I 

110TH CONGRESS 

2D SESSION H. R. 4986 

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 judgements 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2008 

Mr. SKELTON (for himself and Mr. HUNTER) introduced the following bill; 

which was referred to the Committee on Armed Services 

JANUARY 16, 2008 

The Committee on Armed Services discharged; considered and passed 

A BILL 

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 judgements 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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY 

4 STATEMENT. 

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

6 ‘‘National Defense Authorization Act for Fiscal Year 

7 2008’’. 

8 (b) EXPLANATORY STATEMENT.—The Joint Explan9 atory Statement submitted by the Committee of Con10 ference for the conference report to accompany H.R. 1585 

11 of the 110th Congress (Report 110–477) shall be deemed 

12 to be part of the legislative history of this Act and shall 

13 have the same effect with respect to the implementation 

14 of this Act as it would have had with respect to the imple15 mentation of H.R. 1585, if such bill had been enacted. 

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

17 CONTENTS. 

18 (a) DIVISIONS.—This Act is organized into three divi19 sions as follows: 

20 (1) Division A—Department of Defense Au21 thorizations. 

22 (2) Division B—Military Construction Author23 izations. 


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1 (3) Division C—Department of Energy Na2 tional Security Authorizations and Other Authoriza3 tions. 

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

5 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. 

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. 


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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. 

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


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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. 


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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. 

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 


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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. 

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. 


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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. 


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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. 

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. 


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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. 

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. 


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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 offcycle 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 nonregular service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 


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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. 

Subtitle G—Other Matters 

Sec. 671. Referral bonus authorities. 

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

Selected Reserve. 

Sec. 673. Ensuring entry into United States after time abroad for permanent 

resident alien military spouses and children. 

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

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

Corps selected for promotion while interned as prisoners of war 

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

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Military Health Benefits 

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

costs for members of the uniformed services. 

Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program. 

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

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

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

Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain members of the Selected Reserve. 

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

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

on mental health care services. 

Subtitle B—Studies and Reports 

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

Extra. 

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

Sec. 713. Report on patient satisfaction surveys. 

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

Forces before their deployment. 

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

Forces. 


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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. 

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. 


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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 


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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. 


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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. 

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. 


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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 counterdrug 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. 

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. 


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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. 


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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. 

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. 


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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. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 


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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. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 


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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 combatrelated 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. 


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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. 

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. 


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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. 

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. 


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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. 


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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. 

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. 


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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 XXVIIII—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. 

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. 


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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. 


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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. 

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. 


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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. 

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. 


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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. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 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. 


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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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2008 for procurement for the Army as follows: 

6 (1) For aircraft, $4,168,798,000. 

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

8 (3) For weapons and tracked combat vehicles, 

9 $3,007,489,000. 

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

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

12 (6) For the Joint Improvised Explosive Device 

13 Defeat Fund, $228,000,000. 


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1 SEC. 102. NAVY AND MARINE CORPS. 

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2008 for procurement for the Navy 

4 as follows: 

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

6 (2) For weapons, including missiles and tor7 pedoes, $3,068,187,000. 

8 (3) For shipbuilding and conversion, 

9 $13,596,120,000. 

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

11 (b) MARINE CORPS.—Funds are hereby authorized to 

12 be appropriated for fiscal year 2008 for procurement for 

13 the Marine Corps in the amount of $2,299,419,000. 

14 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

15 are hereby authorized to be appropriated for fiscal year 

16 2008 for procurement of ammunition for the Navy and 

17 the Marine Corps in the amount of $1,058,832,000. 

18 SEC. 103. AIR FORCE. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2008 for procurement for the Air Force as fol21 lows: 

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

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

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

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


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1 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2008 for Defense-wide procurement in the 

4 amount of $3,280,435,000. 

5 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2008 for the procurement of aircraft, missiles, 

8 wheeled and tracked combat vehicles, tactical wheeled ve9 hicles, ammunition, other weapons, and other procurement 

10 for the reserve components of the Armed Forces in the 

11 amount of $980,000,000. 

12 Subtitle B—Army Programs 

13 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

14 M1A2 ABRAMS SYSTEM ENHANCEMENT PACK15 AGE UPGRADES. 

16 The Secretary of the Army, in accordance with sec17 tion 2306b of title 10, United States Code, may enter into 

18 a multiyear contract, beginning with the fiscal year 2008 

19 program year, for procurement of M1A2 Abrams System 

20 Enhancement Package upgrades. 

21 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

22 M2A3/M3A3 BRADLEY FIGHTING VEHICLE UP23 GRADES. 

24 The Secretary of the Army, in accordance with sec25 tion 2306b of title 10, United States Code, may enter into 

26 a multiyear contract, beginning with the fiscal year 2008 


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1 program year, for procurement of M2A3/M3A3 Bradley 

2 fighting vehicle upgrades. 

