 2407 of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2698), $35,159,000. 

(14) For the construction of increment 8 of a munitions 

demilitarization facility at Blue Grass Army Depot, Kentucky, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2000 (division B of Public 

Law 106–65; 113 Stat. 835), as amended by section 2405 of 

the Military Construction Authorization Act for Fiscal Year 

2002 (division B of Public Law 107–107; 115 Stat. 1298) and 

section 2405 of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2698), $69,017,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). 

(2) $84,300,000 (the balance of the amount authorized for 

the Defense Logistics Agency under section 2401(a) for the 

replacement of fuel storage facilities, Point Loma Annex, California). 

(3) $47,250,000 (the balance of the amount authorized for 

the Special Operations Command under section 2401(a) for 

a special operations forces operations facility at Dam Neck, 

Virginia). 

SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 

OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES 

PROJECTS. 

(a) TERMINATION OF PROJECTS FOR WHICH FUNDS WERE NOT

APPROPRIATED.—The table relating to Special Operations Command 

in section 2401(a) of the Military Construction Authorization Act 

for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 

2457) is amended— 

(1) by striking the item relating to Stennis Space Center, 

Mississippi; and 

(2) in the item relating to Fort Bragg, North Carolina, 

by striking ‘‘$51,768,000’’ in the amount column and inserting 

‘‘$44,868,000’’. 

(b) MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN BASE

CLOSURE AND REALIGNMENT ACTIVITIES.—Section 2405(a)(7) of that 

Act (120 Stat. 2460) is amended by striking ‘‘$191,220,000’’ and 

inserting ‘‘$252,279,000’’. 

(c) MODIFICATION OF MUNITIONS DEMILITARIZATION FACILITY

PROJECT.—Section 2405(a)(15) of that Act (120 Stat. 2461) is 

amended by striking ‘‘$99,157,000’’ and inserting ‘‘$89,157,000’’. 

(d) CONFORMING AMENDMENTS.—Section 2405(a) of that Act 

(120 Stat. 2460) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$7,163,431,000’’ and inserting ‘‘$7,197,390,000’’; and 


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(2) in paragraph (1), by striking ‘‘$533,099,000’’ and inserting ‘‘$515,999,000’’. 

SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS 

ARMY DEPOT, KENTUCKY, AND PUEBLO CHEMICAL 

ACTIVITY, COLORADO. 

(a) MUNITIONS DEMILITARIZATION FACILITY, BLUE GRASS ARMY

DEPOT.— 

(1) AUTHORITY TO INCREASE AMOUNT FOR CONSTRUCTION.— Consistent with the total project amount authorized for the 

construction a munitions demilitarization facility at Blue Grass 

Army Depot, Kentucky, by section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division 

B of Public Law 106–65; 113 Stat. 836), as amended by section 

2405 of the Military Construction Authorization Act for Fiscal 

Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) 

and section 2405 of the Military Construction Authorization 

Act for Fiscal Year 2003 (division B of Public Law 107–314; 

116 Stat. 2698), the Secretary of Defense may transfer amounts 

of authorizations made available by section 2403(a)(1) of this 

Act to increase amounts available for the construction of increment 8 of such munitions demilitarization facility. 

(2) AGGREGATE LIMIT.—The aggregate amount of authorizations that the Secretary may transfer under the authority of 

this subsection may not exceed $17,300,000. 

(b) MUNITIONS DEMILITARIZATION FACILITY, PUEBLO CHEMICAL

ACTIVITY.— 

(1) AUTHORITY TO INCREASE AMOUNT FOR CONSTRUCTION.— Consistent with the total project amount authorized for the 

construction a munitions demilitarization facility at Pueblo 

Chemical Activity, Colorado, by section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839) and 

section 2407 of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2698), the Secretary of Defense may transfer amounts 

of authorizations made available by section 2403(a)(1) of this 

Act to increase amounts available for the construction of increment 9 of such munitions demilitarization facility. 

(2) AGGREGATE LIMIT.—The aggregate amount of authorizations that the Secretary may transfer under the authority of 

this subsection may not exceed $32,000,000. 

(c) CERTIFICATION REQUIREMENT.—Before exercising the 

authority provided in subsection (a) or (b), the Secretary of Defense 

shall provide to the congressional defense committees— 

(1) a certification that the transfer under such subsection 

of amounts authorized to be appropriated is in the best interest 

of national security; and 

(2) a statement that the increased amount authorized to 

be appropriated will be used to carry out authorized military 

construction activities. 

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2005 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2005 


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(division B of Public Law 108–375; 118 Stat. 2116), the authorizations set forth in the table in subsection (b), as provided in section 

2401 of that Act (118 Stat. 2112), shall remain in effect until 

October 1, 2008, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2009, whichever is 

later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Defense Agencies: Extension of 2005 Project Authorizations 

Installation or Location Agency and Project Amount 

Naval Air Station, Oceana, Virginia .. DLA bulk fuel storage 

tank.

$3,589,000 

Naval Air Station, Jacksonville, Florida.TMA hospital project ..... $28,438,000 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

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

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2007, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501, in the amount of $201,400,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated. Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve 

construction and acquisition projects. 


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Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2610. Extension of authorizations of certain Fiscal Year 2004 projects. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(1)(A), the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army National Guard locations, and in the amounts, 

set forth in the following table: 

Army National Guard 

State Location Amount 

Alabama .......................... Springville ................................................ $3,300,000 

Arizona ............................ Florence .................................................... $10,870,000 

Arkansas ......................... Camp Robinson ........................................ $25,823,000 

California ......................... Camp Roberts .......................................... $2,850,000 

Sacramento Army Depot ......................... $21,000,000 

Connecticut ..................... Niantic ...................................................... $13,600,000 

Florida ............................. Camp Blanding ........................................ $15,524,000 

Jacksonville .............................................. $12,200,000 

Idaho ................................ Gowen Field ............................................. $7,615,000 

Orchard Training Area ........................... $1,700,000 

Illinois .............................. St. Clair County ....................................... $8,100,000 

Indiana ............................ Muscatatuck ............................................. $4,996,000 

Iowa ................................. Iowa City .................................................. $13,186,000 

Kentucky ......................... London ...................................................... $2,427,000 

Michigan .......................... Camp Grayling ......................................... $2,450,000 

Lansing ..................................................... $4,239,000 

Minnesota ........................ Camp Ripley ............................................. $17,450,000 

Mississippi ....................... Camp Shelby ............................................ $4,000,000 

Missouri ........................... Whiteman Air Force Base ....................... $30,000,000 

North Carolina ................ Asheville ................................................... $3,733,000 

North Dakota .................. Camp Grafton .......................................... $33,416,000 

Oregon ............................. Ontario ..................................................... $11,000,000 

Pennsylvania ................... Carlisle ..................................................... $7,800,000 

East Fallowfield Township ..................... $8,300,000 

Fort Indiantown Gap ............................... $9,500,000 

Gettysburg ................................................ $6,300,000 

Graterford ................................................ $7,300,000 

Hanover .................................................... $5,500,000 

Hazelton ................................................... $5,600,000 

Holidaysburg ............................................ $9,400,000 

Huntingdon .............................................. $7,500,000 

Kutztown .................................................. $6,800,000 

Lebanon .................................................... $7,800,000 

Philadelphia ............................................. $13,650,000 

Waynesburg ............................................. $9,000,000 

Rhode Island ................... East Greenwich ........................................ $8,200,000 

North Kingstown ..................................... $33,000,000 

Texas ................................ Camp Bowie ............................................. $1,500,000 

Fort Wolters ............................................. $2,100,000 

Utah ................................. North Salt Lake ....................................... $12,200,000 

Vermont ........................... Ethan Allen Range .................................. $1,996,000 

Virginia ............................ Fort Pickett .............................................. $26,211,000 

Winchester ............................................... $3,113,000 

West Virginia .................. Camp Dawson .......................................... $9,400,000 

Wyoming .......................... Camp Guernsey ....................................... $2,650,000 


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122 STAT. 528 PUBLIC LAW 110–181—JAN. 28, 2008 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(1)(B), the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army Reserve locations, and in the amounts, set 

forth in the following table: 

Army Reserve 

State Location Amount 

California ......................... BT Collins ................................................ $6,874,000 

Fort Hunter Liggett ................................. $7,035,000 

Garden Grove ........................................... $25,440,000 

Montana .......................... Butte ......................................................... $7,629,000 

New Jersey ...................... Fort Dix .................................................... $22,900,000 

New York ......................... Fort Drum ................................................ $15,923,000 

Texas ................................ Ellington Field ......................................... $15,000,000 

Fort Worth ............................................... $15,076,000 

Wisconsin ........................ Ellsworth .................................................. $9,100,000 

Fort McCoy ............................................... $8,523,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(a)(2), the Secretary of the Navy 

may acquire real property and carry out military construction 

projects for the Navy Reserve and Marine Corps Reserve locations, 

and in the amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

California ......................... Miramar ................................................... $5,580,000 

Michigan .......................... Selfridge ................................................... $4,030,000 

Ohio ................................. Wright-Patterson Air Force Base ........... $10,277,000 

Oregon ............................. Portland .................................................... $1,900,000 

South Dakota .................. Sioux Falls ............................................... $3,730,000 

Texas ................................ Austin ....................................................... $6,490,000 

Fort Worth ............................................... $27,484,000 

Virginia ............................ Quantico ................................................... $2,410,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(3)(A), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air National Guard locations, and in the amounts, 

set forth in the following table: 

Air National Guard 

State Location Amount 

Colorado .......................... Buckley Air National Guard Base ........ $7,300,000 

Delaware ......................... New Castle .............................................. $10,800,000 


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Air National Guard—Continued 

State Location Amount 

Florida ............................ Jacksonville International Airport ........ $6,000,000 

Georgia ........................... Savannah International Airport ........... $9,000,000 

Indiana ........................... Hulman Regional Airport ...................... $7,700,000 

Kansas ............................ Smoky Hill Air National Guard Range $9,000,000 

Louisiana ........................ Camp Beauregard ................................... $1,800,000 

Massachusetts ................ Otis Air National Guard Base ............... $1,800,000 

Barnes Air National Guard Base .......... $7,300,000 

Mississippi ...................... Key Field ................................................. $6,100,000 

Nebraska ........................ Lincoln ..................................................... $8,900,000 

Nevada ............................ Reno-Tahoe International Airport ........ $5,200,000 

New Hampshire ............. Pease Air National Guard Base ............ $8,900,000 

New Jersey ..................... Atlantic City ........................................... $9,800,000 

New York ........................ Gabreski Airport ..................................... $8,400,000 

Griffiss ..................................................... $6,600,000 

Hancock Field ......................................... $5,100,000 

North Carolina ............... Charlotte ................................................. $4,000,000 

Ohio ................................. Rickenbacker Air National Guard Base $7,600,000 

Pennsylvania .................. Fort Indiantown Gap ............................. $12,700,000 

Harrisburg .............................................. $1,000,000 

Rhode Island .................. Quonset State Airport ............................ $5,000,000 

South Dakota ................. Joe Foss Field ......................................... $7,900,000 

Tennessee ....................... Lovell Field ............................................. $8,200,000 

McGhee-Tyson Airport ........................... $3,200,000 

Memphis International Airport ............. $11,376,000 

Texas ............................... Ellington Field ........................................ $7,200,000 

Vermont .......................... Burlington ............................................... $6,600,000 

West Virginia ................. Eastern WV Regional Airport ............... $50,776,000 

Yeager ..................................................... $17,300,000 

Wisconsin ........................ Truax Field ............................................. $7,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606(3)(B), the Secretary of the Air Force 

may acquire real property and carry out military construction 

projects for the Air Force Reserve locations, and in the amounts, 

set forth in the following table: 

Air Force Reserve 

State Location Amount 

Alaska .............................. Elmendorf Air Force Base ....................... $14,950,000 

Utah ................................. Hill Air Force Base .................................. $3,200,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2007, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army— 


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(A) for the Army National Guard of the United States, 

$536,656,000; and 

(B) for the Army Reserve, $148,133,000. 

(2) For the Department of the Navy, for the Navy and 

Marine Corps Reserve, $64,430,000. 

(3) For the Department of the Air Force— 

(A) for the Air National Guard of the United States, 

$287,537,000; and 

(B) for the Air Force Reserve, $28,359,000. 

SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS 

WERE NOT APPROPRIATED. 

Section 2601 of the Military Construction Authorization Act 

for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 

2463) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘$561,375,000’’ 

and inserting ‘‘$476,697,000’’; and 

(B) in subparagraph (B), by striking ‘‘$190,617,000’’ 

and inserting ‘‘$167,987,000’’; 

(2) in paragraph (2), by striking ‘‘49,998,000’’ and inserting 

‘‘$43,498,000’’; and 

(3) in paragraph (3)— (A) in subparagraph (A), by striking ‘‘$294,283,000’’ and inserting ‘‘$133,983,000’’; and (B) in subparagraph (B), by striking ‘‘$56,836,000’’ and inserting ‘‘$47,436,000’’. 

SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 

2006 AIR FORCE RESERVE CONSTRUCTION AND ACQUISITION PROJECTS. 

Section 2601(3)(B) of the Military Construction Authorization 

Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3501) is amended by striking ‘‘$105,883,000’’ and inserting 

‘‘$102,783,000’’. 

SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2005 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2116), the authorizations set forth in the tables in subsection (b), as provided in section 

2601 of that Act (118 Stat. 2115), shall remain in effect until 

October 1, 2008, or the date of the enactment of an Act authorizing 

funds for military construction for fiscal year 2009, whichever is 

later. 

(b) TABLES.—The tables referred to in subsection (a) are as 

follows: 

Army National Guard: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Dublin, California ................................ Readiness center ............ $11,318,000 

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


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Army Reserve: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Corpus Christi (Robstown), Texas ...... Storage facility ............... $9,038,000 

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2004 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2004 (division B 

of Public Law 108–136; 117 Stat. 1716), the authorizations set 

forth in the table in subsection (b), as provided in section 2601 

of that Act (117 Stat. 1715) and extended by section 2702 of the 

Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 2464), shall remain in 

effect until October 1, 2008, or the date of the enactment of an 

Act authorizing funds for military construction for fiscal year 2009, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army National Guard: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Albuquerque, New Mexico ............. Readiness center .................. $2,533,000 

Fort Indiantown Gap, Pennsylvania.Multi-purpose training 

range.

$15,338,000 

TITLE XXVII—BASE CLOSURE AND 

REALIGNMENT ACTIVITIES 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2704. Authorized cost and scope of work variations for military construction 

and military family housing projects related to base closures and realignments. 

Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 

2005 to Department of Defense Housing Funds. 

Sec. 2706. Comprehensive accounting of funding required to ensure timely implementation of 2005 Defense Base Closure and Realignment Commission 

recommendations. 

Sec. 2707. Relocation of units from Roberts United States Army Reserve Center 

and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana. 

Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the realignment of the installation. 

Sec. 2709. Report on availability of traffic infrastructure and facilities to support 

base realignment. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2007, for base closure and realignment activities, including real property acquisition and military 


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construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act, in the total amount of $295,689,000, as follows: 

(1) For the Department of the Army, $98,716,000. 

(2) For the Department of the Navy, $50,000,000. 

(3) For the Department of the Air Force, $143,260,000. 

(4) For the Defense Agencies, $3,713,000. 

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

BASE CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2703, the Secretary of Defense may carry 

out base closure and realignment activities, including real property 

acquisition and military construction projects, as authorized by 

the Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

funded through the Department of Defense Base Closure Account 

2005 established by section 2906A of such Act, in the amount 

of $8,718,988,000. 

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

2005. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities, 

including real property acquisition and military construction 

projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note) and funded through the Department of Defense 

Base Closure Account 2005 established by section 2906A of such 

Act, in the total amount of $8,040,401,000, as follows: 

(1) For the Department of the Army, $4,015,746,000. 

(2) For the Department of the Navy, $733,695,000. 

(3) For the Department of the Air Force, $1,183,812,000. 

(4) For the Defense Agencies, $2,241,062,000. 

(b) GENERAL REDUCTION.—The amount otherwise authorized 

to be appropriated by subsection (a) is reduced by $133,914,000. 

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

MILITARY CONSTRUCTION AND MILITARY FAMILY 

HOUSING PROJECTS RELATED TO BASE CLOSURES AND 

REALIGNMENTS. 

(a) VARIATIONS AUTHORIZED.—Section 2905A of the Defense 

Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note) is amended by adding 

at the end the following new subsection: 

‘‘(f) AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.—(1) 

Subject to paragraphs (2) and (3), the cost authorized for a military 

construction project or military family housing project to be carried 

out using funds in the Account may not be increased or reduced 

by more than 20 percent or $2,000,000, whichever is greater, of 

the amount specified for the project in the conference report to 

accompany the Military Construction Authorization Act authorizing 


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the project. The scope of work for such a project may not be 

reduced by more than 25 percent from the scope specified in the 

most recent budget documents for the projects listed in such conference report. 

‘‘(2) Paragraph (1) shall not apply to a military construction 

project or military family housing project to be carried out using 

funds in the Account with an estimated cost of less than $5,000,000, 

unless the project has not been previously identified in any budget 

submission for the Account and exceeds the applicable minor 

construction threshold under section 2805 of title 10, United States 

Code. 

‘‘(3) The limitation on cost or scope variation in paragraph 

(1) shall not apply if the Secretary of Defense makes a determination that an increase or reduction in cost or a reduction in the 

scope of work for a military construction project or military family 

housing project to be carried out using funds in the Account needs 

to be made for the sole purpose of meeting unusual variations 

in cost or scope. If the Secretary makes such a determination, 

the Secretary shall notify the congressional defense committees 

of the variation in cost or scope not later than 21 days before 

the date on which the variation is made in connection with the 

project or, if the notification is provided in an electronic medium 

pursuant to section 480 of title 10, United States Code, not later 

than 14 days before the date on which the variation is made. 

The Secretary shall include the reasons for the variation in the 

notification.’’. 

(b) REPORT ON EXISTING PROJECTS.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report specifying all military construction projects and military family housing 

projects carried out using funds in the Department of Defense 

Base Closure Account 2005 for which a cost or scope of work 

variation was made before that date that would have been subject 

to subsection (f) of section 2905A of the Defense Base Closure 

and Realignment Act of 1990, as added by this section, if such 

subsection had been in effect when the cost or scope of work 

variation was made. The Secretary shall include a description of 

each variation covered by the report and the reasons for the variation. 

SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE 

BASE CLOSURE ACCOUNT 2005 TO DEPARTMENT OF 

DEFENSE HOUSING FUNDS. 

(a) TRANSFER AUTHORITY.—Subsection (c) of section 2883 of 

title 10, United States Code, is amended— 

(1) in paragraph (1), by adding at the end the following 

new subparagraph: 

‘‘(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in 

the Department of Defense Base Closure Account 2005.’’; and 

(2) in paragraph (2), by adding at the end the following 

new subparagraph: 

‘‘(G) Subject to subsection (f), any amounts that the Secretary of Defense transfers to that Fund from amounts in 

the Department of Defense Base Closure Account 2005.’’. 

(b) NOTIFICATION AND JUSTIFICATION FOR TRANSFER.—Subsection (f) of such section is amended— 

Notification. 

Deadlines. 


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(1) by striking ‘‘paragraph (1)(B) or (2)(B)’’ and inserting 

‘‘subparagraph (B) or (G) of paragraph (1) or subparagraph 

(B) or (G) of paragraph (2)’’; and 

(2) by adding at the end the following new sentence: ‘‘In 

addition, the notice required in connection with a transfer 

under subparagraph (G) of paragraph (1) or subparagraph (G) 

of paragraph (2) shall include a certification that the amounts 

to be transferred from the Department of Defense Base Closure 

Account 2005 were specified in the conference report to accompany the most recent Military Construction Authorization Act.’’. 

SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO 

ENSURE TIMELY IMPLEMENTATION OF 2005 DEFENSE 

BASE CLOSURE AND REALIGNMENT COMMISSION RECOMMENDATIONS. 

The Secretary of Defense shall submit to Congress with the 

budget materials for fiscal year 2009 a comprehensive accounting 

of the funding required to ensure that the plan for implementing 

the final recommendations of the 2005 Defense Base Closure and 

Realignment Commission remains on schedule for completion by 

September 15, 2011, as required by section 2904(c)(5) of the Defense 

Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note). 

SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES 

ARMY RESERVE CENTER AND NAVY-MARINE CORPS 

RESERVE CENTER, BATON ROUGE, LOUISIANA. 

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in paragraphs (1) and 

(2) of section 2703 for the purpose of siting an Army Reserve 

Center and Navy and Marine Corps Reserve Center on land under 

the control of the State of Louisiana adjacent to, or in the vicinity 

of, the Baton Rouge Metropolitan Airport in Baton Rouge, Louisiana, at a location determined by the Secretary to be in the 

best interest of national security and in the public interest. 

SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS PART OF THE REALIGNMENT OF THE 

INSTALLATION. 

(a) ACQUISITION AUTHORITY.—Pursuant to section 2905(a)(1)(A) 

of the Defense Base Closure and Realignment Act of 1990 (part 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 

the relocation of members of the Armed Forces and civilian 

employees of the Department of Defense who are scheduled to 

be relocated to Fort Belvoir, Virginia, shall be limited to the following locations: 

(1) Fort Belvoir. 

(2) A parcel of real property consisting of approximately 

69.5 acres, under the administrative jurisdiction of the Administrator of General Services (in this section referred to as the 

‘‘Administrator’’) and containing warehouse facilities in Springfield, Virginia (in this section referred to as the ‘‘GSA Property’’). 

(3) Any other parcels of land (using including any improvement thereon) that are acquired, using competitive procedures, 

in fee in the vicinity of Fort Belvoir. 

(b) ACQUISITION SELECTION CRITERIA.—The Secretary of the 

Army shall select the site to be used under subsection (a) based 


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on the best value to the Government, and, in making that determination, the Secretary shall consider cost and schedule. 

(c) GSA PROPERTY TRANSFER AUTHORIZED.—Pursuant to the 

relocation alternative authorized by subsection (a)(2), the Administrator may transfer the GSA Property to the administrative jurisdiction of the Secretary of the Army for the purpose of permitting 

the Secretary to construct facilities on the property to support 

administrative functions to be located at Fort Belvoir, Virginia. 