3 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

4 CONVERSION OF CH-47D HELICOPTERS TO 

5 CH-47F CONFIGURATION. 

6 The Secretary of the Army may, in accordance with 

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

8 a multiyear contract, beginning with the fiscal year 2008 

9 program year, for conversion of CH-47D helicopters to the 

10 CH-47F configuration. 

11 SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH12 47F HELICOPTERS. 

13 The Secretary of the Army may, in accordance with 

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

15 a multiyear contract, beginning with the fiscal year 2008 

16 program year, for procurement of CH-47F helicopters. 

17 SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 

18 1 OF THE WARFIGHTER INFORMATION NET19 WORK-TACTICAL PROGRAM PENDING CER20 TIFICATION TO CONGRESS. 

21 (a) FUNDING RESTRICTED.—Of the amounts appro22 priated pursuant to an authorization of appropriations for 

23 fiscal year 2008 or otherwise made available for Other 

24 Procurement, Army, that are available for Increment 1 of 

25 the Warfighter Information Network-Tactical program, 


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1 not more than 50 percent may be obligated or expended 

2 until the Director of Operational Test and Evaluation sub3 mits to the congressional defense committees a certifi4 cation, in writing, that the Director of Operational Test 

5 and Evaluation has approved a Test and Evaluation Mas6 ter Plan and Initial Operational Test Plan for Increment 

7 1 of the Warfighter Information Network-Tactical pro8 gram. 

9 (b) INCREMENT 1 DEFINED.—For the purposes of 

10 this section, Increment 1 of the Warfighter Information 

11 Network-Tactical program includes all program elements 

12 described as constituting ‘‘Increment 1’’ in the memo13 randum titled ‘‘Warfighter Information Network-Tactical 

14 (WIN-T) Program Acquisition Decision Memorandum’’, 

15 dated June 5, 2007, and signed by the Under Secretary 

16 of Defense for Acquisition, Technology, and Logistics. 

17 SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL 

18 MISSILE SYSTEM PRODUCTION LINE PEND19 ING REPORT. 

20 (a) PROHIBITION.—Amounts appropriated pursuant 

21 to the authorization of appropriations in section 101(2) 

22 for missiles, Army, and in section 1502(4) for missile pro23 curement, Army, and any other appropriated funds avail24 able to the Secretary of the Army may not be used to close 

25 the production line for the Army Tactical Missile System 


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1 program until after the date on which the Secretary of 

2 the Army submits to the congressional defense committees 

3 a report that contains— 

4 (1) the certification of the Secretary that the 

5 long range surface-to-surface strike and counter bat6 tery mission of the Army can be adequately per7 formed by other Army weapons systems or by other 

8 elements of the Armed Forces; and 

9 (2) a plan to mitigate any shortfalls in the in10 dustrial base that would be created by the closure of 

11 the production line. 

12 (b) SUBMISSION OF REPORT.—The report referred to 

13 in subsection (a) is required not later than April 1, 2008. 

14 SEC. 117. STRYKER MOBILE GUN SYSTEM. 

15 (a) LIMITATION ON AVAILABILITY OF FUNDS.—None 

16 of the amounts authorized to be appropriated by sections 

17 101(3) and 1501(3) for procurement of weapons and 

18 tracked combat vehicles for the Army may be obligated 

19 or expended for purposes of the procurement of the 

20 Stryker Mobile Gun System until 30 days after the date 

21 on which the Secretary of the Army certifies to Congress 

22 that the Stryker Mobile Gun System is operationally effec23 tive, suitable, and survivable for its anticipated deploy24 ment missions. 


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1 (b) WAIVER.—The Secretary of Defense may waive 

2 the limitation in subsection (a) if the Secretary— 

3 (1) determines that further procurement of the 

4 Stryker Mobile Gun System utilizing amounts re5 ferred to in subsection (a) is in the national security 

6 interest of the United States notwithstanding the in7 ability of the Secretary of the Army to make the cer8 tification required by that subsection; and 

9 (2) submits to the Congress, in writing, a noti10 fication of the waiver together with a discussion of— 

11 (A) the reasons for the determination de12 scribed in paragraph (1); and 

13 (B) the actions that will be taken to miti14 gate any deficiencies that cause the Stryker 

15 Mobile Gun System not to be operationally ef16 fective, suitable, or survivable, as that case may 

17 be, as described in subsection (a). 

18 Subtitle C—Navy Programs 

19 SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR20 GINIA-CLASS SUBMARINE PROGRAM. 

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

22 accordance with section 2306b of title 10, United States 

23 Code, enter into multiyear contracts, beginning with the 

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1 ment associated with the Virginia-class submarine pro2 gram. 

3 (b) LIMITATION.—The Secretary may not enter into 

4 a contract authorized by subsection (a) until— 

5 (1) the Secretary submits to the congressional 

6 defense committees a certification that the Secretary 

7 has made, with respect to that contract, each of the 

8 findings required by subsection (a) of section 2306b 

9 of title 10, United States Code; and 

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

11 date of the transmission of such certification. 

12 SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRAT13 EGY. 

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

15 shall provide for a study to determine the effectiveness of 

16 current financing mechanisms for providing incentives for 

17 contractors to make shipbuilding capital expenditures, and 

18 to assess potential capital expenditure incentives that 

19 would lead to ship construction or life-cycle cost savings 

20 to the Federal Government. The study shall examine— 

21 (1) potential improvements in design tools and 

22 techniques, material management, technology inser23 tion, systems integration and testing, and other key 

24 processes and functions that would lead to reduced 

25 construction costs; 


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1 (2) construction process improvements that 

2 would reduce procurement and life-cycle costs of the 

3 vessels under construction at the contractor’s facili4 ties; and 

5 (3) incentives for investment in shipyard infra6 structure that support construction process improve7 ments. 

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

9 Secretary of the Navy shall submit to the congressional 

10 defense committees a report providing the results of the 

11 study under subsection (a). The report shall include each 

12 of the following: 

13 (1) An assessment of the shipbuilding industrial 

14 base, as measured by a 10-year history for major 

15 shipbuilders with respect to— 

16 (A) estimated value of shipbuilding facili17 ties; 

18 (B) critical shipbuilding capabilities; 

19 (C) capital expenditures; 

20 (D) major investments in process improve21 ments; and 

22 (E) costs for related Navy shipbuilding 

23 projects. 


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1 (2) A description of mechanisms available to 

2 the Government and industry to finance facilities 

3 and process improvements, including— 

4 (A) contract incentive and award fees; 

5 (B) facilities capital cost of money; 

6 (C) facilities depreciation; 

7 (D) progress payment provisions; 

8 (E) other contract terms and conditions; 

9 (F) State and Federal tax provisions and 

10 tax incentives; 

11 (G) the National Shipbuilding Research 

12 Program; and 

13 (H) any other mechanisms available. 

14 (3) A summary of potential shipbuilding invest15 ments that offer greatest reduction to shipbuilding 

16 costs, including, for each such investment— 

17 (A) a project description; 

18 (B) an estimate of required investment; 

19 (C) the estimated return on investment; 

20 and 

21 (D) alternatives for financing the invest22 ment. 

23 (4) The Navy’s strategy for providing incentives 

24 for contractors’ capital expenditures that would lead 

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1 eral Government, including identification of any spe2 cific changes in legislative authority that would be 

3 required for the Secretary to execute this strategy. 

4 (c) UTILIZATION OF OTHER STUDIES AND OUTSIDE

5 EXPERTS.—The study shall build upon the results of the 

6 2005 and 2006 Global Shipbuilding Industrial Base 

7 Benchmarking studies. Financial analysis associated with 

8 the report shall be conducted in consultation with financial 

9 experts independent of the Department of Defense. 

10 SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF 

11 A SKILLED UNITED STATES SHIPYARD WORK12 FORCE. 

13 (a) SENSE OF CONGRESS.—It is the sense of Con14 gress that the preservation of a robust domestic skilled 

15 workforce is required for the national shipbuilding infra16 structure and particularly essential to the construction of 

17 ships for the United States Navy. 

18 (b) STUDY REQUIRED.— 

19 (1) IN GENERAL.—The Secretary of the Navy 

20 shall determine, on a one-time, non-recurring basis, 

21 and in consultation with the Department of Labor, 

22 the average number of H2B visa workers employed 

23 by the major shipbuilders in the construction of 

24 United States Navy ships during the calendar year 

25 ending December 31, 2007. The study shall also 


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1 identify the number of workers petitioned by the 

2 major shipbuilders for use in calendar year 2008, as 

3 of the first quarter of calendar year 2008. 

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

5 Secretary of the Navy shall submit to the congres6 sional defense committees a report containing the re7 sults of the study required by subsection (b). 

8 (3) DEFINITIONS.—In this paragraph— 

9 (A) the term ‘‘major shipbuilder’’ means a 

10 prime contractor or a first-tier subcontractor 

11 responsible for delivery of combatant and sup12 port vessels required for the naval vessel force, 

13 as reported within the annual naval vessel con14 struction plan required by section 231 of title 

15 10, United States Code; and 

16 (B) the term ‘‘H2B visa’’ means a non-im17 migrant visa program that permits employers to 

18 hire foreign workers to come temporarily to the 

19 United States and perform temporary non-agri20 cultural services or labor on a one-time, sea21 sonal, peakload, or intermittent basis. 