(d) IMPLEMENTATION OF GSA PROPERTY TRANSFER.— (1) CONSIDERATION.—As consideration for the transfer of 

the GSA Property under subsection (c), the Secretary of the 

Army shall— 

(A) pay all reasonable costs to move personnel, furnishings, equipment, and other material related to the 

relocation of functions identified by the Administrator; and 

(B) if determined to be necessary by the Administrator— 

(i) transfer to the administrative jurisdiction of 

the Administrator a parcel of property in the National 

Capital Region under the jurisdiction of the Secretary 

and determined to be suitable by the Administrator; 

(ii) design and construct storage facilities, utilities, 

security measures, and access to a road infrastructure 

on the parcel transferred under clause (i) to meet the 

requirements of the Administrator; and 

(iii) enter into a memorandum of agreement with 

the Administrator for support services and security 

at the new facilities constructed pursuant to clause 

(ii). 

(2) EQUAL VALUE TRANSFER.—As a condition of the transfer 

of the GSA Property under subsection (c), the transfer agreement shall provide that the fair market value of the GSA 

Property and the consideration provided under paragraph (1) 

shall be equal or, if not equal, shall be equalized through 

the use of a cash equalization payment. 

(3) DESCRIPTION OF PROPERTY.—The exact acreage and 

legal description of the GSA Property shall be determined by 

surveys satisfactory to the Administrator and the Secretary 

of the Army. 

(4) CONGRESSIONAL NOTICE.—Before undertaking an 

activity under subsection (c) that would require approval of 

a prospectus under section 3307 of title 40, United States 

Code, the Administrator shall provide to the Committee on 

Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of 

the Senate, and the congressional defense committees a written 

notice containing a description of the activity to be undertaken. 

(5) NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL

LAWS.—Nothing in this section or subsection (c) may be construed to affect or limit the application of or obligation to 

comply with any environmental law, including section 120(h) 

of the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (42 U.S.C. 9620(h)). 

(6) ADDITIONAL TERMS AND CONDITIONS.—The Administrator and the Secretary of the Army may require such additional terms and conditions in connection with the GSA Property transfer as the Administrator, in consultation with the 


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Secretary, determines appropriate to protect the interests of 

the United States and further the purposes of this section. 

(e) ADMINISTRATION OF TRANSFERRED OR ACQUIRED PROPERTY.—Upon completion of any property transfer or acquisition 

authorized by subsection (a), the property shall be administered 

by the Secretary of the Army as a part of Fort Belvoir. 

(f) STATUS REPORT.—Not later than March 1, 2008, the Secretary of the Army shall submit to the congressional defense 

committees a report on the status and estimated costs of implementing subsection (a). 

SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE 

AND FACILITIES TO SUPPORT BASE REALIGNMENT. 

(a) SENSE OF CONGRESS.— (1) DESIGNATION OF DEFENSE ACCESS ROADS.—It is the 

sense of Congress that roads leading onto Fort Belvoir, Virginia, 

and other military installations that will be significantly 

impacted by an increase in the number of members of the 

Armed Forces and civilian employees of the Department of 

Defense assigned to the installation as a result of the 2005 

round of defense base closures and realignments under the 

Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 

or any other significant impact resulting from a realignment 

of forces should be considered for designation as defense access 

roads for purposes of section 210 of title 23, United States 

Code. 

(2) FACILITIES AND INFRASTRUCTURE.—It is the sense of 

Congress that the Secretary of Defense should seek to ensure 

that the permanent facilities and infrastructure necessary to 

support the mission of the Armed Forces and the quality of 

life needs of members of the Armed Forces, civilian employees, 

and their families are ready for use at receiving locations 

before units are transferred to such locations as a result of 

the 2005 round of defense base closures and realignments. 

(b) STUDY OF MILITARY INFRASTRUCTURE AND SURFACE

TRANSPORTATION INFRASTRUCTURE.—Not later than April 1, 2008, 

the Comptroller General shall submit to the congressional defense 

committees a report with regard to each military installation that 

will be significantly impacted by an increase in assigned forces 

or civilian personnel, as described in subsection (a), for the purpose 

of determining whether— 

(1) military facility requirements (including quality of life 

projects) will be met before the arrival of assigned forces; and 

(2) the Department of Defense has programmed sufficient 

funding to mitigate community traffic congestion in accordance 

with the defense access roads program under section 210 of 

title 23, United States Code. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Sec. 2802. Clarification of requirement for authorization of military construction. 


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Sec. 2803. Increase in thresholds for unspecified minor military construction 

projects. 

Sec. 2804. Temporary authority to support revitalization of Department of Defense 

laboratories through unspecified minor military construction projects. 

Sec. 2805. Extension of authority to accept equalization payments for facility exchanges. 

Sec. 2806. Modifications of authority to lease military family housing. 

Sec. 2807. Expansion of authority to exchange reserve component facilities. 

Sec. 2808. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities. 

Sec. 2809. Two-year extension of temporary program to use minor military construction authority for construction of child development centers. 

Sec. 2810. Report on housing privatization initiatives. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Requirement to report real property transactions resulting in annual 

costs of more than $750,000. 

Sec. 2822. Continued consolidation of real property provisions without substantive 

change. 

Sec. 2823. Modification of authority to lease non-excess property of the military departments. 

Sec. 2824. Cooperative agreement authority for management of cultural resources 

on certain sites outside military installations. 

Sec. 2825. Agreements to limit encroachments and other constraints on military 

training, testing, and operations. 

Sec. 2826. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations. 

Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

Sec. 2828. Sense of Congress on Department of Defense actions to protect installations, ranges, and military airspace from encroachment. 

Sec. 2829. Reports on Army and Marine Corps operational ranges. 

Sec. 2830. Niagara Air Reserve Base, New York, basing report. 

Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado. 

Subtitle C—Land Conveyances 

Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California. 

Sec. 2842. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2844. Modification of lease of property, National Flight Academy at the National Museum of Naval Aviation, Naval Air Station, Pensacola, Florida. 

Sec. 2845. Land exchange, Detroit, Michigan. 

Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan. 

Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina. 

Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, 

Bismarck, North Dakota. 

Sec. 2849. Land exchange, Fort Hood, Texas. 

Subtitle D—Energy Security 

Sec. 2861. Repeal of congressional notification requirement regarding cancellation 

ceiling for Department of Defense energy savings performance contracts. 

Sec. 2862. Definition of alternative fueled vehicle. 

Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of Defense facilities. 

Sec. 2864. Reporting requirements relating to renewable energy use by Department 

of Defense to meet Department electricity needs. 

Subtitle E—Other Matters 

Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery. 

Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the 

Air Force. 

Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns 

at Arlington National Cemetery, Virginia. 

Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette 

Escadrille Memorial, Marnes-la-Coquette, France. 

Sec. 2875. Addition of Woonsocket local protection project. 

Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico. 

Sec. 2877. Establishment of national military working dog teams monument on 

suitable military installation. 


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Sec. 2878. Report required prior to removal of missiles from 564th Missile Squadron. Sec. 2879. Report on condition of schools under jurisdiction of Department of Defense Education Activity. Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort 

Hood Military Reservation, Texas. Sec. 2881. Report on feasibility of establishing a regional disaster response center 

at Kelly Air Field, San Antonio, Texas. Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States House of 

Representatives. Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the 

United States House of Representatives. Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, 

New York, in honor of the Honorable Sherwood L. Boehlert, a former 

member of the United States House of Representatives. Sec. 2885. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former 

member of the United States House of Representatives. Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster 

Center and School, Fort Lee, Virginia, in honor of General Richard H. 

Thompson. Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 

FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED 

STATES. 

(a) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (a) of 

section 2808 of the Military Construction Authorization Act for 

Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1723), as amended by section 2810 of the Military Construction 

Authorization Act for Fiscal Year 2005 (division B of Public Law 

108–375; 118 Stat. 2128), section 2809 of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public Law 

109–163; 119 Stat. 3508), and section 2802 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public 

Law 109–364; 120 Stat. 2466), is further amended by striking 

‘‘2007’’ and inserting ‘‘2008’’. 

(b) PRENOTIFICATION REQUIREMENT.—Subsection (b) of such section is amended by striking the first sentence and inserting the 

following new sentences: ‘‘Before using appropriated funds available 

for operation and maintenance to carry out a construction project 

outside the United States that has an estimated cost in excess 

of the amounts authorized for unspecified minor military construction projects under section 2805(c) of title 10, United States Code, 

the Secretary of Defense shall submit to the congressional committees specified in subsection (f) a notice regarding the construction 

project. The project may be carried out only after the end of the 

10-day period beginning on the date the notice is received by the 

committees or, if earlier, the end of the 7-day period beginning 

on the date on which a copy of the notification is provided in 

an electronic medium pursuant to section 480 of title 10, United 

States Code.’’. 

(c) ANNUAL LIMITATION ON USE OF AUTHORITY.—Subsection 

(c) of such section is amended to read as follows: 

‘‘(c) ANNUAL LIMITATION ON USE OF AUTHORITY.—The total 

cost of the construction projects carried out under the authority 


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of this section using, in whole or in part, appropriated funds available for operation and maintenance shall not exceed $200,000,000 

in a fiscal year.’’. 

(d) CONFORMING AMENDMENT.—Subsection (g) of such section 

is amended by striking ‘‘notice of the’’ and inserting ‘‘advance notice 

of the proposed’’. 

(e) RATIFICATION OF PROPOSED CONSTRUCTION AND LAND

ACQUISITION PROJECTS USING FISCAL YEAR 2007 OPERATION AND

MAINTENANCE FUNDS.—The nine construction projects outside the 

United States proposed to be carried out using funds appropriated 

to the Department of Defense for operation and maintenance for 

fiscal year 2007, but for which the obligation or expenditure of 

funds was prohibited by subsection (g) of section 2808 of the Military 

Construction Authorization Act for Fiscal Year 2004 (division B 

of Public Law 108–136; 117 Stat. 1723), as added by section 2809 

of the Military Construction Authorization Act for Fiscal Year 2006 

(division B of Public Law 109–163; 119 Stat. 3508), may be carried 

out using such funds after the date of the enactment of this Act 

notwithstanding such subsection (g). 

SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION 

OF MILITARY CONSTRUCTION. 

(a) CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION.—Section 2802(a) of title 10, United States Code, is amended by inserting 

after ‘‘military construction projects’’ the following: ‘‘, land acquisitions, and defense access road projects (as described under section 

210 of title 23)’’. 

(b) CLARIFICATION OF DEFINITION.—Section 2801(a) of such title 

is amended by inserting after ‘‘permanent requirements’’ the following: ‘‘, or any acquisition of land or construction of a defense 

access road (as described in section 210 of title 23)’’. 

SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS. 

Section 2805(a)(1) of title 10, United States Code, is amended 

by striking ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’. 

SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF 

DEPARTMENT OF DEFENSE LABORATORIES THROUGH 

UNSPECIFIED MINOR MILITARY CONSTRUCTION 

PROJECTS. 

(a) LABORATORY REVITALIZATION.—Section 2805 of title 10, 

United States Code, is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) LABORATORY REVITALIZATION.—(1) For the revitalization 

and recapitalization of laboratories owned by the United States 

and under the jurisdiction of the Secretary concerned, the Secretary 

concerned may obligate and expend— 

‘‘(A) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to 

carry out an unspecified minor military construction project 

costing not more than $2,000,000; or 

‘‘(B) from appropriations available to the Secretary concerned for military construction not otherwise authorized by 

law, amounts necessary to carry out an unspecified minor military construction project costing not more than $4,000,000. 


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‘‘(2) For an unspecified minor military construction project con- ducted 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 CONGRES- SIONAL NOTIFICATION.—’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘USE OF OPERATION AND

MAINTENANCE FUNDS.—’’ after ‘‘(c)’’; and 

(4) in subsection (e), as redesignated by subsection (a)(1), 

by inserting ‘‘PROHIBITION ON USE FOR NEW HOUSING UNITS.— ’’ after ‘‘(e)’’. 

SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR FACILITY EXCHANGES. 

Section 2809(c)(5) of the Military Construction Authorization 

Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 

Stat. 2127) is amended by striking ‘‘September 30, 2007’’ and 

inserting ‘‘September 30, 2010’’. 

SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY 

FAMILY HOUSING. 

(a) INCREASED MAXIMUM LEASE AMOUNT APPLICABLE TO CER- TAIN DOMESTIC ARMY FAMILY HOUSING LEASES.—Subsection (b) 

of section 2828 of title 10, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘paragraphs (3) and (4)’’ 

and inserting ‘‘paragraphs (3), (4), and (7)’’; 

(2) in paragraph (5), by striking ‘‘paragraphs (2) and (3)’’ 

and inserting ‘‘paragraphs (2), (3), and (7)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(7)(A) Not more than 600 housing units may be leased by 

the Secretary of the Army under subsection (a) for which the 

expenditure for the rental of such units (including the cost of 

utilities, maintenance, and operation) exceeds the maximum amount 

per unit per year in effect under paragraph (2) but does not exceed 

10 USC 18240 

note. 

Expiration date. 

Deadline. 

Reports. 

Procedures. 


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$18,620 per unit per year, as adjusted from time to time under 

paragraph (5). 

‘‘(B) The maximum lease amount provided in subparagraph 

(A) shall apply only to Army family housing in areas designated 

by the Secretary of the Army. 

‘‘(C) The term of a lease under subparagraph (A) may not 

exceed 2 years.’’. 

(b) FOREIGN MILITARY FAMILY HOUSING LEASES.—Subsection 

(e)(2) of such section is amended by striking ‘‘the Secretary of 

the Navy may lease not more than 2,800 units of family housing 

in Italy, and the Secretary of the Army may lease not more than 

500 units of family housing in Italy’’ and inserting ‘‘the Secretaries 

of the military departments may lease not more than 3,300 units 

of family housing in Italy’’. 

(c) INCREASED THRESHOLD FOR CONGRESSIONAL NOTIFICATION

FOR FOREIGN MILITARY FAMILY HOUSING LEASES.—Subsection (f) 

of such section is amended by striking ‘‘$500,000’’ and inserting 

‘‘$1,000,000’’. 

(d) REPORT REQUIRED.—Not later than March 1, 2008, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the rental of family housing in foreign 

countries (including the costs of utilities, maintenance, and operations) that exceed $60,000 per unit per year. The report shall 

include a list and description of rental units (including total gross 

square feet and number of bedrooms), location, rental cost, the 

requirement for the rental, and the options that the Secretary 

has available to decrease the costs associated with the rentals. 

SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE 

COMPONENT FACILITIES. 

Section 18240(a) of title 10, United States Code, is amended 

by striking ‘‘with a State’’ in the first sentence and inserting ‘‘with 

an Executive agency (as defined in section 105 of title 5), the 

United States Postal Service, or a State’’. 

SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR 

ACQUISITION AND IMPROVEMENT OF MILITARY 

HOUSING FOR PRIVATIZATION OF TEMPORARY LODGING 

FACILITIES. 

(a) LIMITATION ON PRIVATIZATION OF TEMPORARY LODGING

FACILITIES.—Notwithstanding any other provision of subchapter IV 

of chapter 169 of title 10, United States Code, the privatization 

of temporary lodging facilities under such subchapter is limited 

to the military installations authorized in subsection (b) until 120 

days after the date on which the report described in subsection 

(d)(1) is submitted. 

(b) AUTHORIZED INSTALLATIONS.—The military installations at 

which the privatization of temporary lodging facilities may proceed 

under subsection (a) are the following: 

(1) Redstone Arsenal, Alabama. 

(2) Fort Rucker, Alabama. 

(3) Yuma Proving Ground, Arizona. 

(4) Fort McNair, District of Columbia. 

(5) Fort Shafter, Hawaii. 

(6) Tripler Army Medical Center, Hawaii. 

(7) Fort Leavenworth, Kansas. 

(8) Fort Riley, Kansas. 

(9) Fort Polk, Louisiana. 

Applicability. 


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(10) Fort Sill, Oklahoma. 

(11) Fort Hood, Texas. 

(12) Fort Sam Houston, Texas. 

(13) Fort Myer, Virginia. 

(c) EFFECT OF LIMITATION.—The limitation imposed by subsection (a) prohibits the issuance of contract solicitations for the 

privatization of temporary lodging facilities at any military installation not specified in subsection (b). 

(d) REPORTING REQUIREMENTS.— (1) REPORT BY SECRETARY OF THE ARMY.—Not earlier than 

eight months after the date on which the notice of transfer 

associated with the military installations specified in subsection 

(b) is issued, the Secretary of the Army shall submit to the 

congressional defense committees and the Comptroller General 

a report that— 

(A) describes the implementation of the privatization 

of temporary lodging facilities at the installations specified 

in subsection (b); 

(B) evaluates the efficiency of the program; and 

(C) contains such recommendations as the Secretary 

considers appropriate regarding expansion of the program. 

(2) REPORT BY COMPTROLLER GENERAL.—Not later than 

90 days after receiving the report under paragraph (1), the 

Comptroller General shall submit to the congressional defense 

committees a review of both the privatization of temporary 

lodging facilities and the report of the Secretary. 

SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE 

MINOR MILITARY CONSTRUCTION AUTHORITY FOR 

CONSTRUCTION OF CHILD DEVELOPMENT CENTERS. 

(a) EXTENSION.—Subsection (e) of section 2810 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3510) is amended by striking 

‘‘September 30, 2007’’ and inserting ‘‘September 30, 2009’’. 

(b) REPORT REQUIRED.—Subsection (d) of such section is 

amended by striking ‘‘March 1, 2007’’ and inserting ‘‘March 1, 

2009’’. 

SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES. 

(a) REPORT REQUIRED.—Not later than March 31, 2008, the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing— 

(1) a list of all housing privatization transactions carried 

out by the Department of Defense that, as of such date, are 

behind schedule or in default; and 

(2) recommendations regarding the opportunities for the 

Federal Government to ensure that all terms of each housing 

privatization transaction are completed according to the original 

schedule and budget. 

(b) SPECIFIC INFORMATION REGARDING EACH TRANSACTION.— 

For each housing privatization transaction included in the report 

required by subsection (a), the report shall provide a description 

of the following: 

(1) The reasons for schedule delays, cost overruns, or 

default. 

(2) How solicitations and competitions were conducted for 

the project. 


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(3) How financing, partnerships, legal arrangements, 

leases, or contracts in relation to the project were structured. 

(4) Which entities, including Federal entities, are bearing 

financial risk for the project, and to what extent. 

(5) The remedies available to the Federal Government to 

restore the transaction to schedule or ensure completion of 

the terms of the transaction in question at the earliest possible 

time. 

(6) The extent to which the Federal Government has the 

ability to affect the performance of various parties involved 

in the project. 

(7) The remedies available to subcontractors to recoup liens 

in the case of default, non-payment by the developer or other 

party to the transaction or lease agreement, or re-structuring. 

(8) The remedies available to the Federal Government to 

affect receivership actions or transfer of ownership of the 

project. 

(9) The names of the developers for the project and any 

history of previous defaults or bankruptcies by these developers 

or their affiliates. 

(c) HOUSING PRIVATIZATION TRANSACTION DEFINED.—In this 

section, the term ‘‘housing privatization transaction’’ means any 

contract or other transaction for the construction or acquisition 

of military family housing or military unaccompanied housing 

entered into under the authority of subchapter IV of chapter 169 

of title 10, United States Code. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANSACTIONS RESULTING IN ANNUAL COSTS OF MORE THAN 

$750,000. 

(a) INCLUSION OF TRANSACTIONS INVOLVING DEFENSE AGEN- CIES.— (1) REQUIREMENT TO REPORT.—Subsection (a) of section 

2662 of title 10, United States Code, is amended— 

(A) in paragraph (1), by striking ‘‘, or his designee,’’ 

and inserting ‘‘or, with respect to a Defense Agency, the 

Secretary of Defense’’; and 

(B) in paragraph (3), by inserting after ‘‘military 

department’’ the following: ‘‘or the Secretary of Defense’’. 

(2) ANNUAL REPORT REGARDING MINOR TRANSACTIONS.— Subsection (b) of such section is amended by inserting after 

‘‘military department’’ the following: ‘‘and, with respect to 

Defense Agencies, the Secretary of Defense’’. 

(3) EXCEPTIONS.—Subsection (g) of such section is amended 

by adding at the end the following new paragraph: 

‘‘(4) In this subsection, the term ‘Secretary concerned’ includes, 

with respect to Defense Agencies, the Secretary of Defense.’’. 

(b) INCLUSION OF ADDITIONAL TRANSACTION.—Subsection (a)(1) 

of such section is amended by adding at the end the following 

new subparagraph: 

‘‘(G) Any transaction or contract action that results in, 

or includes, the acquisition or use by, or the lease or license 

to, the United States of real property, if the estimated annual 


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rental or cost for the use of the real property is more than 

$750,000.’’. 

SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT SUBSTANTIVE CHANGE. 

(a) CONSOLIDATION.—Section 2663 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(h) LAND ACQUISITION OPTIONS IN ADVANCE OF MILITARY

CONSTRUCTION PROJECTS.—(1) The Secretary of a military department may acquire an option on a parcel of real property before 

or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project 

of the military department under the jurisdiction of the Secretary. 

‘‘(2) As consideration for an option acquired under paragraph 

(1), the Secretary may pay, from funds available to the military 

department under the jurisdiction of the Secretary for real property 

activities, an amount that is not more than 12 percent of the 

appraised fair market value of the property.’’. 

(b) REPEAL OF SUPERSEDED PROVISION.— (1) REPEAL.—Section 2677 of such title is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 159 of such title is amended by striking 

the item relating to section 2677. 

SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS 

PROPERTY OF THE MILITARY DEPARTMENTS. 

(a) ELIMINATION OF AUTHORITY TO ACCEPT FACILITIES OPER- ATION SUPPORT AS IN-KIND CONSIDERATION.—Subsection (c)(1) of 

section 2667 of title 10, United States Code, is amended— 

(1) by redesignating subparagraph (E) as subparagraph 

(F); and 

(2) by striking subparagraph (D) and inserting the following 

new subparagraphs: 

‘‘(D) Provision or payment of utility services for the Secretary concerned. 

‘‘(E) Provision of real property maintenance services for 

the Secretary concerned.’’. 

(b) ELIMINATION OF AUTHORITY TO USE RENTAL AND CERTAIN

OTHER PROCEEDS FOR FACILITIES OPERATION SUPPORT.—Subsection 

(e)(1)(C) of such section is amended— 

(1) by adjusting the margins of clauses (ii) and (iii) to 

conform to the margin of clause (i); and 

(2) by striking clause (iv) and inserting the following new 

clauses: 

‘‘(iv) Payment of utility services. 

‘‘(v) Real property maintenance services.’’. 

(c) USE OF COMPETITIVE PROCEDURES FOR SELECTION OF CER- TAIN LESSEES.—Subsection (h) of such section is amended— 

(1) in paragraph (1), by striking ‘‘exceeds one year, and 

the fair market value of the lease’’ and inserting ‘‘exceeds 

one year, or the fair market value of the lease’’; 

(2) by redesignating paragraph (3) as paragraph (4); and 

(3) by striking paragraph (2) and inserting the following 

new paragraphs: 

‘‘(2) Paragraph (1) does not apply if the Secretary concerned 

determines that— 

‘‘(A) a public interest will be served as a result of the 

lease; and 


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‘‘(B) the use of competitive procedures for the selection 

of certain lessees is unobtainable or not compatible with the 

public benefit served under subparagraph (A). 

‘‘(3) Not later than 45 days before entering into a lease described 

in paragraph (1), the Secretary concerned shall submit to Congress 

written notice describing the terms of the proposed lease and— 

‘‘(A) the competitive procedures used to select the lessee; 

or 

‘‘(B) in the case of a lease involving the public benefit 

exception authorized by paragraph (2), a description of the 

public benefit to be served by the lease.’’. 

(d) TECHNICAL AMENDMENTS RELATED TO PRIOR-YEAR AMEND- MENT.—Subsection (e) of such section is amended— 

(1) in paragraph (1)(B)(ii), by striking ‘‘paragraph (4), (5), 

or (6)’’ and inserting ‘‘paragraph (3), (4), or (5)’’; and 

(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5). 

SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT 

OF CULTURAL RESOURCES ON CERTAIN SITES OUTSIDE 

MILITARY INSTALLATIONS. 

(a) EXPANDED AUTHORITY.—Section 2684 of title 10, United 

States Code, is amended— 

(1) in subsection (a), by striking ‘‘on military installations’’ 

and inserting ‘‘located on a site authorized by subsection (b)’’; 

(2) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.—To be covered 

by a cooperative agreement under subsection (a), cultural resources 

must be located— 

‘‘(1) on a military installation; or 

‘‘(2) on a site outside of a military installation, but only 

if the cooperative agreement will directly relieve or eliminate 

current or anticipated restrictions that would or might restrict, 

impede, or otherwise interfere, whether directly or indirectly, 

with current or anticipated military training, testing, or operations on a military installation.’’. 

(b) CULTURAL RESOURCE DEFINED.—Subsection (d) of such section, as redesignated by subsection (a)(2), is amended by adding 

at the end the following new paragraph: 

‘‘(5) An Indian sacred site, as defined in section 1(b)(iii) 

of Executive Order No. 13007.’’. 

SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS. 

(a) MANAGEMENT OF NATURAL RESOURCES OF ACQUIRED PROPERTY.—Subsection (d) of section 2684a of title 10, United States 

Code, is amended— 

(1) by redesignating paragraphs (3), (4), (5), and (6) as 

paragraphs (4), (5), (6), and (7), respectively; and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) An agreement with an eligible entity under this section 

may provide for the management of natural resources on real property in which the Secretary concerned acquires any right, title, 

Deadline. 

Notification. 


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or interest in accordance with this subsection and for the payment 

by the United States of all or a portion of the costs of such natural 

resource management if the Secretary concerned determines that 

there is a demonstrated need to preserve or restore habitat for 

the purpose described in subsection (a)(2).’’. 

(b) LIMITATION ON PORTION OF ACQUISITION COSTS BORNE BY

UNITED STATES.—Paragraph (4) of such subsection, as redesignated 

by subsection (a)(1), is amended— 

(1) by redesignating subparagraph (D) as subparagraph 

(E); 

(2) in subparagraph (C), by striking ‘‘equal to the fair 

market value’’ and all that follows through the period at the 

end and inserting ‘‘equal to, at the discretion of the Secretary 

concerned— 

‘‘(i) the fair market value of any property or interest in 

property to be transferred to the United States upon the request 

of the Secretary concerned under paragraph (5); or 

‘‘(ii) the cumulative fair market value of all properties 

or interests to be transferred to the United States under paragraph (5) pursuant to an agreement under subsection (a).’’; 

and 

(3) by inserting after subparagraph (C) the following new 

subparagraph: 

‘‘(D) The portion of acquisition costs borne by the United States 

under subparagraph (A) may exceed the amount determined under 

subparagraph (C), but only if— 

‘‘(i) the Secretary concerned provides written notice to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives containing— 

‘‘(I) a certification by the Secretary that the military 

value to the United States of the property or interest 

to be acquired justifies a payment in excess of the fair 

market value of the property or interest; and 

‘‘(II) a description of the military value to be obtained; 

and 

‘‘(ii) the contribution toward the acquisition costs of the 

property or interest is not made until at least 14 days after 

the date on which the notice is submitted under clause (i) 

or, if earlier, at least 10 days after the date on which a copy 

of the notice is provided in an electronic medium pursuant 

to section 480 of this title.’’. 

SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY 

PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNICIPAL SERVICES FOR MILITARY INSTALLATIONS. 

(a) EXPANSION OF PILOT PROGRAM.—Section 325 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 10 U.S.C. 2461 note) is amended— 

(1) in the section heading, by striking ‘‘ARMY’’ and inserting 

‘‘MILITARY’’; 

(2) in subsection (a)— 

(A) by striking ‘‘Secretary of the Army’’ and inserting 

‘‘Secretary of a military department’’; and 

(B) by striking ‘‘an Army installation’’ and inserting 

‘‘a military installation under the jurisdiction of the Secretary’’; and 

Certification. 

Notification. 


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(3) in subsection (d), by striking ‘‘The Secretary’’ and 

inserting ‘‘The Secretary of a military department’’. 

(b) PARTICIPATING INSTALLATIONS.—Subsection (c) of such section is amended by striking ‘‘two Army installations’’ and inserting 

‘‘three military installations from each military service’’. 

(c) EXTENSION OF DURATION OF PROGRAM.—Such section is 

further amended by striking subsections (e) and (f) and inserting 

the following new subsection: 

‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot program shall 

terminate on September 30, 2012. Any contract entered into under 

the pilot program shall terminate not later than that date.’’. 

SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE 

AIR NATIONAL GUARD BASE. 

The Secretary of Defense shall prohibit the use of Selfridge 

Air National Guard Base by commercial service aircraft. 

SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE 

ACTIONS TO PROTECT INSTALLATIONS, RANGES, AND 

MILITARY AIRSPACE FROM ENCROACHMENT. 

(a) FINDINGS.—In light of the initial report of the Department 

of Defense submitted pursuant to section 2684a(g) of title 10, United 

States Code, and of the RAND Corporation report entitled ‘‘The 

Thin Green Line: An Assessment of DoD’s Readiness and Environmental Protection Initiative to Buffer Installation Encroachment’’, 

Congress makes the following findings: 

(1) Development and loss of habitat in the vicinity of, 

or in areas ecologically related to, military installations, ranges, 

and airspace pose a continuing and significant threat to the 

readiness of the Armed Forces. 

(2) The Range Sustainability Program (RSP) of the Department of Defense, and in particular the Readiness and Environmental Protection Initiative (REPI) involving agreements 

pursuant to section 2684a of title 10, United States Code, 

have been effective in addressing this threat to readiness with 

regard to a number of important installations, ranges, and 

airspace. 

(3) The opportunities to take effective action to protect 

installations, ranges, and airspace from encroachment is in 

many cases transient, and delay in taking action will result 

in either higher costs or permanent loss of the opportunity 

effectively to address encroachment. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department of Defense should— 

(1) develop additional policy guidance on the further 

implementation of the Readiness and Environmental Protection 

Initiative (REPI), to include additional emphasis on protecting 

biodiversity and on further refining procedures; 

(2) give greater emphasis to effective cooperation and 

collaboration on matters of mutual concern with other Federal 

agencies charged with managing Federal land; and 

(3) ensure that each military department takes full advantage of the authorities provided by section 2684a of title 10, 

United States Code, in addressing encroachment adversely 

affecting, or threatening to adversely affect, the installations, 

ranges, and military airspace of the department. 

(c) REPORTING REQUIREMENT.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 


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shall review Chapter 6 of the initial report submitted to Congress 

under section 2684a(g) of title 10, United States Code, and report 

to the congressional defense committees on the specific steps, if 

any, that the Secretary plans to take, or recommends that Congress 

take, to address the issues raised in such chapter. 

SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL 

RANGES. 

(a) REPORT ON UTILIZATION AND POTENTIAL EXPANSION OF ARMY

OPERATIONAL RANGES.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

submit to the congressional defense committees a report containing 

an assessment of the Army operational ranges used to support 

training and range activities of the Army. The report shall include 

the following information: 

(1) The size, description, and mission-essential tasks supported by each Army operational range during fiscal year 2003. 

(2) A description of the projected changes in Army operational range requirements, including the size, characteristics, 

and attributes for mission-essential activities at each Army 

operational range and the extent to which any changes in 

requirements are a result of— 

(A) decisions made as part of the 2005 round of defense 

base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note); 

(B) the conversion of Army brigades to a modular format; 

(C) the Integrated Global Presence and Basing 

Strategy; 

(D) the proposal contained in the budget justification 

materials submitted in support of the Department of 

Defense budget for fiscal year 2008 to increase the size 

of the active component of the Army to 547,400 personnel 

by the end of fiscal year 2012 and any modification or 

acceleration contemplated in the budget submission for 

fiscal year 2009; or 

(E) high operational tempos or surge requirements. 

(3) The projected deficit or surplus of land at each Army 

operational range, and a description of the Army’s plan to 

address that projected deficit or surplus of land as well as 

the upgrade of range attributes at each existing Army operational range. 

(4) A description of the Army’s prioritization process and 

investment strategy to address the potential expansion or 

upgrade of Army operational ranges. 

(5) An analysis of alternatives to the expansion of Army 

operational ranges, including an assessment of the joint use 

of operational ranges under the jurisdiction, custody, or control 

of the Secretary of another military department. 

(6) An analysis of the cost of, potential military value 

of, and potential legal or practical impediments to, the expansion of the Joint Readiness Training Center at Fort Polk, Louisiana, through the acquisition of additional land adjacent to 

or in the vicinity of the installation. 

(7) An analysis of the impact of the proposal described 

in paragraph (2)(D) on the plan developed prior to such proposal 


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to relocate forces from Germany to the United States and 

vacate installations in Germany as part of the Integrated Global 

Presence and Basing Strategy, including a comparative analysis 

of— 

(A) the projected utilization of the three combat 

training centers of the Army if all of the six light infantry 

brigades proposed to be added to the active component 

of the Army would be based in the United States; and 

(B) the projected utilization of such ranges if at least 

one of those brigades would be based in Germany or if 

one of the brigades proposed to be relocated pursuant to 

the plan in paragraph (a)(2)(C) is retained in Germany. 

(8) If the analysis required by paragraph (7) indicates 

that the Joint Multi-National Readiness Center in Hohenfels, 

Germany, or the Army’s training complex at Grafenwoehr, Germany, would not be fully utilized under the basing scenarios 

analyzed, an estimate of the cost to replicate the training 

capability at that center in another location. 

(b) REPORT ON POTENTIAL EXPANSION OF MARINE CORPS OPERATIONAL RANGES.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of the Navy shall submit 

to the congressional defense committees a report containing an 

assessment of Marine Corps operational ranges used to support 

training and range activities of the Marine Corps. The report 

required shall include the following information: 

(1) The size, description, and mission-essential tasks supported by each major Marine Corps operational range during 

fiscal year 2003. 

(2) A description of the projected changes in Marine Corps 

operational range requirements, including the size, characteristics, and attributes for mission-essential activities at each range 

and the extent to which any changes in requirements are 

a result of the proposal contained in the fiscal year 2008 budget 

request to increase the size of the active component of the 

Marine Corps to 202,000 personnel by the end of fiscal year 

2012 and any modification or acceleration contemplated in the 

budget submission for fiscal year 2009. 

(3) The projected deficit or surplus of land at each major 

Marine Corps operational range, and a description of the Secretary’s plan to address that projected deficit or surplus of 

land as well as the upgrade of range attributes at each existing 

Marine Corps operational range. 

(4) A description of the Secretary’s prioritization process 

and investment strategy to address the potential expansion 

or upgrade of Marine Corps operational ranges. 

(5) An analysis of alternatives to the expansion of Marine 

Corps operational ranges, including an assessment of the joint 

use of operational ranges under the jurisdiction, custody, or 

control of the Secretary of another military department. 

(6) An analysis of the cost of, potential military value 

of, and potential legal or practical impediments to, the expansion of Marine Corps Base, Twentynine Palms, California, 

through the acquisition of additional land adjacent to or in 

the vicinity of that installation that is under the control of 

the Bureau of Land Management. 

(c) SUPPLEMENTAL REPORT.—Not later than 90 days after the 

date on which the second of the two reports required by subsections 


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(a) and (b) is submitted, the Secretary of Defense shall submit 

to the congressional defense committees a report containing the 

following information: 

(1) A description of initiatives by the Secretary of Defense 

to coordinate the range expansion activities of the Army and 

Marine Corps in order to gain efficiencies in investment and 

resource allocation. 

(2) An analysis of training requirements for the Army 

and the Marine Corps that could be accomplished through 

joint use of existing ranges. 

(3) An analysis of the responses provided by the Secretary 

of the Army under subsection (a)(5) and the Secretary of the 

Navy subsection (b)(5). 

(4) Any other matter that the Secretary of Defense considers to be of importance to ensure the effective and timely 

expansion of ranges to meet Army and Marine Corps training 

requirements. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Army operational range’’ has the meaning 

given the term ‘‘operational range’’ in section 101(e)(3) of title 

10, United States Code, except that the term is limited to 

operational ranges under the jurisdiction, custody, or control 

of the Secretary of the Army. 

(2) The term ‘‘Marine Corps operational range’’ has the 

meaning given the term ‘‘operational range’’ in section 101(e)(3) 

of such title, except that the term is limited to operational 

ranges under the jurisdiction, custody, or control of the Secretary of the Navy that are used by or available for use by 

the Marine Corps. 

(3) The term ‘‘range activities’’ has the meaning given 

that term in section 101(e)(2) of such title. 

SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT. 

Not later than March 1, 2008, the Secretary of the Air Force 

shall submit to the congressional defense committees a report containing a detailed plan of the current and future aviation assets 

that the Secretary expects will be based at Niagara Air Reserve 

Base, New York. The report shall include a description of all of 

the aviation assets that will be impacted by the series of relocations 

to be made to or from Niagara Air Reserve Base and the timeline 

for such relocations. 

SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLORADO. 

(a) REPORT ON THE PINON CANYON MANEUVER SITE.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army 

shall submit to the congressional defense committees a report 

on the Pinon Canyon Maneuver Site (referred to in this section 

as ‘‘the Site’’). 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following: 

(A) An analysis of whether existing training facilities 

at Fort Carson, Colorado, and the Site are sufficient to 

support the training needs of units stationed or planned 

to be stationed at Fort Carson, including the following: 


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(i) A description of any new training requirements 

or significant developments affecting training requirements for units stationed or planned to be stationed 

at Fort Carson since the 2005 Defense Base Closure 

and Realignment Commission found that the base has 

‘‘sufficient capacity’’ to support four brigade combat 

teams and associated support units at Fort Carson. 

(ii) A study of alternatives for enhancing training 

facilities at Fort Carson and the Site within their 

current geographic footprint, including whether these 

additional investments or measures could support additional training activities. 

(iii) A description of the current training calendar 

and training load at the Site, including— 

(I) the number of brigade-sized and battalionsized military exercises held at the Site since its 

establishment; 

(II) an analysis of the maximum annual 

training load at the Site, without expanding the 

Site; and 

(III) an analysis of the training load and projected training calendar at the Site when all brigades stationed or planned to be stationed at Fort 

Carson are at home station. 

(B) A report of need for any proposed addition of 

training land to support units stationed or planned to 

be stationed at Fort Carson, including the following: 

(i) A description of additional training activities, 

and their benefits to operational readiness, which 

would be conducted by units stationed at Fort Carson 

if, through leases or acquisition from consenting landowners, the Site were expanded to include— 

(I) the parcel of land identified as ‘‘Area A’’ 

in the Potential PCMS Land expansion map; 

(II) the parcel of land identified as ‘‘Area B’’ 

in the Potential PCMS Land expansion map; 

(III) the parcels of land identified as ‘‘Area 

A’’ and ‘‘Area B’’ in the Potential PCMS Land 

expansion map; 

(IV) acreage sufficient to allow simultaneous 

exercises of a light infantry brigade and a heavy 

infantry brigade at the Site; 

(V) acreage sufficient to allow simultaneous 

exercises of two heavy infantry brigades at the 

Site; 

(VI) acreage sufficient to allow simultaneous 

exercises of a light infantry brigade and a battalion 

at the Site; and 

(VII) acreage sufficient to allow simultaneous 

exercises of a heavy infantry brigade and a battalion at the Site. 

(ii) An analysis of alternatives for acquiring or 

utilizing training land at other installations in the 

United States to support training activities of units 

stationed at Fort Carson. 

Study. 


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(iii) An analysis of alternatives for utilizing other 

federally owned land to support training activities of 

units stationed at Fort Carson. 

(C) An analysis of alternatives for enhancing economic 

development opportunities in southeastern Colorado at the 

current Site or through any proposed expansion, including 

the consideration of the following alternatives: 

(i) The leasing of land on the Site or any expansion 

of the Site to ranchers for grazing. 

(ii) The leasing of land from private landowners 

for training. 

(iii) The procurement of additional services and 

goods, including biofuels and beef, from local 

businesses. 

(iv) The creation of an economic development fund 

to benefit communities, local governments, and 

businesses in southeastern Colorado. 

(v) The establishment of an outreach office to provide technical assistance to local businesses that wish 

to bid on Department of Defense contracts. 

(vi) The establishment of partnerships with local 

governments and organizations to expand regional 

tourism through expanded access to sites of historic, 

cultural, and environmental interest on the Site. 

(vii) An acquisition policy that allows willing 

sellers to minimize the tax impact of a sale. 

(viii) Additional investments in Army missions and 

personnel, such as stationing an active duty unit at 

the Site, including— 

(I) an analysis of anticipated operational benefits; and 

(II) an analysis of economic impacts to surrounding communities. 

(3) POTENTIAL PCMS LAND EXPANSION MAP DEFINED.—In 

this subsection, the term ‘‘Potential PCMS Land expansion 

map’’ means the June 2007 map entitled ‘‘Potential PCMS 

Land expansion’’. 

(b) COMPTROLLER GENERAL REVIEW OF REPORT.—Not later than 

180 days after the Secretary of Defense submits the report required 

under subsection (a), the Comptroller General of the United States 

shall submit to Congress a review of the report and of the justification of the Army for expansion at the Site. 

(c) PUBLIC COMMENT.—After the report required under subsection (b) is submitted to Congress, the Army shall solicit public 

comment on the report for a period of not less than 90 days. 

Not later than 30 days after the public comment period has closed, 

the Secretary shall submit to Congress a written summary of comments received. 

Subtitle C—Land Conveyances 

SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE 

CORPS BASE, CAMP PENDLETON, CALIFORNIA. 

Section 2851(a) of the Military Construction Authorization Act 

for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 

2219) is amended by striking ‘‘, notwithstanding any provision 

Deadline. 

Summary. 


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of State law to the contrary,’’, as added by section 2867 of Public 

Law 107–107 (115 Stat. 1334). 

SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA. 

(a) GRANT AUTHORIZED.—Secretary of the Air Force may use 

the authority provided by section 2668 of title 10, United States 

Code, to grant to the Mid Bay Bridge Authority an easement 

for a roadway right-of-way over such land at Eglin Air Force Base, 

Florida, as the Secretary determines necessary to facilitate the 

construction of a road connecting the northern landfall of the Mid 

Bay Bridge to Florida State Highway 85. 

(b) CONSIDERATION.—As consideration for the grant of the easement under subsection (a), the Mid Bay Bridge Authority shall 

pay to the Secretary an amount equal to the fair-market-value 

of the easement, as determined by the Secretary. 

(c) COSTS OF PROJECT.—As a condition of the grant of the 

easement under subsection (a), the Mid Bay Bridge Authority shall 

be responsible for all costs associated with the highway project 

described in such subsection, including all costs the Secretary determines to be necessary to address any impacts that the project 

may have on the defense missions at Eglin Air Force Base. 

SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN 

HAVEN, FLORIDA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to Florida State University (in this section referred 

to as the ‘‘University’’) all right, title, and interest of the United 

States in and to a parcel of real property, including improvements 

thereon, consisting of approximately 40 acres located at the Lynn 

Haven Fuel Depot in Lynn Haven, Florida, as a public benefit 

conveyance for the purpose of permitting the University to develop 

the property as a new satellite campus. 

(b) CONSIDERATION.— (1) IN GENERAL.—For the conveyance of the property under 

subsection (a), the University shall provide the United States 

with consideration in an amount that is acceptable to the 

Secretary, whether in the form of cash payment, in-kind consideration, or a combination thereof. 

(2) REDUCED TUITION RATES.—The Secretary may accept 

as in-kind consideration under paragraph (1) reduced tuition 

rates or scholarships for military personnel at the University. 

(c) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

University to cover costs to be incurred by the Secretary, or 

to reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a), including 

survey costs, appraisal costs, and other costs related to the 

conveyance. If amounts are collected from the University in 

advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 

Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the University. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out the conveyance under subsection 

(a) shall be credited to the fund or account that was used 

to cover the costs incurred by the Secretary in carrying out 

the conveyance. Amounts so credited shall be merged with 


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amounts in such fund or account and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) USE OF PROPERTY FOR OTHER THAN INTENDED PURPOSES.— If the Secretary determines at any time that the real property 

conveyed under subsection (a) is not being used in accordance 

with the purposes of the conveyance specified in such subsection, 

the University shall pay to the United States an amount equal 

to the fair market value of the property, as of the time of such 

determination. The fair market value of the property, excluding 

the value of any improvements made to the property by the University, shall be determined by the Secretary in accordance with Federal appraisal standards and procedures. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT 

ACADEMY AT THE NATIONAL MUSEUM OF NAVAL AVIATION, NAVAL AIR STATION, PENSACOLA, FLORIDA. 

Section 2850(a) of the Military Construction Authorization Act 

for Fiscal Year 2001 (division B of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted into 

law by Public Law 106–398; 114 Stat. 1654A–428)) is amended— 

(1) by striking ‘‘naval aviation and’’ and inserting ‘‘naval 

aviation,’’; and 

(2) by inserting before the period at the end the following: 

‘‘, and, as of January 1, 2008, to teach the science, technology, 

engineering, and mathematics disciplines that have an impact 

on and relate to aviation’’. 

SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

(2) CITY.—The term ‘‘City’’ means the City of Detroit, 

Michigan. 

(3) CITY LAND.—The term ‘‘City land’’ means the approximately 0.741 acres of real property, including any improvement 

thereon, as depicted on the exchange maps, that is commonly 

identified as 110 Mount Elliott Street, Detroit, Michigan. 

(4) COMMANDANT.—The term ‘‘Commandant’’ means the 

Commandant of the United States Coast Guard. 

(5) EDC.—The term ‘‘EDC’’ means the Economic Development Corporation of the City of Detroit. 

(6) EXCHANGE MAPS.—The term ‘‘exchange maps’’ means 

the maps entitled ‘‘Atwater Street Land Exchange Maps’’ prepared pursuant to subsection (f). 

(7) FEDERAL LAND.—The term ‘‘Federal land’’ means 

approximately 1.26 acres of real property, including any 

improvements thereon, as depicted on the exchange maps, that 

is commonly identified as 2660 Atwater Street, Detroit, 

Michigan, and under the administrative control of the United 

States Coast Guard. 


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(8) SECTOR DETROIT.—The term ‘‘Sector Detroit’’ means 

Coast Guard Sector Detroit of the Ninth Coast Guard District. 

(b) CONVEYANCE AUTHORIZED.—The Commandant of the Coast 

Guard, in coordination with the Administrator, may convey to the 

EDC all right, title, and interest of the United States in and 

to the Federal land. 

(c) CONSIDERATION.— 

(1) IN GENERAL.—As consideration for the conveyance under 

subsection (b)— 

(A) the City shall convey to the United States all 

right, title, and interest in and to the City land; and 

(B) the EDC shall construct a facility and parking 

lot acceptable to the Commandant of the Coast Guard. 

(2) EQUALIZATION PAYMENT OPTION.— 

(A) IN GENERAL.—The Commandant may, upon the 

agreement of the City and the EDC, waive the requirement 

to construct a facility and parking lot under paragraph 

(1)(B) and accept in lieu thereof an equalization payment 

from the City equal to the difference between the value, 

as determined by the Administrator at the time of transfer, 

of the Federal land and the City land. 

(B) AVAILABILITY OF FUNDS.—Any amounts received 

pursuant to subparagraph (A) shall be available to the 

Commandant, without further appropriation and until 

expended, to construct, expand, or improve facilities related 

to Sector Detroit’s aids to navigation or vessel maintenance. 

(d) CONDITIONS OF EXCHANGE.— 

(1) COVENANTS.—All conditions placed within the deeds 

of title shall be construed as covenants running with the land. 

(2) AUTHORITY TO ACCEPT QUITCLAIM DEED.—The Commandant may accept a quitclaim deed for the City land and 

may convey the Federal land by quitclaim deed. 

(3) ENVIRONMENTAL REMEDIATION.—Prior to the time of 

the exchange, the Coast Guard and the EDC shall remediate 

any and all contaminants existing on their respective properties 

to levels required by applicable State and Federal law. The 

Commandant and, as a condition of the exchange, the EDC 

shall make available for review and inspection any record 

relating to hazardous materials on the land to be exchanged 

under this section. The costs of remedial actions relating to 

hazardous materials on exchanged land shall be paid by those 

entities responsible for costs under applicable law. 

(e) AUTHORITY TO ENTER INTO LICENSE OR LEASE.—The Commandant may enter into a license or lease agreement with the 

Detroit Riverfront Conservancy for the use of a portion of the 

Federal land for the Detroit Riverfront Walk. Such license or lease 

shall be at no cost to the City and upon such other terms that 

are acceptable to the Commandant, and shall terminate upon the 

completion of the exchange authorized by this section, or the date 

specified in subsection (h), whichever occurs earlier. 

(f) MAP AND LEGAL DESCRIPTIONS OF LAND.— 

(1) IN GENERAL.—As soon as practicable after the date 

of enactment of this Act, the Commandant shall file with the 

Committee on Commerce, Science and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House of Representatives the maps, entitled 


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‘‘Atwater Street Land Exchange Maps’’, which depict the Federal land and the City lands and provide a legal description 

of each property to be exchanged. 

(2) FORCE OF LAW.—The maps and legal descriptions filed 

under paragraph (1) shall have the same force and effect as 

if included in this Act, except that the Commandant may correct 

typographical errors in the maps and each legal description. 

(3) PUBLIC AVAILABILITY.—Each map and legal description 

filed under paragraph (1) shall be on file and available for 

public inspection in the appropriate offices of the Coast Guard 

and the City. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Commandant 

may require such additional terms and conditions in connection 

with the exchange under this section as the Commandant considers 

appropriate to protect the interests of the United States. 

(h) EXPIRATION OF AUTHORITY TO CONVEY.—The authority to 

enter into the exchange authorized by this section shall expire 

three years after the date of enactment of this Act. 

SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, 

GROSSE ILE, MICHIGAN. 

(a) TRANSFER.—Administrative jurisdiction over the property 

described in subsection (b) is hereby transferred from the Administrator of the Environmental Protection Agency to the Secretary 

of the Interior. 

(b) PROPERTY DESCRIBED.—The property referred to in subsection (a) is the former Nike missile site located at the southern 

end of Grosse Ile, Michigan, as depicted on the map entitled ‘‘07– 

CE’’ on file with the Environmental Protection Agency and dated 

May 16, 1984. 

(c) ADMINISTRATION OF PROPERTY.—Subject to subsection (d), 

the Secretary of the Interior shall administer the property described 

in subsection (b)— 

(1) acting through the United States Fish and Wildlife 

Service; 

(2) as part of the Detroit River International Wildlife 

Refuge; and 

(3) for use as a habitat for fish and wildlife and as a 

recreational property for outdoor education and environmental 

appreciation. 

(d) MANAGEMENT OF REMEDIATION.—The Secretary of Defense, 

acting through the Army Corps of Engineers, shall manage and 

carry out environmental remediation activities with respect to the 

property described in subsection (b) that, at a minimum, achieve 

the standard sufficient to allow the property to be used as provided 

in subsection (c)(3). Such remediation activities, with the exception 

of long-term monitoring, shall be completed to achieve that standard 

not later than two years after the date of the enactment of this 

Act. The Secretary of Defense may use amounts made available 

from the account established by section 2703(a)(5) of title 10, United 

States Code, to carry out such remediation. 

(e) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 

U.S.C. 6901 et seq.). 

Deadline. 


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SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT 

BRAGG, NORTH CAROLINA. 

(a) REQUIREMENT TO CONVEY TRACT NO. 404–1 PROPERTY

WITHOUT CONSIDERATION.—Section 2836 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public 

Law 105–85; 111 Stat. 2005) is amended— 

(1) in subsection (a)(3), by striking ‘‘at fair market value’’ 

and inserting ‘‘without consideration’’; 

(2) in subsection (b), by striking paragraph (2) and inserting 

the following new paragraph: 

‘‘(2) The conveyances under paragraphs (2) and (3) of subsection 

(a) shall be subject to the condition that the County develop and 

use the conveyed properties for educational purposes and the 

construction of public school structures.’’; and 

(3) in subsection (c), by striking paragraph (2) and inserting 

the following new paragraph: 

‘‘(2) If the Secretary determines at any time that the real 

property conveyed under paragraph (2) or paragraph (3) of subsection (a) is not being used in accordance with subsection (b)(2), 

all right, title, and interest in and to the property conveyed under 

such paragraph, including any improvements thereon, shall revert, 

at the option of the Secretary, to the United States, and the United 

States shall have the right of immediate entry thereon.’’. 

(b) PAYMENT OF COSTS OF CONVEYANCE.—Such section is further amended by adding at the end the following new subsection: 

‘‘(f) PAYMENT OF COSTS OF CONVEYANCE OF TRACT NO. 404– 

1 PROPERTY.— 

‘‘(1) PAYMENT REQUIRED.—The Secretary shall require the 

County to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a)(3), including 

survey costs, costs related to environmental documentation, 

and other administrative costs related to the conveyance. If 

amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected 

exceeds the costs actually incurred by the Secretary to carry 

out the conveyance, the Secretary shall refund the excess 

amount to the County. 

‘‘(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account.’’. 

SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES 

ARMY RESERVE CENTER, BISMARCK, NORTH DAKOTA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the United Tribes Technical College all right, title, and interest of the United States in and to 

a parcel of real property, including improvements thereon, consisting of approximately 2 acres located at the Lewis and Clark 

United States Army Reserve Center, 3319 University Drive, Bismarck, North Dakota, for the purpose of supporting education at 

the United Tribes Technical College. 


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(b) REVERSIONARY INTEREST.— (1) IN GENERAL.—Subject to paragraph (2), if the Secretary 

determines at any time that the real property conveyed under 

subsection (a) is not being used in accordance with the purposes 

of the conveyance specified in such subsection, all right, title, 

and interest in and to the property shall revert, at the option 

of the Secretary, to the United States, and the United States 

shall have the right of immediate entry onto the property. 

Any determination of the Secretary under this subsection shall 

be made on the record after an opportunity for a hearing. 

(2) EXPIRATION.—The reversionary interest under paragraph (1) shall expire upon satisfaction of the following conditions: 

(A) The real property conveyed under subsection (a) 

is used in accordance with the purposes of the conveyance 

specified in such subsection for a period of not less than 

30 years following the date of the conveyance. 

(B) After the end of period specified in subparagraph 

(A), the United Tribes Technical College applies to the 

Secretary for the release of the reversionary interest. 

(C) The Secretary certifies, in a manner that can be 

filed with the appropriate land recordation office, that the 

condition under subparagraph (A) has been satisfied. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

United Tribes Technical College to cover costs to be incurred 

by the Secretary, or to reimburse the Secretary for costs 

incurred by the Secretary, to carry out the conveyance under 

subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related 

to the conveyance. If amounts are collected from the United 

Tribes Technical College in advance of the Secretary incurring 

the actual costs, and the amount collected exceeds the costs 

actually incurred by the Secretary to carry out the conveyance, 

the Secretary shall refund the excess amount to the United 

Tribes Technical College. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS. 

(a) EXCHANGE AUTHORIZED.—The Secretary of the Army may 

convey to the City of Copperas Cove, Texas (in this section referred 

to as the ‘‘City’’), all right, title, and interest of the United States 

Certification. 


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in and to a parcel of real property, including any improvements 

thereon, consisting of approximately 200 acres at Fort Hood, Texas, 

for the purpose of permitting the City to improve arterial transportation routes in the community. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall convey to the Secretary all right, 

title, and interest of the City in and to one or more parcels of 

real property that are acceptable to the Secretary. The fair market 

value of the real property acquired by the Secretary under this 

subsection shall be at least equal to the fair market value of 

the real property conveyed under subsection (a), as determined 

by appraisals acceptable to the Secretary. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by surveys satisfactory to the Secretary. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyances under this section, including 

survey costs related to the conveyances. If amounts are collected 

from the City in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually 

incurred by the Secretary to carry out the conveyances, the 

Secretary shall refund the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out the conveyances under this section 

shall be credited to the fund or account that was used to 

cover the costs incurred by the Secretary in carrying out the 

conveyances. Amounts so credited shall be merged with 

amounts in such fund or account and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

Subtitle D—Energy Security 

SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT 

REGARDING CANCELLATION CEILING FOR DEPARTMENT 

OF DEFENSE ENERGY SAVINGS PERFORMANCE CONTRACTS. 

Section 2913 of title 10, United States Code, is amended by 

striking subsection (e). 

SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE. 

Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C. 

13211(3)) is amended— 

(1) by striking ‘‘(3) the term’’ and inserting the following: 

‘‘(3) ALTERNATIVE FUELED VEHICLE.— ‘‘(A) IN GENERAL.—The term’’; and 

(2) by adding at the end the following: 


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‘‘(B) INCLUSIONS.—The term ‘alternative fueled vehicle’ 

includes— 

‘‘(i) a new qualified fuel cell motor vehicle (as 

defined in section 30B(b)(3) of the Internal Revenue 

Code of 1986); 

‘‘(ii) a new advanced lean burn technology motor 

vehicle (as defined in section 30B(c)(3) of that Code); 

‘‘(iii) a new qualified hybrid motor vehicle (as 

defined in section 30B(d)(3) of that Code); and 

‘‘(iv) any other type of vehicle that the Administrator demonstrates to the Secretary would achieve 

a significant reduction in petroleum consumption.’’. 

SEC. 2863. 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. 

10 USC 2911 

note. 


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(g) EFFECTIVE DATE.—The requirements of subsections (a) and 

(b) shall take effect one year after the date of the enactment 

of this Act. 

SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE 

ENERGY USE BY DEPARTMENT OF DEFENSE TO MEET 

DEPARTMENT ELECTRICITY NEEDS. 

(a) INITIAL REPORT.—Not later than 120 days after the date 

of the enactment of this Act, the Under Secretary of Defense for 

Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report containing the following information: 

(1) The extent to which energy from renewable energy 

sources is used to meet the electricity needs of the Department 

of Defense, to be stated as a percentage of total facility electricity use for the previous fiscal year. 

(2) The extent to which energy from renewable energy 

sources was procured through alternative financing methods, 

to be stated as a percentage of total renewable energy procurement and as a dollar amount for the previous fiscal year. 

(3) The extent to which energy from renewable energy 

sources was procured through the use of appropriated funds, 

to be stated as a percentage of total renewable energy procurement and as a dollar amount for the previous fiscal year. 

(4) A graphical illustration of energy use from renewable 

energy sources by the Department as a percentage of total 

facility electricity use over time, starting no later than fiscal 

year 2000 and running through fiscal year 2025, including 

projected future trends in renewable energy consumption 

through fiscal year 2025 in order to meet the goals for renewable energy set forth in section 2911(e) of title 10, United 

States Code, or other goals, as appropriate. 

(b) SUBSEQUENT REPORTS.—For fiscal year 2008 and each fiscal 

year thereafter, the information required by paragraphs (1) through 

(4) of subsection (a) shall be included in the Annual Energy Management Report prepared by the Under Secretary of Defense for 

Acquisition, Technology, and Logistics. 

(c) RENEWABLE ENERGY SOURCES DEFINED.—In this section, 

the term ‘‘renewable energy sources’’ has the meaning given that 

term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 

15852(b)). 

Subtitle E—Other Matters 

SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 

ANNEX TO ARLINGTON NATIONAL CEMETERY. 

Subsection (h) of section 2881 of the Military Construction 

Authorization Act for Fiscal Year 2000 (division B of Public Law 

106–65; 113 Stat. 879), as amended by section 2863 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division B 

of Public Law 107–107; 115 Stat. 1330), section 2851 of the Military 

Construction Authorization Act for Fiscal Year 2003 (division B 

of Public Law 107–314; 116 Stat. 2726), and section 2881 of the 

Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 115 Stat. 2153), is further amended 

10 USC 2911 

note. 


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by striking paragraphs (1) and (2) and inserting the following 

new paragraphs: 

‘‘(1) January 1, 2011; 

‘‘(2) the date on which the Navy Annex property is no 

longer required (as determined by the Secretary of Defense) 

for use as temporary office space; or 

‘‘(3) one year after the date on which the Secretary of 

the Army notifies the Secretary of Defense that the Navy 

Annex property is needed for the expansion of Arlington 

National Cemetery.’’. 

SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL 

TO DEPARTMENT OF THE AIR FORCE. 

(a) TRANSFER OF JURISDICTION.—Notwithstanding section 2881 

of the Military Construction Authorization Act for Fiscal Year 2000 

(division B of Public Law 106–65; 113 Stat. 879) and section 2863 

of the Military Construction Authorization Act for Fiscal Year 2002 

(division B of Public Law 107–107; 115 Stat. 1330; 40 U.S.C. 1003 

note), the Secretary of the Army may transfer administrative jurisdiction, custody, and control of the parcel of Federal land described 

in subsection (b)(1) of such section 2863 to the Secretary of the 

Air Force. 

(b) LIMITATION ON PAYMENT OF EXPENSES.—If the Air Force 

Memorial is transferred to the Secretary of the Air Force as authorized by subsection (a), the United States shall not pay any costs 

incurred for the maintenance and repair of the Air Force Memorial. 

SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE 

TOMB OF THE UNKNOWNS AT ARLINGTON NATIONAL 

CEMETERY, VIRGINIA. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Army and the 

Secretary of Veterans Affairs shall jointly submit to Congress a 

report setting forth the following: 

(1) The current plans of the Secretaries with respect to— 

(A) replacing the monument at the Tomb of the 

Unknowns at Arlington National Cemetery, Virginia; and 

(B) disposing of the current monument at the Tomb 

of the Unknowns, if it were removed and replaced. 

(2) An assessment of the feasibility and advisability of 

repairing the monument at the Tomb of the Unknowns rather 

than replacing it. 

(3) A description of the current efforts of the Secretaries 

to maintain and preserve the monument at the Tomb of the 

Unknowns. 

(4) An explanation of why no attempt has been made 

since 1989 to repair the monument at the Tomb of the 

Unknowns. 

(5) A comprehensive estimate of the cost of replacement 

of the monument at the Tomb of the Unknowns and the cost 

of repairing such monument. 

(6) An assessment of the structural integrity of the monument at the Tomb of the Unknowns. 

(b) LIMITATION ON ACTION.—The Secretary of the Army and 

the Secretary of Veterans Affairs may not take any action to replace 

the monument at the Tomb of the Unknowns at Arlington National 

Cemetery, Virginia, until 180 days after the date of the receipt 

by Congress of the report required by subsection (a). 

Notification. 


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(c) EXCEPTION.—The limitation in subsection (b) shall not prevent the Secretary of the Army or the Secretary of Veterans Affairs 

from repairing the current monument at the Tomb of the Unknowns 

or from acquiring any blocks of marble for uses related to such 

monument, subject to the availability of appropriations for those 

purposes. 

SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND 

PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, 

MARNES-LA-COQUETTE, FRANCE. 

Section 1065 of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1233) is amended— 

(1) in subsection (a)(2), by striking ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and 

(2) in subsection (e), by striking ‘‘under section 301(a)(4)’’. 

SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT. 

Section 2866 of the Military Construction Authorization Act 

for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 

2499) is amended by adding at the end the following new subsection: 

‘‘(d) WOONSOCKET LOCAL PROTECTION PROJECT.— 

‘‘(1) ASSUMPTION OF RESPONSIBILITY.—The Secretary of the 

Army, acting through the Chief of Engineers, shall assume 

responsibility for the annual operation and maintenance of 

the Woonsocket local protection project authorized by section 

10 of the Act of December 22, 1944 (commonly known as the 

Flood Control Act of 1944; 58 Stat. 892, chapter 665), including 

by acquiring, in accordance with paragraph (2), any interest 

of the city of Woonsocket, Rhode Island, in and to land and 

structures required for the continued operation and maintenance, repair, replacement, rehabilitation, and structural integrity of the project, as identified by the city, in coordination 

with the Secretary. 

‘‘(2) ACQUISITION.—As a condition on the Secretary’s 

assumption of responsibility for the Woonsocket local protection 

project under paragraph (1), the city of Woonsocket shall 

convey, not later than one year after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2008, 

to the Secretary of the Army, by quitclaim deed and without 

consideration, all right, title, and interest of the city in and 

to the Woonsocket local protection project, including any 

interest of the city in and to land and structures required 

for the continued operation and maintenance, repair, replacement, rehabilitation, and structural integrity of the project, 

as identified by the city.’’. 

SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT 

BUCHANAN, PUERTO RICO. 

Section 1507 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–355) is repealed. 

SEC. 2877. 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 

16 USC 431 note. 

Deadline. 


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establish and maintain, at a suitable location at Fort Belvoir, Virginia, or another military installation in the United States, a 

national monument to honor the sacrifice and service of United 

States Armed Forces working dog teams that have participated 

in the military operations of the United States. 

(b) LOCATION AND DESIGN OF MONUMENT.—The actual location 

and final design of the monument authorized by subsection (a) 

shall be subject to the approval of the Secretary. In selecting the 

military installation and site on such installation to serve as the 

location for the monument, the Secretary shall seek to maximize 

access to the resulting monument for both visitors and their dogs. 

(c) MAINTENANCE.—The maintenance of the monument authorized by subsection (a) by the National War Dogs Monument, Inc., 

shall be subject to such conditions regarding access to the monument, and such other conditions, as the Secretary considers appropriate to protect the interests of the United States. 

(d) LIMITATION ON PAYMENT OF EXPENSES.—The United States 

Government shall not pay any expense for the establishment or 

maintenance of the monument authorized by subsection (a). 

SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 

564TH MISSILE SQUADRON. 

(a) REPORT REQUIRED.—The Secretary of Defense shall submit 

to the congressional defense committees a report on the feasibility 

of establishing an association between the 120th Fighter Wing 

of the Montana Air National Guard and active duty personnel 

stationed at Malmstrom Air Force Base, Montana. In preparing 

the report, the Secretary shall include the following evaluations: 

(1) An evaluation of the requirement of the Air Force 

for additional F–15 aircraft active or reserve component force 

structure. 

(2) An evaluation of the airspace training opportunities 

in the immediate airspace around Great Falls International 

Airport Air Guard Station. 

(3) An evaluation of the impact of civilian operations on 

military operations at Great Falls International Airport. 

(4) An evaluation of the level of civilian encroachment 

on the facilities and airspace of the 120th Fighter Wing. 

(5) An evaluation of the support structure available, 

including active military bases nearby. 

(6) An evaluation of opportunities for additional association 

between the Montana National Guard and the 341st Space 

Wing. 

(b) LIMITATION ON REMOVAL PENDING REPORT.—Not more than 

40 missiles may be removed from the 564th Missile Squadron 

until 15 days after the report required in subsection (a) has been 

submitted. 

SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION 

OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY. 

(a) REPORT REQUIRED.—Not later than March 1, 2008, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the conditions of schools under the jurisdiction of the Department of Defense Education Activity. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) A description of each school under the control of the 

Secretary, including the location, year constructed, grades of 

20 USC 921 note. 


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attending children, maximum capacity, and current capacity 

of the school. 

(2) A description of the standards and processes used by 

the Secretary to assess the adequacy of the size of school 

facilities, the ability of facilities to support school programs, 

and the current condition of facilities. 

(3) A description of the conditions of the facility or facilities 

at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected 

facility deficiencies or inadequate conditions at each facility, 

and whether any of the facilities listed are temporary structures. 

(4) An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, 

and timelines to complete each project. 

(5) A description of requirements for new schools to be 

constructed over the next 10 years as a result of changes 

to the population of military personnel. 

(c) USE OF REPORT AS MASTER PLAN FOR REPAIR, UPGRADE, 

AND CONSTRUCTION OF SCHOOLS.—The Secretary shall use the 

report required under subsection (a) as a master plan for the 

repair, upgrade, and construction of schools in the Department 

of Defense system that support dependents of members of the 

Armed Forces and civilian employees of the Department of Defense. 

SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL 

ARMY MEDICAL CENTER, FORT HOOD MILITARY RESERVATION, TEXAS. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report assessing the 

facilities and operations of the Darnall Army Medical Center at 

Fort Hood Military Reservation, Texas. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following: 

(1) A specific determination of whether the facilities currently housing Darnall Army Medical Center meet Department 

of Defense standards for Army medical centers. 

(2) A specific determination of whether the existing facilities adequately support the operations of Darnall Army Medical 

Center, including the missions of medical treatment, medical 

hold, medical holdover, and Warriors in Transition. 

(3) A specific determination of whether the existing facilities provide adequate physical space for the number of personnel that would be required for Darnall Army Medical Center 

to function as a full-sized Army medical center. 

(4) A specific determination of whether the current levels 

of medical and medical-related personnel at Darnall Army Medical Center are adequate to support the operations of a fullsized Army medical center. 

(5) A specific determination of whether the current levels 

of graduate medical education and medical residency programs 

currently in place at Darnall Army Medical Center are adequate 

to support the operations of a full-sized Army medical center. 

(6) A description of any and all deficiencies identified by 

the Secretary. 


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(7) A proposed investment plan and timeline to correct 

such deficiencies. 

SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL 

DISASTER RESPONSE CENTER AT KELLY AIR FIELD, SAN 

ANTONIO, TEXAS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Federal response to Hurricane Katrina demonstrated the need for greater coordination and planning capability at the Federal, State, and local levels of government. 

(2) Coordination of State and local assets can be more 

effectively accomplished if such assets are organized on a 

regional basis similar to the manner in which the Federal 

Emergency Management Agency organizes its efforts. 

(3) Despite the obvious need for experienced and routinely 

exercised operational headquarters skilled in disaster response, 

no such headquarters have been established. 

(4) Such a headquarters would be appropriately located 

on available Federal property in Region VI of the Federal 

Emergency Management Agency, which includes Texas, Louisiana, Oklahoma, Arkansas, and New Mexico, and is a region 

subject to forest fires, floods, hurricanes, and tornadoes. 

(b) REPORT REQUIRED.—Not later than March 31, 2008, the 

Secretary of Defense, in coordination with the Secretary of Homeland Security, shall submit to Congress a report on the feasibility 

of establishing at Kelly Air Field in San Antonio, Texas, a permanent, regionally oriented disaster response center responsible for 

planning, coordinating, and directing the Federal, State, and local 

response to man-made and natural disasters that occur in Region 

VI of the Federal Emergency Management Agency. 

(c) CONTENT.—The report required under subsection (b) shall 

include the following: 

(1) A determination of how the regional disaster response 

center, if established at Kelly Air Field, would organize and 

leverage capabilities of the following currently co-located 

organizations, facilities, and forces located in San Antonio, 

Texas: 

(A) Lackland Air Force Base. 

(B) Fort Sam Houston. 

(C) Brooke Army Medical Center. 

(D) Wilford Hall Medical Center. 

(E) City of San Antonio/Bexar County Emergency Operations Center. 

(F) Audie Murphy Veterans Administration Medical 

Center. 

(G) 433rd Airlift Wing C–5 Heavy Lift Aircraft. 

(H) 149 Fighter Wing and Texas Air National Guard 

F–16 fighter aircraft. 

(I) Army Northern Command. 

(J) The three level 1 trauma centers of the National 

Trauma Institute. 

(K) Texas Medical Rangers. 

(L) San Antonio Metro Health Department. 

(M) The University of Texas Health Science Center 

at San Antonio. 

(N) The Air Intelligence Surveillance and Reconnaissance Agency at Lackland Air Force Base. 


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(O) The United States Air Force Security Police 

Training Department at Lackland Air Force Base. 

(P) The large manpower pools and blood donor pools 

from the more than 6,000 trainees at Lackland Air Force 

Base. 

(2) A determination of the number of military and civilian 

personnel who would have to be mobilized to run the logistics, 

planning, and maintenance of the regional disaster response 

center, if established at Kelly Air Field, during a time of disaster recovery. 

(3) A determination of the number of military and civilian 

personnel who would be required to run the logistics, planning, 

and maintenance of the regional disaster response center during 

a time when no disaster is occurring. 

(4) A determination of the cost of improving the current 

infrastructure at Kelly Air Field to meet the needs of displaced 

victims of a disaster equivalent to that of Hurricanes Katrina 

and Rita or a natural or man-made disaster of similar scope, 

including adequate beds, food stores, and decontamination stations to triage radiation or other chemical or biological agent 

contamination victims. 

(5) An evaluation of the current capability of the Department of Defense and the Department of Homeland Security 

to respond to these mission requirements and an assessment 

of any additional capabilities that are required. 

(6) An assessment of the costs and benefits of adding such 

capabilities at Kelly Air Field to the costs and benefits of 

other locations. 

SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLORADO, IN HONOR OF THE HONORABLE JOEL HEFLEY, 

A FORMER MEMBER OF THE UNITED STATES HOUSE OF 

REPRESENTATIVES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Representative Joel Hefley was elected to represent 

Colorado’s 5th Congressional district in 1986 and served in 

the House of Representatives until the end of the 109th Congress in 2007 with distinction, class, integrity, and honor. 

(2) Representative Hefley served on the Committee on 

Armed Services of the House of Representatives for 18 years, 

including service as Chairman of the Subcommittee on Military 

Installations and Facilities from 1995 through 2000 and, from 

2001 until 2007, as Chairman of the Subcommittee on Readiness. 

(3) Representative Hefley was a fair and effective lawmaker 

who worked for the national interest while never forgetting 

his Western roots. 

(4) Representative Hefley’s efforts on the Committee on 

Armed Services were instrumental to the military value of, 

and quality of life at, installations in the State of Colorado, 

including Fort Carson, Cheyenne Mountain, Peterson Air Force 

Base, Schriever Air Force Base, Buckley Air Force Base, and 

the United States Air Force Academy. 

(5) Representative Hefley was a leader in efforts to retain 

and expand Fort Carson as an essential part of the national 

defense system during the Defense Base Closure and Realignment process. 


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(6) Representative Hefley consistently advocated for providing members of the Armed Forces and their families with 

quality, safe, and affordable housing and supportive communities. 

(7) Representative Hefley spearheaded the Military 

Housing Privatization Initiative to eliminate inadequate 

housing on military installations, with the first pilot program 

located at Fort Carson. 

(8) Representative Hefley’s leadership on the Military 

Housing Privatization Initiative allowed for the privatization 

of more than 121,000 units of military family housing, which 

brought meaningful improvements to living conditions for thousands of members of the Armed Forces and their spouses and 

children at installations throughout the United States. 

(9) It is fitting and proper that an appropriate military 

family housing area or structure at Fort Carson be designated 

in honor of Representative Hefley. 

(b) DESIGNATION.—Notwithstanding Army Regulation AR 1– 

33, the Secretary of the Army shall designate one of the military 

family housing areas or facilities constructed for Fort Carson, Colorado, using the authority provided by subchapter IV of chapter 

169 of title 10, United States Code, as the ‘‘Joel Hefley Village’’. 

SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER 

AT ROCK ISLAND, ILLINOIS, IN HONOR OF THE HONORABLE LANE EVANS, A FORMER MEMBER OF THE UNITED 

STATES HOUSE OF REPRESENTATIVES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Representative Lane Evans was elected to the House 

of Representatives in 1982 and served in the House of Representatives until the end of the 109th Congress in 2007 representing the people of Illinois’ 17th Congressional district. 

(2) As a member of the Committee on Armed Services 

of the House of Representatives, Representative Evans worked 

to bring common sense priorities to defense spending and 

strengthen the military’s conventional readiness. 

(3) Representative Evans was a tireless advocate for military veterans, ensuring that veterans receive the medical care 

they need and advocating for individuals suffering from posttraumatic stress disorder and Gulf War Syndrome. 

(4) Representative Evans’ efforts to improve the transition 

of individuals from military service to the care of the Department of Veterans Affairs will continue to benefit generations 

of veterans long into the future. 

(5) Representative Evans was credited with bringing new 

services to veterans living in his Congressional district, 

including outpatient clinics in the Quad Cities and Quincy 

and the Quad-Cities Vet Center. 

(6) Representative Evans worked with local leaders to promote the Rock Island Arsenal, and it earned new jobs and 

missions through his support. 

(7) In honor of his service in the Marine Corps and to 

his district and the United States, it is fitting and proper 

that the Navy and Marine Corps Reserve Center at Rock Island 

Arsenal be named in honor of Representative Evans. 

(b) DESIGNATION.—The Navy and Marine Corps Reserve Center 

at Rock Island Arsenal, Illinois, shall be known and designated 


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as the ‘‘Lane Evans Navy and Marine Corps Reserve Center’’. 

Any reference in a law, map, regulation, document, paper, or other 

record of the United States to the Navy and Marine Corps Reserve 

Center at Rock Island Arsenal shall be deemed to be a reference 

to the Lane Evans Navy and Marine Corps Reserve Center. 

SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME 

RESEARCH SITE, ROME, NEW YORK, IN HONOR OF THE 

HONORABLE SHERWOOD L. BOEHLERT, A FORMER 

MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. 

The new laboratory building at the Air Force Rome Research 

Site, Rome, New York, shall be known and designated as the 

‘‘Sherwood Boehlert Center of Excellence for Information Science 

and Technology’’. Any reference in a law, map, regulation, document, paper, or other record of the United States to such laboratory 

facility shall be deemed to be a reference to the Sherwood Boehlert 

Center of Excellence for Information Science and Technology. 

SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS 

MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF 

THE HONORABLE MICHAEL G. OXLEY, A FORMER 

MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. 

The administration building under construction at the Joint 

Systems Manufacturing Center in Lima, Ohio, shall be known and 

designated as the ‘‘Michael G. Oxley Administration and Technology 

Center’’. Any reference in a law, map, regulation, document, paper, 

or other record of the United States to such building shall be 

deemed to be a reference to the Michael G. Oxley Administration 

and Technology Center. 

SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, 

ARMY QUARTERMASTER CENTER AND SCHOOL, FORT 

LEE, VIRGINIA, IN HONOR OF GENERAL RICHARD H. 

THOMPSON. 

Notwithstanding Army Regulation AR 1–33, the Logistics Automation Training Facility of the Army Quartermaster Center and 

School at Fort Lee, Virginia, shall be known and designated as 

the ‘‘General Richard H. Thompson Logistics Automation Training 

Facility’’ in honor of General Richard H. Thompson, the only 

quartermaster to have risen from private to full general. Any reference in a law, map, regulation, document, paper, or other record 

of the United States to such facility shall be deemed to be a 

reference to the General Richard H. Thompson Logistics Automation 

Training Facility. 

SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO 

FORT MEADE, MARYLAND. 

(a) AUTHORITY TO CARRY OUT RELOCATION AGREEMENT.—The 

Secretary of Defense may carry out an agreement to relocate the 

Joint Spectrum Center, a geographically separated unit of the 

Defense Information Systems Agency, from Annapolis, Maryland, 

to Fort Meade, Maryland, or another military installation if— 

(1) the Secretary determines that the relocation of the 

Joint Spectrum Center is in the best interest of national security and the physical protection of personnel and missions of 

the Department of Defense; and 


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(2) the agreement between the lease holder and the Department of Defense provides equitable and appropriate terms to 

facilitate the relocation. 

(b) AUTHORIZATION.—Any facility, road, or infrastructure constructed or altered on a military installation as a result of the 

agreement referred to in subsection (a) is deemed to be authorized 

in accordance with section 2802 of title 10, United States Code. 

(c) TERMINATION OF EXISTING LEASE.—Upon completion of the 

relocation of the Joint Spectrum Center, all right, title, and interest 

of the United States in and to the existing lease for the Joint 

Spectrum Center shall be terminated, as contemplated under Condition 29.B of the lease. 

TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Navy construction and land acquisition projects. 

Sec. 2903. Authorized Air Force construction and land acquisition projects. 

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2905. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005 and related authorization of appropriations. 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(1), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the 

following table: 

Army: Inside the United States 

State Installation or Location Amount 

Colorado ........................... Fort Carson .......................................... $8,100,000 

Georgia ............................ Fort Stewart ......................................... $6,000,000 

Kansas ............................. Fort Riley ............................................. $50,000,000 

Kentucky ......................... Fort Campbell ...................................... $7,400,000 

Louisiana ......................... Fort Polk .............................................. $4,900,000 

New York ......................... Fort Drum ............................................ $38,000,000 

Texas ................................ Fort Hood ............................................. $9,100,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(2), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the installations or locations 

outside the United States, and in the amounts, set forth in the 

following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ..................... Bagram Air Base ................................. $249,600,000 


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Army: Outside the United States—Continued 

Country Installation or Location Amount 

Ghazni .................................................. $5,000,000 

Kabul .................................................... $36,000,000 

Iraq .................................. Camp Adder ......................................... $80,650,000 

Al Asad ................................................. $92,600,000 

Camp Anaconda ................................... $53,500,000 

Camp Constitution .............................. $11,700,000 

Camp Cropper ...................................... $9,500,000 

Fallujah ................................................ $880,000 

Camp Marez ......................................... $880,000 

Mosul .................................................... $43,000,000 

Q-West .................................................. $26,000,000 

Camp Ramadi ...................................... $880,000 

Scania ................................................... $14,200,000 

Camp Speicher ..................................... $83,900,000 

Camp Taqqadum ................................. $880,000 

Tikrit .................................................... $43,000,000 

Camp Victory ....................................... $65,400,000 

Camp Warrior ...................................... $880,000 

Various Locations ................................ $207,000,000 

Kuwait ............................. Camp Arifjan ....................................... $30,000,000 

(c) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

in the total amount of $1,257,750,000 as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $123,500,000. 

(2) For military construction projects outside the United 

States authorized by subsection (b), $1,055,450,000. 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$78,800,000. 

(d) REPORT REQUIRED BEFORE COMMENCING CERTAIN

PROJECTS.—Funds may not be obligated for the projects authorized 

by subsection (b) for Camp Arifjan, Kuwait, or Camp Cropper, 

Iraq, until 14 days after the date on which the Secretary of Defense 

submits to the congressional defense committees a report, in either 

unclassified or classified form, containing a detailed justification 

for the project, including the overall intent of the requested 

construction, host-nation views, longevity of the site selected, and 

timelines for completion. The Secretary shall submit the report 

not later than January 15, 2008. 

SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (d)(1), 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the installations or locations 

inside the United States, and in the amounts, set forth in the 

following table: 


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Navy: Inside the United States 

State Installation or Location Amount 

California ........... Camp Pendleton ............................................ $102,034,000 

Twentynine Palms ......................................... $4,440,000 

North Carolina .. Camp Lejeune ................................................ $43,340,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (d)(2), 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the installations or locations 

outside the United States, and in the amounts, set forth in the 

following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti .............. Camp Lemonier ............................................. $25,410,000 

(c) FAMILY HOUSING.—Using amounts appropriated pursuant 

to the authorization of appropriations in subsection (d)(4), the Secretary of the Navy may construct or acquire family housing units 

(including land acquisition and supporting facilities) at the installations or locations, and in the amounts, set forth in the following 

table: 

Navy: Family Housing 

State Installation or Location Amount 

California ........... Camp Pendleton ............................................ $10,692,000 

Twentynine Palms ......................................... $1,074,000 

(d) AUTHORIZATION OF APPROPRIATIONS.—Subject to section 

2825 of title 10, United States Code, funds are hereby authorized 

to be appropriated for fiscal years beginning after September 30, 

2007, for military construction, land acquisition, and military family 

housing functions of the Department of the Navy in the total 

amount of $198,781,000, as follows: 

(1) For military construction projects inside the United 

States authorized by subsection (a), $149,814,000. 

(2) For military construction projects outside the United 

States authorized by subsection (a), $25,410,000. 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$11,791,000. 

(4) For construction and acquisition, planning and design, 

and improvement of military family housing and facilities, 

$11,766,000. 

SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (b)(1), 

the Secretary of the Air Force may acquire real property and 


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carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ....... Bagram Air Base ........................................... $108,800,000 

Kandahar ....................................................... $26,300,000 

Iraq .................... Balad Air Base ............................................... $58,300,000 

Kyrgyzstan ........ Manas Air Base ............................................. $30,300,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force in the total amount of $258,700,000, as follows: 

(1) For military construction projects outside the United States authorized by subsection (a), $223,700,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$35,000,000. 

SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(1), 

the Secretary of Defense may acquire real property and carry out 

military construction projects for the installations or locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Texas .................. Fort Sam Houston ......................................... $21,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (c)(2), 

the Secretary of Defense may acquire real property and carry out 

military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 

table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Qatar .................. Al Udeid ......................................................... $6,600,000 

(c) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and 

military family housing functions of the Department of Defense 

(other than the military departments) in the total amount of 

$27,600,000 as follows: 


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(1) For military construction projects inside the United States authorized by subsection (a), $21,000,000. 

(2) For military construction projects outside the United States authorized by subsection (a), $6,600,000. 

SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE 

BASE CLOSURE ACCOUNT 2005 AND RELATED 

AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES

FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE

ACCOUNT 2005.—Using amounts authorized appropriated pursuant 

to the authorization of appropriations in subsection (b), the Secretary of Defense may carry out base closure and realignment 

activities otherwise authorized by section 2702 of this Act, including 

real property acquisition and military construction projects, as 

authorized by the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) and funded through the Department of Defense Base Closure 

Account 2005 established by section 2906A of such Act, in the 

amount of $423,650,000. Such amount is in addition to the amount 

specified for such base closure and realignment activities in section 

2702 of this Act. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities authorized by subsection (a) and funded through the Department of 

Defense Base Closure Account 2005 in the total amount of 

$415,910,000. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Reliable Replacement Warhead program. 

Sec. 3112. Nuclear test readiness. 

Sec. 3113. Modification of reporting requirement. 

Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition program. Sec. 3115. Modification of limitations on availability of funds for Waste Treatment 

and Immobilization Plant. 

Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the Energy Employees Occupational Illness Compensation Program. Sec. 3117. Technical amendments. 

Subtitle C—Other Matters 

Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead program. 


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Sec. 3122. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex. 

Sec. 3124. Department of Energy protective forces. 

Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan 

for advanced computing. 

Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United 

States and the Reliable Replacement Warhead program. 

Sec. 3127. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program. 

Sec. 3128. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. 

Sec. 3129. Agreements and reports on nuclear forensics capabilities. 

Sec. 3130. Report on status of environmental management initiatives to accelerate 

the reduction of environmental risks and challenges posed by the legacy 

of the Cold War. 

Subtitle D—Nuclear Terrorism Prevention 

Sec. 3131. Definitions. 

Sec. 3132. Sense of Congress on the prevention of nuclear terrorism. 

Sec. 3133. Minimum security standard for nuclear weapons and formula quantities 

of strategic special nuclear material. 

Sec. 3134. Annual report. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2008 for the activities of the National Nuclear Security 

Administration in carrying out programs necessary for national 

security in the amount of $9,576,095,000, to be allocated as follows: 

(1) For weapons activities, $6,465,574,000. 

(2) For defense nuclear nonproliferation activities, 

$1,902,646,000. 

(3) For naval reactors, $808,219,000. 

(4) For the Office of the Administrator for Nuclear Security, $399,656,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

(1) For readiness in technical base and facilities, the following new plant projects: 

Project 08–D–801, High pressure fire loop, Pantex 

Plant, Amarillo, Texas, $7,000,000. 

Project 08–D–802, High explosive pressing facility, 

Pantex Plant, Amarillo, Texas, $25,300,000. 

Project 08–D–804, Technical Area 55 reinvestment 

project, Los Alamos National Laboratory, Los Alamos, New 

Mexico, $6,000,000. 

(2) For facilities and infrastructure recapitalization, the 

following new plant projects: 

Project 08–D–601, Mercury highway, Nevada Test Site, 

Nevada, $7,800,000. 

Project 08–D–602, Potable water system upgrades, Y– 

12 Plant, Oak Ridge, Tennessee, $22,500,000. 

(3) For safeguards and security, the following new plant 

project: 


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Project 08–D–701, Nuclear materials safeguards and 

security upgrade, Los Alamos National Laboratory, Los 

Alamos, New Mexico, $49,496,000. 

(4) For naval reactors, the following new plant projects: 

Project 08–D–901, Shipping and receiving and warehouse complex, Bettis Atomic Power Laboratory, West 

Mifflin, Pennsylvania, $9,000,000. 

Project 08–D–190, Project engineering and design, 

Expended Core Facility M–290 Recovering Discharge Station, Naval Reactors Facility, Idaho Falls, Idaho, $550,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2008 for defense environmental cleanup activities in 

carrying out programs necessary for national security in the amount 

of $5,367,905,000. 

(b) AUTHORIZATION FOR NEW PLANT PROJECT.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out, for defense 

environmental cleanup activities, the following new plant project: 

Project 08–D–414, Project engineering and design, Plutonium Vitrification Facility, various locations, $9,000,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for other defense activities 

in carrying out programs necessary for national security in the 

amount of $763,974,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense nuclear waste 

disposal for payment to the Nuclear Waste Fund established in 

section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

10222(c)) in the amount of $292,046,000. 

SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for energy security and assurance programs necessary for national security in the amount of 

$5,860,000. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

No funds appropriated pursuant to the authorization of appropriations in section 3101(a)(1) or otherwise made available for 

weapons activities of the National Nuclear Security Administration 

for fiscal year 2008 may be obligated or expended for activities 

under the Reliable Replacement Warhead program under section 

4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a) beyond 

phase 2A activities. 


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SEC. 3112. NUCLEAR TEST READINESS. 

(a) REPEAL OF REQUIREMENTS ON READINESS POSTURE.—Section 

3113 of the National Defense Authorization Act for Fiscal Year 

2004 (Public Law 108–136; 117 Stat. 1743; 50 U.S.C. 2528a) is 

repealed. 

(b) REPORTS ON NUCLEAR TEST READINESS POSTURES.— (1) IN GENERAL.—Section 4208 of the Atomic Energy 

Defense Act (50 U.S.C. 2528) is amended to read as follows: 

‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS. 

‘‘(a) IN GENERAL.—Not later than March 1, 2009, and every 

odd-numbered year thereafter, the Secretary of Energy shall submit 

to the congressional defense committees a report on the nuclear 

test readiness of the United States. 

‘‘(b) ELEMENTS.—Each report under subsection (a) shall include, 

current as of the date of such report, the following: 

‘‘(1) An estimate of the period of time that would be necessary for the Secretary of Energy to conduct an underground 

test of a nuclear weapon once directed by the President to 

conduct such a test. 

‘‘(2) A description of the level of test readiness that the 

Secretary of Energy, in consultation with the Secretary of 

Defense, determines to be appropriate. 

‘‘(3) A list and description of the workforce skills and 

capabilities that are essential to carrying out an underground 

nuclear test at the Nevada Test Site. 

‘‘(4) A list and description of the infrastructure and physical 

plant that are essential to carrying out an underground nuclear 

test at the Nevada Test Site. 

‘‘(5) An assessment of the readiness status of the skills 

and capabilities described in paragraph (3) and the infrastructure and physical plant described in paragraph (4). 

‘‘(c) FORM.—Each report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex.’’. 

(2) CLERICAL AMENDMENT.—The item relating to section 

4208 in the table of contents for such Act is amended to read 

as follows: 

‘‘Sec. 4208. Reports on nuclear test readiness.’’. 

SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT. 

Section 3111 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3539) is amended— 

(1) by redesignating subsections (c) and (d) as (d) and 

(e), respectively; 

(2) by inserting after subsection (b) the following: 

‘‘(c) FORM.—The report required by subsection (b) shall be submitted in classified form, and shall include a detailed unclassified 

summary.’’; and 

(3) in subsection (e), as so redesignated, by striking ‘‘(c)’’ 

and inserting ‘‘(d)’’. 

SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE 

MATERIALS DISPOSITION PROGRAM. 

(a) LIMITATION PENDING REPORT ON USE OF PRIOR FISCAL YEAR

FUNDS.—No more than 75 percent of the fiscal year 2008 Fissile 

Materials Disposition program funds may be obligated for the Fissile 

Materials Disposition program until the Secretary of Energy, in 

consultation with the Administrator for Nuclear Security, submits 

50 USC 2528. 


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to the congressional defense committees a report setting forth a 

plan for obligating and expending funds made available for that 

program in fiscal years before fiscal year 2008 that remain available 

for obligation or expenditure as of January 1, 2005, and for fiscal 

year 2008. 

(b) AVAILABILITY OF UNUTILIZED FUNDS UNDER CERTIFICATION

OF PARTIAL USE.—Any funds identified in the plan required in 

subsection (a) that are not planned to be obligated by the end 

of fiscal year 2009 shall also be available for any defense nuclear 

nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated 

by section 3101(a)(2). 

(c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSITION PROGRAM

FUNDS DEFINED.—In this section, the term ‘‘fiscal year 2008 Fissile 

Materials Disposition program funds’’ means amounts authorized 

to be appropriated by section 3101(a)(2) and available for the Fissile 

Materials Disposition program. 

SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF 

FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION 

PLANT. 

Paragraph (2) of section 3120(a) of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2510) is amended— 

(1) by striking ‘‘the Defense Contract Management Agency 

has recommended for acceptance’’ and inserting ‘‘an independent entity has reviewed’’; and 

(2) by inserting ‘‘and that the system has been certified 

by the Secretary for use by a construction contractor at the 

Waste Treatment and Immobilization Plant’’ after ‘‘Waste 

Treatment and Immobilization Plant’’. 

SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE 

OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. 

Section 3686(g) of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (42 U.S.C. 7385s–15(g)) is 

amended by striking ‘‘on the date that is 3 years after the date 

of the enactment of this section’’ and inserting ‘‘October 28, 2012’’. 

SEC. 3117. TECHNICAL AMENDMENTS. 

The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 

amended as follows: 

(1) The heading of section 4204a (50 U.S.C. 2524a) is 

amended to read as follows: 

‘‘SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.’’. 

(2) The table of contents for that Act is amended by 

inserting after the item relating to section 4204 the following 

new item: 

‘‘Sec. 4204A. Reliable Replacement Warhead program.’’. 


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Subtitle C—Other Matters 

SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE 

REPLACEMENT WARHEAD PROGRAM. 

(a) STUDY REQUIRED.—The Administrator for Nuclear Security, 

in consultation with the Nuclear Weapons Council, shall carry 

out a study analyzing the feasibility of using existing pits in the 

Reliable Replacement Warhead program. 

(b) REPORT.— (1) IN GENERAL.—Not later six months after the date of 

the enactment of this Act, the Administrator shall submit to 

the congressional defense committees a report on the results 

of the study. The report shall be in unclassified form, but 

may include a classified annex. 

(2) MATTERS INCLUDED.—The report shall contain the 

assessment of the Administrator of the results of the study, 

including— 

(A) an assessment of— 

(i) whether using existing pits in the program is 

technically feasible; 

(ii) whether using existing pits in the program 

is more advantageous than using newly manufactured 

pits in the program; 

(iii) the number of existing pits suitable for such 

use; 

(iv) whether proceeding to use existing pits in the 

program before using newly manufactured pits in the 

program is desirable; and 

(v) the extent to which using existing pits, as compared to using newly manufactured pits, in the program would reduce future requirements for new pit 

production, and how such use of existing pits would 

affect the schedule and scope for new pit production; 

and 

(B) a comparison of the requirements for certifying— 

(i) reliable replacement warheads using existing 

pits; 

(ii) reliable replacement warheads using newly 

manufactured pits; and 

(iii) warheads maintained by the Stockpile Life 

Extension Program. 

(c) FUNDING.—Of the amounts made available pursuant to the 

authorization of appropriations in section 3101(a)(1), such funds 

as may be necessary shall be available to carry out this section. 

SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF 

NUCLEAR WARHEADS. 

Not later than March 1, 2008, the Administrator for Nuclear 

Security, in consultation with the Nuclear Weapons Council, shall 

submit to the congressional defense committees a report on the 

retirement and dismantlement of the nuclear warheads that will 

not be part of the enduring stockpile as of December 31, 2012, 

but that have not yet been retired or dismantled. The report shall 

include— 

(1) the existing plan and schedule for retiring and dismantling those warheads; 


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(2) an assessment of the capacity of the nuclear weapons 

complex to accommodate an accelerated schedule for retiring 

and dismantling those warheads, taking into account the full 

range of capabilities in the complex; and 

(3) an identification of the resources needed to accommodate such an accelerated schedule for retiring and dismantling 

those warheads. 

SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO 

NUCLEAR WEAPONS COMPLEX. 

Section 3253(b) of the National Nuclear Security Administration 

Act (50 U.S.C. 2453(b)) is amended by adding at the end the 

following: 

‘‘(6) A plan, developed in consultation with the Director 

of the Office of Health, Safety, and Security of the Department 

of Energy, for the research and development, deployment, and 

lifecycle sustainment of the technologies employed within the 

nuclear weapons complex to address physical and cyber security 

threats during the applicable five-fiscal year period, together 

with— 

‘‘(A) for each site in the nuclear weapons complex, 

a description of the technologies deployed to address the 

physical and cyber security threats posed to that site; 

‘‘(B) for each site and for the nuclear weapons complex, 

the methods used by the National Nuclear Security 

Administration to establish priorities among investments 

in physical and cyber security technologies; and 

‘‘(C) a detailed description of how the funds identified 

for each program element specified pursuant to paragraph 

(1) in the budget for the Administration for each fiscal 

year during that five-fiscal year period will help carry 

out that plan.’’. 

SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES. 

(a) COMPTROLLER GENERAL REPORT ON DEPARTMENT OF

ENERGY PROTECTIVE FORCE MANAGEMENT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General of the 

United States shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives a report on the management of the 

protective forces of the Department of Energy. 

(2) CONTENTS.—The report shall include the following: 

(A) An identification of each Department of Energy 

site with Category I nuclear materials. 

(B) For each site identified under subparagraph (A)— 

(i) a description of the management and contractual structure for protective forces at the site; 

(ii) a statement of the number and category of 

protective force members at the site; 

(iii) a description of the manner in which the site 

is moving to a tactical response force as required by 

the policy of the Department of Energy and an assessment of the issues or problems, if any, involved in 

moving to such a force; 

(iv) a description of the extent to which the protective force at the site has been assigned or is responsible 


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for law enforcement or law-enforcement related activities; 

(v) an assessment of the ability of the protective 

force at the site to fulfill any such law enforcement 

or law enforcement-related responsibilities; and 

(vi) an assessment of whether the protective force 

at the site is adequately staffed, trained, and equipped 

to comply with the requirements of the Design Basis 

Threat issued by the Department of Energy in 

November 2005 and, if not, when it is projected to 

be. 

(C) An analysis comparing the management, training, 

pay, benefits, duties, responsibilities, and assignments of 

the protective force at each site identified under subparagraph (A) with the management, training, pay, benefits, 

duties, responsibilities, and assignments of the Federal 

transportation security force of the Department of Energy. 

(D) A statement of options for managing the protective 

force at sites identified under subparagraph (A) in a more 

uniform manner, an analysis of the advantages and disadvantages of each option, and an assessment of the 

approximate cost of each option when compared with the 

costs associated with the existing management of the 

protective force at such sites. 

(3) FORM.—The report shall be submitted in unclassified 

form, but may include a classified annex. 

(b) DEPARTMENT OF ENERGY ANALYSIS OF ALTERNATIVES FOR

MANAGING AND DEPLOYING PROTECTIVE FORCES.— 

(1) IN GENERAL.—Not later than 90 days after the date 

on which the report is submitted under subsection (a), the 

Secretary of Energy, in conjunction with the Administrator 

for Nuclear Security and the Assistant Secretary for Environmental Management, shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report on the management 

of the protective forces of the Department of Energy. 

(2) CONTENTS.—The report shall include the following: 

(A) Each of the matters specified in subparagraphs 

(A), (B), and (C) of subsection (a)(2). 

(B) Each of the matters specified in subparagraph (D) 

of subsection (a)(2), except that— 

(i) the options analyzed shall include each of the 

options included in the report submitted under subsection (a), as well as any other options identified 

by the Secretary; and 

(ii) the analysis and assessment shall also include 

an analysis of the role played by incentives inherent 

in the use of private contractors to provide protective 

forces in the performance of those protective forces. 

(3) FORM.—The report shall be submitted in unclassified 

form, but may include a classified annex. 

SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION STRATEGIC PLAN FOR ADVANCED COMPUTING. 

(a) IN GENERAL.—The Secretary of Energy shall— 

(1) enter into an agreement with an independent entity 

to conduct an evaluation of the strategic plan for advanced 

Contracts. 

Deadline. 

Reports. 


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computing of the National Nuclear Security Administration; 

and 

(2) not later than one year after the date of the enactment 

of this Act, submit to the congressional defense committees 

a report containing the results of the evaluation described 

in paragraph (1). 

(b) ELEMENTS.—The evaluation described in subsection (a)(1) 

shall include the following: 

(1) An assessment of— 

(A) the adequacy of the strategic plan in supporting 

the Stockpile Stewardship Program; 

(B) the role of research into, and development of, highperformance computing supported by the National Nuclear 

Security Administration in fulfilling the mission of the 

National Nuclear Security Administration and in 

maintaining the leadership of the United States in highperformance computing; and 

(C) the impacts of changes in investment levels or 

research and development strategies on fulfilling the missions of the National Nuclear Security Administration. 

(2) An assessment of the efforts of the Department of 

Energy to— 

(A) coordinate high-performance computing work 

within the Department, in particular between the National 

Nuclear Security Administration and the Office of Science; 

(B) develop joint strategies with other Federal agencies 

and private industry groups for the development of highperformance computing; and 

(C) share high-performance computing developments 

with private industry and capitalize on innovations in private industry in high-performance computing. 

SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD PROGRAM. 

It is the sense of Congress that— 

(1) the United States should maintain its commitment to 

Article VI of the Treaty on the Non-Proliferation of Nuclear 

Weapons, done at Washington, London, and Moscow July 1, 

1968, and entered into force March 5, 1970 (in this section 

referred to as the ‘‘Nuclear Non-Proliferation Treaty’’); 

(2) the United States should initiate talks with Russia 

to reduce the number of nonstrategic nuclear weapons and 

further reduce the number of strategic nuclear weapons in 

the respective nuclear weapons stockpiles of the United States 

and Russia in a transparent and verifiable fashion and in 

a manner consistent with the security of the United States; 

(3) the United States and other declared nuclear weapons 

state parties to the Nuclear Non-Proliferation Treaty, together 

with weapons states that are not parties to the Treaty, should 

work to reduce the total number of nuclear weapons in the 

respective stockpiles and related delivery systems of such 

states; 

(4) the United States, Russia, and other states should 

work to negotiate, and then sign and ratify, a treaty setting 

forth a date for the cessation of the production of fissile material; 

Deadline. 

Reports. 


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(5) the United States should sustain the science-based 

stockpile stewardship program, which provides the basis for 

certifying the United States nuclear deterrent and maintaining 

the moratorium on underground nuclear weapons testing; 

(6) the United States should commit to dismantle as soon 

as possible all retired warheads or warheads that are planned 

to be retired from the United States nuclear weapons stockpile; 

(7) the United States, along with the other declared nuclear 

weapons state parties to the Nuclear Non-Proliferation Treaty, 

should participate in transparent discussions regarding their 

nuclear weapons programs and plans, including plans for any 

new weapons or warheads, and how such programs and plans 

relate to their obligations as nuclear weapons state parties 

under the Treaty; 

(8) the United States and the declared nuclear weapons 

state parties to the Nuclear Non-Proliferation Treaty should 

work to decrease reliance on, and the importance of, nuclear 

weapons; and 

(9) the United States should formulate any decision on 

whether to manufacture or deploy a reliable replacement warhead within the broader context of the progress made by the 

United States toward achieving each of the goals described 

in paragraphs (1) through (8). 

SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

STRENGTHEN AND EXPAND INTERNATIONAL RADIOLOGICAL THREAT REDUCTION PROGRAM. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Energy shall submit to Congress a report 

that sets forth a specific plan for strengthening and expanding 

the Department of Energy International Radiological Threat Reduction (IRTR) program within the Global Threat Reduction Initiative. 

The plan shall address concerns raised and recommendations made 

by the Government Accountability Office in its report of March 

13, 2007, titled ‘‘Focusing on the Highest Priority Radiological 

Sources Could Improve DOE’s Efforts to Secure Sources in Foreign 

Countries’’, and shall specifically include actions to— 

(1) improve the Department’s coordination with the Department of State and the Nuclear Regulatory Commission; 

(2) improve information-sharing between the Department 

and the International Atomic Energy Agency; 

(3) with respect to hospitals and clinics containing radiological sources that receive security upgrades, give high priority 

to those determined to be the highest risk; 

(4) accelerate efforts to remove as many radioisotope 

thermoelectric generators (RTGs) in the Russian Federation 

as practicable; 

(5) develop a long-term sustainability plan for security 

upgrades that includes, among other things, future resources 

required to implement such a plan; and 

(6) develop a long-term operational plan that ensures sufficient funding for the IRTR program and ensures sufficient 

funding to identify, recover, and secure all vulnerable highrisk radiological sources worldwide as quickly and effectively 

as possible. 


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SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

STRENGTHEN AND EXPAND MATERIALS PROTECTION, 

CONTROL, AND ACCOUNTING PROGRAM. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Energy shall submit to Congress a specific 

plan for strengthening and expanding the Department of Energy 

Materials Protection, Control, and Accounting (MPC&A) program. 

The plan shall address concerns raised and recommendations made 

by the Government Accountability Office in its report of February 

2007, titled ‘‘Progress Made in Improving Security at Russian 

Nuclear Sites, but the Long-Term Sustainability of U.S. Funded 

Security Upgrades is Uncertain’’, and shall specifically include 

actions to— 

(1) strengthen program management and the effectiveness 

of the Department’s efforts to improve security at weaponsusable nuclear material and warhead sites in the Russian Federation and other countries by— 

(A) revising the metrics used to measure MPC&A program progress to better reflect the level of security upgrade 

completion at buildings reported as ‘‘secure’’; 

(B) actively working with other countries, in coordination with the Secretary of State, to develop an appropriate 

access plan for each country; and 

(C) developing a management information system to 

track the Department’s progress in providing Russia with 

a sustainable MPC&A system by 2013; and 

(2) develop a long-term operational plan that ensures sufficient funding for the MPC&A program, including for National 

Programs and Sustainability, and ensures sufficient funding 

to secure all weapons-usable nuclear material and warhead 

sites as quickly and effectively as possible. 

SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS 

CAPABILITIES. 

(a) INTERNATIONAL AGREEMENTS.— (1) IN GENERAL.—Title XLIII of the Atomic Energy Defense 

Act (50 U.S.C. 2561 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS 

DATA. 

‘‘The Secretary of Energy may, with the concurrence of the 

Secretary of State and in coordination with the Secretary of Defense, 

the Secretary of Homeland Security, and the Director of National 

Intelligence, enter into agreements with countries or international 

organizations to conduct data collection and analysis to determine 

accurately and in a timely manner the source of any components 

of, or fissile material used or attempted to be used in, a nuclear 

device or weapon. 

‘‘SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON 

RADIOACTIVE MATERIALS. 

‘‘The Secretary of Energy may, with the concurrence of the 

Secretary of State and in coordination with the Secretary of Defense, 

the Secretary of Homeland Security, and the Director of National 

Intelligence, enter into agreements with countries or international 

organizations— 

50 USC 2573. 

50 USC 2572. 

Operational plan. 


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‘‘(1) to acquire for the materials information program of 

the Department of Energy validated information on the physical 

characteristics of radioactive material produced, used, or stored 

at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any 

components of, or fissile material used or attempted to be 

used in, a nuclear device or weapon; and 

‘‘(2) to obtain access to information described in paragraph 

(1) in the event of— 

‘‘(A) a nuclear detonation; or 

‘‘(B) the interdiction or discovery of a nuclear device 

or weapon or nuclear material.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of such Act is amended by inserting after the item 

relating to section 4306A the following: 

‘‘Sec. 4307. International agreements on nuclear weapons data. 

‘‘Sec. 4308. International agreements on information on radioactive materials.’’. 

(b) REPORT ON AGREEMENTS.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Energy 

shall, in coordination with the Secretary of State, submit to Congress a report identifying— 

(1) the countries or international organizations with which 

the Secretary has sought to make agreements pursuant to 

sections 4307 and 4308 of the Atomic Energy Defense Act, 

as added by subsection (a); 

(2) any countries or international organizations with which 

such agreements have been finalized and the measures included 

in such agreements; and 

(3) any major obstacles to completing such agreements 

with other countries and international organizations. 

(c) REPORT ON STANDARDS AND CAPABILITIES.—Not later than 

180 days after the date of the enactment of this Act, the President 

shall submit to Congress a report— 

(1) setting forth standards and procedures to be used in 

determining accurately and in a timely manner any country 

or group that knowingly or negligently provides to another 

country or group— 

(A) a nuclear device or weapon; 

(B) a major component of a nuclear device or weapon; 

or 

(C) fissile material that could be used in a nuclear 

device or weapon; 

(2) assessing the capability of the United States to collect 

and analyze nuclear material or debris in a manner consistent 

with the standards and procedures described in paragraph (1); 

and 

(3) including a plan and proposed funding for rectifying 

any shortfalls in the nuclear forensics capabilities of the United 

States by September 30, 2010. 

SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT 

INITIATIVES TO ACCELERATE THE REDUCTION OF 

ENVIRONMENTAL RISKS AND CHALLENGES POSED BY 

THE LEGACY OF THE COLD WAR. 

(a) IN GENERAL.—Not later than September 30, 2008, the Secretary of Energy shall submit to the congressional defense committees and the Comptroller General of the United States a report 

Plan. 

President. 


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on the status of the environmental management initiatives undertaken to accelerate the reduction of the environmental risks and 

challenges that, as a result of the legacy of the Cold War, are 

faced by the Department of Energy, contractors of the Department, 

and applicable Federal and State agencies with regulatory jurisdiction. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A discussion and assessment of the progress made in 

reducing the environmental risks and challenges described in 

subsection (a) in each of the following areas: 

(A) Acquisition strategy and contract management. 

(B) Regulatory agreements. 

(C) Interim storage and final disposal of high-level 

waste, spent nuclear fuel, transuranic waste, and low-level 

waste. 

(D) Closure and transfer of environmental remediation 

sites. 

(E) Achievements in innovation by contractors of the 

Department with respect to accelerated risk reduction and 

cleanup. 

(F) Consolidation of special nuclear materials and 

improvements in safeguards and security. 

(2) An assessment of whether legislative changes or clarifications would improve or accelerate environmental management activities. 

(3) A listing of the major mandatory milestones and 

commitments by site, by type of agreement, and by year to 

the extent that they are currently defined, together with a 

summary of the major mandatory milestones by site that are 

projected to be missed or are in jeopardy of being missed, 

with categories to explain the reason for non-compliance. 

(4) An estimate of the life cycle cost of the current scope 

of the environmental management program as of October 1, 

2007, by project baseline summary and summarized by site, 

including assumptions impacting cost projections and descriptions of the work to be done at each site. 

(5) For environmental cleanup liabilities and excess facilities projected to be transferred to the environmental management program, a description of the process for nomination 

and acceptance of new work scope into the program, a listing 

of pending nominations, and life cycle cost estimates and schedules to address them. 

(c) REVIEW BY COMPTROLLER GENERAL.—Not later than March 

30, 2009, the Comptroller General shall submit to the congressional 

defense committees a report containing a review of the report 

required by subsection (a). 

Subtitle D—Nuclear Terrorism Prevention 

SEC. 3131. DEFINITIONS. 

In this subtitle: 

(1) The term ‘‘Convention on the Physical Protection of 

Nuclear Material’’ means the Convention on the Physical 

Protection of Nuclear Material, signed at New York and Vienna 

March 3, 1980. 

22 USC 3244 

note. 


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(2) The term ‘‘formula quantities of strategic special nuclear 

material’’ means uranium–235 (contained in uranium enriched 

to 20 percent or more in the U–235 isotope), uranium–233, 

or plutonium in any combination in a total quantity of 5,000 

grams or more computed by the formula, grams = (grams 

contained U–235) + 2.5 (grams U–233 + grams plutonium), 

as set forth in the definitions of ‘‘formula quantity’’ and ‘‘strategic special nuclear material’’ in section 73.2 of title 10, Code 

of Federal Regulations. 

(3) The term ‘‘Nuclear Non-Proliferation Treaty’’ means 

the Treaty on the Non-Proliferation of Nuclear Weapons, done 

at Washington, London, and Moscow July 1, 1968, and entered 

into force March 5, 1970 (21 UST 483). 

(4) The term ‘‘nuclear weapon’’ means any device utilizing 

atomic energy, exclusive of the means for transporting or 

propelling the device (where such means is a separable and 

divisible part of the device), the principal purpose of which 

is for use as, or for the development of, a weapon, a weapon 

prototype, or a weapon test device. 

SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR 

TERRORISM. 

It is the sense of Congress that— 

(1) the President should make the prevention of a nuclear 

terrorist attack on the United States a high priority; 

(2) the President should accelerate programs, requesting 

additional funding as appropriate, to prevent nuclear terrorism, 

including combating nuclear smuggling, securing and 

accounting for nuclear weapons, and eliminating, removing, 

or securing and accounting for formula quantities of strategic 

special nuclear material wherever such quantities may be; 

(3) the United States, together with the international 

community, should take a comprehensive approach to reducing 

the danger of nuclear terrorism, including by making additional 

efforts to identify and eliminate terrorist groups that aim to 

acquire nuclear weapons, to ensure that nuclear weapons worldwide are secure and accounted for and that formula quantities 

of strategic special nuclear material worldwide are eliminated, 

removed, or secure and accounted for to a degree sufficient 

to defeat the threat that terrorists and criminals have shown 

they can pose, and to increase the ability to find and stop 

terrorist efforts to manufacture nuclear explosives or to transport nuclear explosives and materials anywhere in the world; 

(4) within such a comprehensive approach, a high priority 

must be placed on ensuring that all nuclear weapons worldwide 

are secure and accounted for and that all formula quantities 

of strategic special nuclear material worldwide are eliminated, 

removed, or secure and accounted for; and 

(5) the International Atomic Energy Agency should be 

funded appropriately to fulfill its role in coordinating international efforts to protect nuclear material and to combat 

nuclear smuggling. 

SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS 

AND FORMULA QUANTITIES OF STRATEGIC SPECIAL 

NUCLEAR MATERIAL. 

(a) POLICY.—It is the policy of the United States to work 

with the international community to take all possible steps to 

22 USC 3244 

note. 

22 USC 3244 

note. 


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ensure that all nuclear weapons around the world are secure and 

accounted for and that all formula quantities of strategic special 

nuclear material are eliminated, removed, or secure and accounted 

for to a level sufficient to defeat the threats posed by terrorists 

and criminals. 

(b) INTERNATIONAL NUCLEAR SECURITY STANDARD.—It is the 

sense of Congress that, in furtherance of the policy described in 

subsection (a), and consistent with the requirement for ‘‘appropriate 

effective’’ physical protection contained in United Nations Security 

Council Resolution 1540 (2004), as well as the Nuclear Non-Proliferation Treaty and the Convention on the Physical Protection 

of Nuclear Material, the President, in consultation with relevant 

Federal departments and agencies, should seek the broadest possible international agreement on a global standard for nuclear 

security that— 

(1) ensures that nuclear weapons and formula quantities 

of strategic special nuclear material are secure and accounted 

for to a sufficient level to defeat the threats posed by terrorists 

and criminals; 

(2) takes into account the limitations of equipment and 

human performance; and 

(3) includes steps to provide confidence that the needed 

measures have in fact been implemented. 

(c) INTERNATIONAL EFFORTS.—It is the sense of Congress that, 

in furtherance of the policy described in subsection (a), the President, in consultation with relevant Federal departments and agencies, should— 

(1) work with other countries and the International Atomic 

Energy Agency to assist as appropriate, and if necessary work 

to convince, the governments of any and all countries in possession of nuclear weapons or formula quantities of strategic special nuclear material to ensure that security is upgraded to 

meet the standard described in subsection (b) as rapidly as 

possible and in a manner that— 

(A) accounts for the nature of the terrorist and criminal 

threat in each such country; and 

(B) ensures that any measures to which the United 

States and any such country agree are sustained after 

United States and other international assistance ends; 

(2) ensure that United States financial and technical assistance is available, as appropriate, to countries for which the 

provision of such assistance would accelerate the implementation of, or improve the effectiveness of, such security upgrades; 

and 

(3) work with the governments of other countries to ensure 

that effective nuclear security rules, accompanied by effective 

regulation and enforcement, are put in place to govern all 

nuclear weapons and formula quantities of strategic special 

nuclear material around the world. 

SEC. 3134. ANNUAL REPORT. 

(a) IN GENERAL.—Not later than September 1 of each year 

through 2012, the President, in consultation with relevant Federal 

departments and agencies, shall submit to Congress a report on 

the security of nuclear weapons and related equipment and formula 

quantities of strategic special nuclear material outside of the United 

States. 

President. 

22 USC 3244 

note. 


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(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A section on the programs for the security and 

accounting of nuclear weapons and the elimination, removal, 

and security and accounting of formula quantities of strategic 

special nuclear material, established under section 3132(b) of 

the Ronald W. Reagan National Defense Authorization Act 

for Fiscal Year 2005 (50 U.S.C. 2569(b)), which shall include 

the following: 

(A) A survey of the facilities and sites worldwide that 

contain nuclear weapons or related equipment, or formula 

quantities of strategic special nuclear material. 

(B) A list of such facilities and sites determined to 

be of the highest priority for security and accounting of 

nuclear weapons and related equipment, or the elimination, 

removal, or security and accounting of formula quantities 

of strategic special nuclear material, taking into account 

risk of theft from such facilities and sites, and organized 

by level of priority. 

(C) A prioritized plan, including measurable milestones, metrics, estimated timetables, and estimated costs 

of implementation, on the following: 

(i) The security and accounting of nuclear weapons 

and related equipment and the elimination, removal, 

or security and accounting of formula quantities of 

strategic special nuclear material at such facilities and 

sites worldwide. 

(ii) Ensuring that security upgrades and 

accounting reforms implemented at such facilities and 

sites worldwide, using the financial and technical 

assistance of the United States, are effectively sustained after such assistance ends. 

(iii) The role that international agencies and the 

international community have committed to play, 

together with a plan for securing international contributions. 

(D) An assessment of the progress made in implementing the plan described in subparagraph (C), including 

a description of the efforts of foreign governments to secure 

and account for nuclear weapons and related equipment 

and to eliminate, remove, or secure and account for formula 

quantities of strategic special nuclear material. 

(2) A section on efforts to establish and implement the 

international nuclear security standard described in section 

3133(b) and related policies. 

(c) FORM.—The report may be submitted in classified form 

but shall include a detailed unclassified summary. 

Plan. 


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TITLE XXXII—WAR-RELATED NATIONAL 

NUCLEAR SECURITY ADMINISTRATION AUTHORIZATIONS 

Sec. 3201. Additional war-related authorization of appropriations for National Nuclear Security Administration. 

SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL NUCLEAR SECURITY 

ADMINISTRATION. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2008 to the Department of Energy for the 

National Nuclear Security Administration for defense nuclear nonproliferation in the amount of $50,000,000, of which $30,000,000 

is for the International Nuclear Materials Protection and Cooperation program and $20,000,000 is for the Global Threat Reduction 

Initiative. 

(b) TREATMENT AS ADDITIONAL AUTHORIZATION.—The amounts 

authorized to be appropriated by this section are in addition to 

amounts otherwise authorized to be appropriated by this Act. 

TITLE XXXIII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3301. Authorization. 

SEC. 3301. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2008, $22,499,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

Sec. 3402. Remedial action at Moab uranium milling site. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $17,301,000 for fiscal year 2008 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE. 

Section 3405(i) of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 

U.S.C. 7420 note) is amended by adding at the end the following 

new paragraph: 

‘‘(6)(A) Not later than October 1, 2019, the Secretary of Energy 

shall complete remediation at the Moab site and removal of the 

tailings to the Crescent Junction site in Utah. 

Deadline. 

Utah. 


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‘‘(B) In the event the Secretary of Energy is unable to complete 

remediation at the Moab Site by October 1, 2019, the Secretary 

shall submit to Congress a plan setting forth the projected completion date and the estimated funding to meet the revised date. The 

Secretary shall submit the plan, if required, to Congress not later 

than October 2, 2019.’’. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Subtitle A—Maritime Administration Reauthorization 

Sec. 3501. Authorization of appropriations for fiscal year 2008. 

Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. Sec. 3503. Vessel disposal program. 

Subtitle B—Programs 

Sec. 3511. Commercial vessel chartering authority. 

Sec. 3512. Maritime Administration vessel chartering authority. 

Sec. 3513. Chartering to State and local governmental instrumentalities. 

Sec. 3514. Disposal of obsolete Government vessels. 

Sec. 3515. Vessel transfer authority. 

Sec. 3516. Sea trials for Ready Reserve Force. 

Sec. 3517. Review of applications for loans and guarantees. 

Subtitle C—Technical Corrections 

Sec. 3521. Personal injury to or death of seamen. 

Sec. 3522. Amendments to Chapter 537 based on Public Law 109–163. 

Sec. 3523. Additional amendments based on Public Law 109–163. 

Sec. 3524. Amendments based on Public Law 109–171. 

Sec. 3525. Amendments based on Public Law 109–241. 

Sec. 3526. Amendments based on Public Law 109–364. 

Sec. 3527. Miscellaneous amendments. 

Sec. 3528. Application of sunset provision to codified provision. 

Sec. 3529. Additional technical corrections. 

Subtitle A—Maritime Administration 

Reauthorization 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2008. 

Funds are hereby authorized to be appropriated for fiscal year 

2008, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training activities, $124,303,000, of which— 

(A) $63,958,000 shall remain available until expended 

for expenses and capital improvements at the United States 

Merchant Marine Academy; and (B) $11,500,000 which shall remain available until 

expended for maintenance and repair of school ships at 

the State Maritime Academies. 

(2) For expenses to maintain and preserve a United Statesflag merchant fleet to serve the national security needs of 

the United States under chapter 531 of title 46, United States 

Code, $156,000,000. 

(3) For paying reimbursement under section 3517 of the 

Maritime Security Act of 2003 (46 U.S.C. 53101 note), 

$19,500,000. 

Deadline. 

Plan. 


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(4) For assistance to small shipyards and maritime communities under section 54101 of title 46, United States Code, 

$25,000,000. 

(5) For expenses to dispose of obsolete vessels in the 

National Defense Reserve Fleet, including provision of assistance under section 7 of Public Law 92–402, $20,000,000. 

(6) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan guarantees 

under the program authorized by chapter 537 of title 46, United 

States Code, $30,000,000. 

(7) For administrative expenses related to the implementation of the loan guarantee program under chapter 537 of title 

46, United States Code, administrative expenses related to 

implementation of the reimbursement program under section 

3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 

note), and administrative expenses related to the implementation of the small shipyards and maritime communities assistance program under section 54101 of title 46, United States 

Code, $6,000,000. 

SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE 

COMBATANT VESSELS TO NAVY FOR DISPOSAL. 

The Secretary of Transportation shall, subject to the availability 

of appropriations and consistent with section 1535 of title 31, United 

States Code, popularly known as the Economy Act, transfer to 

the Secretary of the Navy during fiscal year 2008 for disposal 

by the Navy, no fewer than 3 combatant vessels in the nonretention 

fleet of the Maritime Administration that are acceptable to the 

Secretary of the Navy. 

SEC. 3503. VESSEL DISPOSAL PROGRAM. 

(a) IN GENERAL.—Within 30 days after the date of the enactment of this Act, the Secretary of Transportation shall convene 

a working group to review and make recommendations on best 

practices for the storage and disposal of obsolete vessels owned 

or operated by the Federal Government. The Secretary shall invite 

senior representatives from the Maritime Administration, the Coast 

Guard, the Environmental Protection Agency, the National Oceanic 

and Atmospheric Administration, and the United States Navy to 

participate in the working group. The Secretary may request the 

participation of senior representatives of any other Federal department or agency, as appropriate, and may also request participation 

from concerned State environmental agencies. 

(b) SCOPE.—Among the vessels to be considered by the working 

group are Federally owned or operated vessels that are— 

(1) to be scrapped or recycled; 

(2) to be used as artificial reefs; or 

(3) to be used for the Navy’s SINKEX program. 

(c) PURPOSE.—The working group shall— 

(1) examine current storage and disposal policies, procedures, and practices for obsolete vessels owned or operated 

by Federal agencies; 

(2) examine Federal and State laws and regulations governing such policies, procedures, and practices and any 

applicable environmental laws; and 

(3) within 90 days after the date of enactment of the 

Act, submit a plan to the Committee on Armed Services and 

the Committee on Commerce, Science and Transportation of 

Deadline. 

Plan. 

Deadline. 

Establishment. 

46 USC 57102 

note. 


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PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 593 

the Senate and the Committee on Armed Services of the House 

of Representatives to improve and harmonize practices for storage and disposal of such vessels, including the interim transportation of such vessels. 

(d) CONTENTS OF PLAN.—The working group shall include in 

the plan submitted under subsection (c)(3)— 

(1) a description of existing measures for the storage, disposal, and interim transportation of obsolete vessels owned 

or operated by Federal agencies in compliance with Federal 

and State environmental laws in a manner that protects the 

environment; 

(2) a description of Federal and State laws and regulations 

governing the current policies, procedures, and practices for 

the storage, disposal, and interim transportation of such vessels; 

(3) recommendations for environmental best practices that 

meet or exceed, and harmonize, the requirements of Federal 

environmental laws and regulations applicable to the storage, 

disposal, and interim transportation of such vessels; 

(4) recommendations for environmental best practices that 

meet or exceed the requirements of State laws and regulations 

applicable to the storage, disposal, and interim transportation 

of such vessels; 

(5) procedures for the identification and remediation of 

any environmental impacts caused by the storage, disposal, 

and interim transportation of such vessels; and 

(6) recommendations for necessary steps, including regulations if appropriate, to ensure that best environmental practices 

apply to all such vessels. 

(e) IMPLEMENTATION OF PLAN.— 

(1) IN GENERAL.—As soon as practicable after the date 

of enactment of the Act, the head of each Federal department 

or agency participating in the working group, in consultation 

with the other Federal departments and agencies participating 

in the working group, shall take such action as may be necessary, including the promulgation of regulations, under 

existing authorities to ensure that the implementation of the 

plan provides for compliance with all Federal and State laws 

and for the protection of the environment in the storage, interim 

transportation, and disposal of obsolete vessels owned or operated by Federal agencies. 

(2) ARMED SERVICES VESSELS.—The Secretary and the Secretary of Defense, in consultation with the Administrator of 

the Environmental Protection Agency, shall each ensure that 

environmental best practices are observed with respect to the 

storage, disposal, and interim transportation of obsolete vessels 

owned or operated by the Department of Defense. 

(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to supersede, limit, modify, or otherwise affect any other 

provision of law, including environmental law. 

Subtitle B—Programs 

SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY. 

(a) IN GENERAL.—Subchapter III of chapter 575 of title 46, 

United States Code, is amended by adding at the end the following: 


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‘‘§ 57533. Vessel chartering authority 

‘‘The Secretary of Transportation may enter into contracts or 

other agreements on behalf of the United States to purchase, 

charter, operate, or otherwise acquire the use of any vessels documented under chapter 121 of this title and any other related real 

or personal property. The Secretary is authorized to use this 

authority as the Secretary deems appropriate.’’. 

(b) CONFORMING AMENDMENT.—The chapter analysis for 

chapter 575 of such title is amended by adding at the end the 

following: 

‘‘57533. Vessel chartering authority’’. 

SEC. 3512. MARITIME ADMINISTRATION VESSEL CHARTERING 

AUTHORITY. 

Section 50303 of title 46, United States Code, is amended 

by— 

(1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and 

(2) by striking ‘‘control;’’ in subsection (a)(1) and inserting 

‘‘control, except that the prior consent of the Secretary of 

Defense for such use shall be required with respect to any 

vessel in the Ready Reserve Force or in the National Defense 

Reserve Fleet which is maintained in a retention status for 

the Department of Defense;’’. 

SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL 

INSTRUMENTALITIES. 

Section 11(b) of the Merchant Ship Sales Act of 1946 (50 

U.S.C. App. 1744(b)), is amended— 

(1) by striking ‘‘or’’ after the semicolon in paragraph (3); 

(2) by striking ‘‘Defense.’’ in paragraph (4) and inserting 

‘‘Defense; or’’; and 

(3) by adding at the end thereof the following: 

‘‘(5) on a reimbursable basis, for charter to the government 

of any State, locality, or Territory of the United States, except 

that the prior consent of the Secretary of Defense for such 

use shall be required with respect to any vessel in the Ready 

Reserve Force or in the National Defense Reserve Fleet which 

is maintained in a retention status for the Department of 

Defense.’’. 

SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS. 

Section 6(c)(1) of the National Maritime Heritage Act of 1994 

(16 U.S.C. 5405(c)(1)) is amended— 

(1) by inserting ‘‘(either by sale or purchase of disposal 

services)’’ after ‘‘shall dispose’’; and 

(2) by striking subparagraph (A) of paragraph (1) and 

inserting the following: 

‘‘(A) in accordance with a priority system for disposing 

of vessels, as determined by the Secretary, which shall 

include provisions requiring the Maritime Administration 

to— 

‘‘(i) dispose of all deteriorated high priority ships 

that are available for disposal, within 12 months of 

their designation as such; and 

‘‘(ii) give priority to the disposition of those vessels 

that pose the most significant danger to the environment or cost the most to maintain;’’. 

Deadline. 


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SEC. 3515. VESSEL TRANSFER AUTHORITY. 

Section 50304 of title 46, United States Code, is amended 

by adding at the end thereof the following: 

‘‘(d) VESSEL CHARTERS TO OTHER DEPARTMENTS.—On a 

reimbursable or nonreimbursable basis, as determined by the Secretary of Transportation, the Secretary may charter or otherwise 

make available a vessel under the jurisdiction of the Secretary 

to any other department, upon the request by the Secretary of 

the Department that receives the vessel. The prior consent of the 

Secretary of Defense for such use shall be required with respect 

to any vessel in the Ready Reserve Force or in the National Defense 

Reserve Fleet which is maintained in a retention status for the 

Department of Defense.’’. 

SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE. 

Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 

(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows: 

‘‘(B) activate and conduct sea trials on each vessel 

at least once every 30 months;’’. 

SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES. 

(a) FINDINGS.—The Congress makes the following findings: 

(1) The maritime loan guarantee program was established 

by the Congress through the Merchant Marine Act, 1936 to 

encourage domestic shipbuilding by making available federally 

backed loan guarantees for new construction to ship owners 

and operators. 

(2) The maritime loan guarantee program has a long and 

successful history of ship construction with a low historical 

default rate. 

(3) The current process for review of applications for maritime loans in the Department of Transportation has effectively 

discontinued the program as envisioned by the Congress. 

(4) The President has requested no funding for the loan 

guarantee program despite the stated national policy to foster 

the development and encourage the maintenance of a merchant 

marine in section 50101 of title 46, United States Code. 

(5) United States commercial shipyards were placed at 

a competitive disadvantage in the world shipbuilding market 

by government subsidized foreign commercial shipyards. 

(6) The maritime loan guarantee program has the potential 

to modernize shipyards and the ships of the United States 

coastwise trade and restore a competitive position in the world 

shipbuilding market for United States shipyards. 

(7) The maritime loan guarantee program is a useful tool 

to encourage domestic shipbuilding, preserving a vital industrial capacity critical to the security of the United States. 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—Within 180 days after the date of enactment of this Act, the Administrator of the Maritime Administration shall develop and implement a comprehensive plan for 

the review of applications for loan guarantees under chapter 

537 of title 46, United States Code. 

(2) DEADLINE FOR ACTION ON APPLICATION.— 

(A) TRADITIONAL APPLICATIONS.—In the comprehensive 

plan the Administrator will ensure that within the 90- 

day period following receipt of all pertinent documentation 

Deadline. 

Plan. 

46 USC 53703 

note. 

Deadline. 


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122 STAT. 596 PUBLIC LAW 110–181—JAN. 28, 2008 

required for review of a traditional loan application, the 

application shall be either accepted or rejected. 

(B) NONTRADITIONAL APPLICATIONS.—In the comprehensive plan the Administrator will ensure that within 

the 180-day period following receipt of all pertinent documentation required for review of a nontraditional loan 

application, the application shall be either accepted or 

rejected. 

(c) SUBMISSION TO CONGRESS.—The Administrator shall submit 

a copy of the comprehensive plan to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Armed Services of the House of Representatives within 180 days 

after the date of enactment of this Act. 

(d) DEFINITIONS.—In this section: 

(1) TRADITIONAL APPLICATION.—The term ‘‘traditional 

application’’ means an application for a loan, guarantee, or 

commitment to guarantee submitted pursuant to chapter 537 

of title 46, United States Code, that involves a market, technology, and financial structure of a type that has proven 

successful in previous applications and does not present an 

unreasonable risk to the United States, as determined by the 

Administrator of the Maritime Administration. 

(2) NONTRADITIONAL APPLICATION.—The term ‘‘nontraditional application’’ means an application for a loan, guarantee, 

or commitment to guarantee submitted pursuant to chapter 

537 of title 46, United States Code, that is not a traditional 

application, as determined by the Administrator of the Maritime Administration. 

Subtitle C—Technical Corrections 

SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN. 

(a) AMENDMENT.—Section 30104 of title 46, United States Code, 

is amended— 

(1) by striking ‘‘(a) CAUSE OF ACTION.—’’; and 

(2) by repealing subsection (b). 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall be effective as if included in the enactment of Public Law 

109–304. 

SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 

109–163. 

(a) AMENDMENTS.—Title 46, United States Code, is amended 

as follows: 

(1) Section 53701 is amended by— 

(A) redesignating paragraphs (2) through (13) as paragraphs (3) through (14), respectively; 

(B) inserting after paragraph (1) the following: 

‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Maritime Administration.’’; and 

(C) striking paragraph (13) (as redesignated) and 

inserting the following: 

‘‘(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce with respect to fishing vessels and fishery 

facilities.’’. 

(2) Section 53706(c) is amended to read as follows: 

46 USC 30104 

note. 

Deadline. 

Records. 


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‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 

‘‘(1) VESSELS.—In guaranteeing or making a commitment 

to guarantee an obligation under this chapter, the Administrator shall give priority to— 

‘‘(A) a vessel that is otherwise eligible for a guarantee 

and is constructed with assistance under subtitle D of 

the Maritime Security Act of 2003 (46 U.S.C. 53101 note); 

and 

‘‘(B) after applying subparagraph (A), a vessel that 

is otherwise eligible for a guarantee and that the Secretary 

of Defense determines— 

‘‘(i) is suitable for service as a naval auxiliary 

in time of war or national emergency; and 

‘‘(ii) meets a shortfall in sealift capacity or capability. 

‘‘(2) TIME FOR DETERMINATION.—The Secretary of Defense 

shall determine whether a vessel satisfies paragraph (1)(B) 

not later than 30 days after receipt of a request from the 

Administrator for such a determination.’’. 

(3) Section 53707 is amended— 

(A) by inserting ‘‘or Administrator’’ in subsections (a) 

and (d) after ‘‘Secretary’’ each place it appears; 

(B) by striking ‘‘Secretary of Transportation’’ in subsection (b) and inserting ‘‘Administrator’’; 

(C) by striking ‘‘of Commerce’’ in subsection (c); and 

(D) in subsection (d)(2), by— 

(i) inserting ‘‘if the Secretary or Administrator considers necessary,’’ before ‘‘the waiver’’; and 

(ii) striking ‘‘the increased’’ and inserting ‘‘any 

significant increase in’’. 

(4) Section 53708 is amended— 

(A) by striking ‘‘SECRETARY OF TRANSPORTATION’’ in 

the heading of subsection (a) and inserting ‘‘ADMINISTRATOR’’; 

(B) by striking ‘‘Secretary’’ and ‘‘Secretary of Transportation’’ each place they appear in subsection (a) and 

inserting ‘‘Administrator’’; 

(C) by striking ‘‘OF COMMERCE’’ in the heading of subsection (b); 

(D) by striking ‘‘of Commerce’’ in subsections (b) and 

(c); 

(E) in subsection (d), by— 

(i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ 

the first place it appears; and 

(ii) striking ‘‘financial structures, or other risk factors identified by the Secretary. Any independent analysis conducted under this subsection shall be performed 

by a party chosen by the Secretary.’’ and inserting 

‘‘or financial structures. A third party independent 

analysis conducted under this subsection shall be performed by a private sector expert in assessing such 

risk factors who is selected by the Secretary or 

Administrator.’’; and 

(F) in subsection (e), by— 

(i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ 

the first place it appears; and 


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(ii) striking ‘‘financial structures, or other risk factors identified by the Secretary’’ and inserting ‘‘or 

financial structures’’. 

(5) Section 53710(b)(1) is amended by striking ‘‘Secretary’s’’ 

and inserting ‘‘Administrator’s’’. 

(6) Section 53712(b) is amended by striking the last sentence and inserting ‘‘If the Secretary or Administrator has 

waived a requirement under section 53707(d) of this title, the 

loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived 

requirement upon the occurrence of verifiable conditions indicating that the obligor’s financial condition enables the obligor 

to meet the waived requirement.’’. 

(7) Subsections (c) and (d) of section 53717 are each 

amended— 

(A) by striking ‘‘OF COMMERCE’’ in the subsection 

heading; and 

(B) by striking ‘‘of Commerce’’ each place it appears. 

(8) Section 53732(e)(2) is amended by inserting ‘‘of Defense’’ 

after ‘‘Secretary’’ the second place it appears. 

(9) The following provisions are amended by striking ‘‘Secretary’’ and ‘‘Secretary of Transportation’’ and inserting 

‘‘Administrator’’: 

(A) Section 53710(b)(2)(A)(i). 

(B) Section 53717(b) each place it appears in a heading 

and in text. 

(C) Section 53718. 

(D) Section 53731 each place it appears, except where 

‘‘Secretary’’ is followed by ‘‘of Energy’’. 

(E) Section 53732 (as amended by paragraph (8)) each 

place it appears, except where ‘‘Secretary’’ is followed by 

‘‘of the Treasury’’, ‘‘of State’’, or ‘‘of Defense’’. 

(F) Section 53733 each place it appears. 

(10) The following provisions are amended by inserting 

‘‘or Administrator’’ after ‘‘Secretary’’ each place it appears in 

headings and text, except where ‘‘Secretary’’ is followed by 

‘‘of Transportation’’ or ‘‘of the Treasury’’: 

(A) The items relating to sections 53722 and 53723 

in the chapter analysis for chapter 537. 

(B) Sections 53701(1), (4), and (9) (as redesignated 

by paragraph (1)(A)), 53702(a), 53703, 53704, 

53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 

53710(a) and (c), 53711, 53712 (except in the last sentence 

of subsection (b) as amended by paragraph (6)), 53713 

to 53716, 53721 to 53725, and 53734. 

(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) 

and (b)(1)(B), and 53724(b) are amended by inserting ‘‘or 

Administrator’s’’ after ‘‘Secretary’s’’. 

(b) REPEAL OF SUPERSEDED AMENDMENTS.—Section 3507 

(except subsection (c)(4)) of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163) is repealed. 

SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109– 

163. 

(a) AMENDMENTS.—Title 46, United States Code, is amended 

as follows: 

46 USC 53701 

et seq. 


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(1) Chapters 513 and 515 are amended by striking ‘‘Naval 

Reserve’’ each place it appears in analyses, headings, and text 

and inserting ‘‘Navy Reserve’’. 

(2) Section 51504(f) is amended to read as follows: 

‘‘(f) FUEL COSTS.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy 

the costs of fuel used by a vessel provided under this section 

while used for training. 

‘‘(2) MAXIMUM AMOUNTS.—The amount of the payment to 

a State maritime academy under paragraph (1) may not 

exceed— 

‘‘(A) $100,000 for fiscal year 2006; 

‘‘(B) $200,000 for fiscal year 2007; and 

‘‘(C) $300,000 for fiscal year 2008 and each fiscal year 

thereafter.’’. 

(3) Section 51505(b)(2)(B) is amended by striking ‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal year 2006, 

$400,000 for fiscal year 2007, and $500,000 for fiscal year 

2008 and each fiscal year thereafter’’. 

(4) Section 51701(a) is amended by striking ‘‘of the United 

States.’’ and inserting ‘‘of the United States and to perform 

functions to assist the United States merchant marine, as determined necessary by the Secretary.’’. 

(5)(A) Section 51907 is amended to read as follows: 

‘‘§ 51907. Provision of decorations, medals, and replacements 

‘‘The Secretary of Transportation may provide— 

‘‘(1) the decorations and medals authorized by this chapter 

and replacements for those decorations and medals; and 

‘‘(2) replacements for decorations and medals issued under 

a prior law.’’. 

(B) The item relating to section 51907 in the chapter analysis for chapter 519 is amended to read as follows: 

‘‘51907. Provision of decorations, medals, and replacements’’. 

(6)(A) The following new chapter is inserted after chapter 

539: 

‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec 

‘‘54101. Assistance for small shipyards and maritime communities’’. 

(B) Section 3506 of the National Defense Authorization 

Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred 

to and redesignated as section 54101 of title 46, United States 

Code, to appear at the end of chapter 541 of title 46, as 

inserted by subparagraph (A). 

(C) The heading of such section, as transferred by subparagraph (B), is amended to read as follows: 

‘‘§ 54101. Assistance for small shipyards and maritime 

communities’’. 

(D) Paragraph (1) of subsection (h) of such section, as 

transferred by subparagraph (B), is amended by striking ‘‘(15 

U.S.C. 632);’’ and inserting ‘‘(15 U.S.C. 632));’’. 

46 USC 51306, 

51311, 51509, 

51511. 


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(E) The table of chapters at the beginning of subtitle V 

is amended by inserting after the item relating to chapter 

539 the following new item: 

‘‘541. Miscellaneous ...................................................................... 54101’’. 

(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sections 515(g)(2), 

3502, 3509, and 3510 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163) are repealed. 

SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109–171. 

(a) AMENDMENTS.—Section 60301 of title 46, United States 

Code, is amended— 

(1) by striking ‘‘2 cents per ton (but not more than a 

total of 10 cents per ton per year)’’ in subsection (a) and 

inserting ‘‘4.5 cents per ton, not to exceed a total of 22.5 

cents per ton per year, for fiscal years 2006 through 2010, 

and 2 cents per ton, not to exceed a total of 10 cents per 

ton per year, for each fiscal year thereafter,’’; and 

(2) by striking ‘‘6 cents per ton (but not more than a 

total of 30 cents per ton per year)’’ in subsection (b) and 

inserting ‘‘13.5 cents per ton, not to exceed a total of 67.5 

cents per ton per year, for fiscal years 2006 through 2010, 

and 6 cents per ton, not to exceed a total of 30 cents per 

ton per year, for each fiscal year thereafter,’’. 

(b) REPEAL OF SUPERSEDED AMENDMENTS.—Section 4001 of 

the Deficit Reduction Act of 2005 (Public Law 109–171) is repealed. 

SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109–241. 

(a) AMENDMENTS.—Title 46, United States Code, is amended 

as follows: 

(1) Section 12111 is amended by adding at the end the 

following: 

‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING

UNITS.— 

‘‘(1) IN GENERAL.—Only a vessel for which a certificate 

of documentation with a registry endorsement is issued may 

engage in— 

‘‘(A) the setting, relocation, or recovery of the anchors 

or other mooring equipment of a mobile offshore drilling 

unit that is located over the outer Continental Shelf (as 

defined in section 2(a) of the Outer Continental Shelf Lands 

Act (43 U.S.C. 1331(a))); or 

‘‘(B) the transportation of merchandise or personnel 

to or from a point in the United States from or to a 

mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed. 

‘‘(2) COASTWISE TRADE NOT AUTHORIZED.—Nothing in paragraph (1) authorizes the employment in the coastwise trade 

of a vessel that does not meet the requirements of section 

12112 of this title.’’. 

(2) Section 12139(a) is amended by striking ‘‘and 

charterers’’ and inserting ‘‘charterers, and mortgagees’’. 

(3) Section 51307 is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (2); 

(B) by striking ‘‘organizations.’’ in paragraph (3) and 

inserting ‘‘organizations; and’’; and 

(C) by adding at the end the following: 

46 USC 60301. 

46 USC 51306, 

51311, 51504, 

51505, 51509, 

51511, 51701, 

51907. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 601 

‘‘(4) on any other vessel considered by the Secretary to 

be necessary or appropriate or in the national interest.’’. 

(4) Section 55105(b)(3) is amended by striking ‘‘Secretary 

of the department in which the Coast Guard is operating’’ 

and inserting ‘‘Secretary of Homeland Security’’. 

(5) Section 70306(a) is amended by striking ‘‘Not later 

than February 28 of each year, the Secretary shall submit 

a report’’ and inserting ‘‘The Secretary shall submit an annual 

report’’. 

(6) Section 70502(d)(2) is amended to read as follows: 

‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The response of 

a foreign nation to a claim of registry under paragraph (1)(A) 

or (C) may be made by radio, telephone, or similar oral or 

electronic means, and is proved conclusively by certification 

of the Secretary of State or the Secretary’s designee.’’. 

(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sections 303, 307, 

308, 310, 901(q), and 902(o) of the Coast Guard and Maritime 

Transportation Act of 2006 (Public Law 109–241) are repealed. 

SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109–364. 

(a) UPDATING OF CROSS REFERENCES.—Section 1017(b)(2) of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364, 10 U.S.C. 2631 note) is amended 

by striking ‘‘section 27 of the Merchant Marine Act, 1920 (46 

U.S.C. 883), section 12106 of title 46, United States Code, and 

section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 

inserting ‘‘sections 12112, 50501, and 55102 of title 46, United 

States Code’’. 

(b) SECTION 51306(e).— 

(1) IN GENERAL.—Section 51306 of title 46, United States 

Code, is amended by adding at the end the following: 

‘‘(e) ALTERNATIVE SERVICE.— 

‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An individual 

who, for the 5-year period following graduation from the 

Academy, serves as a commissioned officer on active duty in 

an armed force of the United States or as a commissioned 

officer of the National Oceanic and Atmospheric Administration 

or the Public Health Service shall be excused from the requirements of paragraphs (3) through (5) of subsection (a). 

‘‘(2) MODIFICATION OR WAIVER.—The Secretary may modify 

or waive any of the terms and conditions set forth in subsection 

(a) through the imposition of alternative service requirements.’’. 

(2) APPLICATION.—Section 51306(e) of title 46, United 

States Code, as added by paragraph (1), applies only to an 

individual who enrolls as a cadet at the United States Merchant 

Marine Academy, and signs an agreement under section 

51306(a) of title 46, after October 17, 2006. 

(c) SECTION 51306(f).— 

(1) IN GENERAL.—Section 51306 of title 46, United States 

Code, is further amended by adding at the end the following: 

‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORTING REQUIREMENT.— 

‘‘(1) IN GENERAL.—Subject to any otherwise applicable 

restrictions on disclosure in section 552a of title 5, the Secretary 

of Defense, the Secretary of the department in which the Coast 

Guard is operating, the Administrator of the National Oceanic 

46 USC 51306 

note. 

46 USC 12111, 

12139, 51307, 

55105, 70306, 

70502. 

Certification. 


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122 STAT. 602 PUBLIC LAW 110–181—JAN. 28, 2008 

and Atmospheric Administration, and the Surgeon General of 

the Public Health Service— 

‘‘(A) shall report the status of obligated service of an 

individual graduate of the Academy upon request of the 

Secretary; and 

‘‘(B) may, in their discretion, notify the Secretary of 

any failure of the graduate to perform the graduate’s duties, 

either on active duty or in the Ready Reserve component 

of their respective service, or as a commissioned officer 

of the National Oceanic and Atmospheric Administration 

or the Public Health Service, respectively. 

‘‘(2) INFORMATION TO BE PROVIDED.—A report or notice 

under paragraph (1) shall identify any graduate determined 

to have failed to comply with service obligation requirements 

and provide all required information as to why such graduate 

failed to comply. 

‘‘(3) CONSIDERED AS IN DEFAULT.—Upon receipt of such 

a report or notice, such graduate may be considered to be 

in default of the graduate’s service obligations by the Secretary, 

and subject to all remedies the Secretary may have with respect 

to such a default.’’. 

(2) APPLICATION.—Section 51306(f) of title 46, United States 

Code, as added by paragraph (1), does not apply with respect 

to an agreement entered into under section 51306(a) of title 

46, United States Code, before October 17, 2006. 

(d) SECTION 51509(c).—Section 51509(c) of title 46, United 

States Code, is amended— 

(1) by striking ‘‘MIDSHIPMAN AND’’ in the subsection heading 

and ‘‘midshipman and’’ in the text; and 

(2) inserting ‘‘or the Coast Guard Reserve’’ after ‘‘Reserve)’’. 

(e) SECTION 51908(a).—Section 51908(a) of title 46, United 

States Code, is amended by striking ‘‘under this chapter’’ and 

inserting ‘‘by this chapter or the Secretary of Transportation’’. 

(f) SECTION 53105(e)(2).—Section 53105(e)(2) of title 46, United 

States Code, is amended by striking ‘‘section 2 of the Shipping 

Act, 1916 (46 U.S.C. App. 802),’’ and inserting ‘‘section 50501 of 

this title’’. 

(g) REPEAL OF SUPERSEDED AMENDMENTS.—Sections 3505, 

3506, 3508, and 3510(a) and (b) of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364) are repealed. 

SEC. 3527. MISCELLANEOUS AMENDMENTS. 

(a) DELETION OF OBSOLETE REFERENCE TO CANTON ISLAND.— 

Section 55101(b) of title 46, United States Code, is amended— 

(1) by inserting ‘‘or’’ after the semicolon at the end of 

paragraph (2); 

(2) by striking paragraph (3); and 

(3) by redesignating paragraph (4) as paragraph (3). 

(b) IMPROVEMENT OF HEADING.—Title 46, United States Code, 

is amended as follows: 

(1) The heading of section 55110 is amended by inserting 

‘‘valueless material or’’ before ‘‘dredged material’’. 

(2) The item for section 55110 in the analysis for chapter 

551 is amended by inserting ‘‘valueless material or’’ before 

‘‘dredged material’’. 

46 USC 51306 

and note, 51509, 

51908, 53909 and 

note. 

46 USC 57306 

note. 

Reports. 


dkrause on GSDDPC29 with PUBLIC LAWS
PUBLIC LAW 110–181—JAN. 28, 2008 122 STAT. 603 

SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVISION. 

For purposes of section 303 of the Jobs and Growth Tax Relief 

Reconciliation Act of 2003 (Public Law 108–27, 26 U.S.C. 1 note), 

the amendment made by section 301(a)(2)(E) of that Act shall 

be deemed to have been made to section 53511(f)(2) of title 46, 

United States Code. 

SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS. 

(a) AMENDMENTS TO TITLE 46.—Title 46, United States Code, 

is amended as follows: 

(1) The analysis for chapter 21 is amended by striking 

the item relating to section 2108. 

(2) Section 12113(g) is amended by inserting ‘‘and’’ after 

‘‘Conservation’’. 

(3) Section 12131 is amended by striking ‘‘commmand’’ 

and inserting ‘‘command’’. 

(b) AMENDMENTS TO PUBLIC LAW 109–304.— 

(1) AMENDMENTS.—Public Law 109–304 is amended as follows: 

(A) Section 15(10) is amended by striking ‘‘46 App. 

U.S.C.’’ and inserting ‘‘46 U.S.C. App.’’. 

(B) Section 15(30) is amended by striking ‘‘Shipping 

Act, 1936’’ and inserting ‘‘Shipping Act, 1916’’. 

(C) The schedule of Statutes at Large repealed in section 19, as it relates to the Act of June 29, 1936, is amended 

by— 

(i) striking the second section ‘‘1111’’ (relating to 

46 U.S.C. App. 1279f) and inserting section ‘‘1113’’; 

and 

(ii) striking the second section ‘‘1112’’ (relating to 

46 U.S.C. App. 1279g) and inserting section ‘‘1114’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall be effective as if included in the enactment of Public 

Law 109–304. 

(c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE AMENDMENTS.— 

(1) REPEAL.—Sections 9(a), 15(21) and (33)(A) through 

(D)(i), and 16(c)(2) of Public Law 109–304 are repealed. 

(2) INTENDED EFFECT.—The provisions repealed by paragraph (1) shall be treated as if never enacted. 

26 USC 9504 

note. 

26 USC 9504; 46 

USC 6101, 

70117, 7011B, 

70120, 70121. 

46 USC 3205 

note. 

46 USC note 

prec. 101. 

46 USC 31325. 

46 USC 3205. 

46 USC 53511 

note. 


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122 STAT. 604 PUBLIC LAW 110–181—JAN. 28, 2008 

LEGISLATIVE HISTORY—H.R. 4986: 

Vol. 154 (2008): Jan. 16, considered and passed House. 

Jan. 22, considered and passed Senate. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

Jan. 28, Presidential statement. 

Æ 

(d) LARGE PASSENGER VESSEL CREW REQUIREMENTS.—Section 

8103(k)(3)(C)(iv) of title 46, United States Code, is amended by 

inserting ‘‘and section 252 of the Immigration and Nationality Act 

(8 U.S.C. 1282)’’ after ‘‘of such section’’. 

Approved January 28, 2008. 


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