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1 SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF 

2 CONSTRUCTION ON FIRST SHIP OF A SHIP3 BUILDING PROGRAM. 

4 (a) IN GENERAL.—Concurrent with approving the 

5 start of construction of the first ship for any major ship6 building program, the Secretary of the Navy shall— 

7 (1) submit a report to the congressional defense 

8 committees on the results of any production readi9 ness review; and 

10 (2) certify to the congressional defense commit11 tees that the findings of any such review support 

12 commencement of construction. 

13 (b) REPORT.—The report required by subsection 

14 (a)(1) shall include, at a minimum, an assessment of each 

15 of the following: 

16 (1) The maturity of the ship’s design, as meas17 ured by stability of the ship contract specifications 

18 and the degree of completion of detail design and 

19 production design drawings. 

20 (2) The maturity of developmental command 

21 and control systems, weapon and sensor systems, 

22 and hull, mechanical and electrical systems. 

23 (3) The readiness of the shipyard facilities and 

24 workforce to begin construction. 


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1 (4) The Navy’s estimated cost at completion 

2 and the adequacy of the budget to support the esti3 mate. 

4 (5) The Navy’s estimated delivery date and de5 scription of any variance to the contract delivery 

6 date. 

7 (6) The extent to which adequate processes and 

8 metrics are in place to measure and manage pro9 gram risks. 

10 (c) APPLICABILITY.—This section applies to each 

11 major shipbuilding program beginning after the date of 

12 the enactment of this Act. 

13 (d) DEFINITIONS.—For the purposes of subsection 

14 (a): 

15 (1) START OF CONSTRUCTION.—The term 

16 ‘‘start of construction’’ means the beginning of fab17 rication of the hull and superstructure of the ship. 

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

19 to a ship if— 

20 (A) the ship is the first ship to be con21 structed under that shipbuilding program; or 

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

23 constructed has not previously started construc24 tion on a ship under that shipbuilding program. 


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1 (3) MAJOR SHIPBUILDING PROGRAM.—The 

2 term ‘‘major shipbuilding program’’ means a pro3 gram for the construction of combatant and support 

4 vessels required for the naval vessel force, as re5 ported within the annual naval vessel construction 

6 plan required by section 231 of title 10, United 

7 States Code. 

8 (4) PRODUCTION READINESS REVIEW.—The 

9 term ‘‘production readiness review’’ means a formal 

10 examination of a program prior to the start of con11 struction to determine if the design is ready for pro12 duction, production engineering problems have been 

13 resolved, and the producer has accomplished ade14 quate planning for the production phase. 

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

16 Section 124 of the National Defense Authorization 

17 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

18 3157) is amended by striking subsections (a), (b), (c), and 

19 (d) and inserting the following: 

20 ‘‘(a) LIMITATION OF COSTS.— 

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

22 or expended for the procurement costs of post-2007 

23 LCS vessels shall not exceed $460,000,000 per ves24 sel. 


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1 ‘‘(2) PROCUREMENT COSTS.—For purposes of 

2 this section, procurement costs shall include all costs 

3 for plans, basic construction, change orders, elec4 tronics, ordnance, contractor support, and other 

5 costs associated with completion of production draw6 ings, ship construction, test, and delivery, including 

7 work performed post-delivery that is required to 

8 meet original contract requirements. 

9 ‘‘(3) POST-2007 LCS VESSELS.—For purposes 

10 of this section, the term ‘post-2007 LCS vessel’ 

11 means a vessel in the Littoral Combat Ship (LCS) 

12 class of vessels, the procurement of which is funded 

13 from amounts appropriated pursuant to an author14 ization of appropriations or otherwise made available 

15 for fiscal year 2008 or any fiscal year thereafter. 

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

17 shall employ a fixed-price type contract for construction 

18 of post-2007 LCS vessels. 

19 ‘‘(c) LIMITATION OF GOVERNMENT LIABILITY.—The 

20 Secretary of the Navy shall not enter into a contract, or 

21 modify a contract, for construction or final delivery of 

22 post-2007 LCS vessels if the limitation of the Govern23 ment’s cost liability, when added to the sum of other budg24 eted procurement costs, would exceed $460,000,000 per 

25 vessel. 


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1 ‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.—The 

2 Secretary of the Navy may adjust the amount set forth 

3 in subsections (a)(1) and (c) for vessels referred to in such 

4 subsections by the following: 

5 ‘‘(1) The amounts of increases or decreases in 

6 costs attributable to compliance with changes in 

7 Federal, State, or local laws enacted after Sep8 tember 30, 2007. 

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

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

11 Subtitle D—Air Force Programs 

12 SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT. 

13 No funds appropriated pursuant to an authorization 

14 of appropriations or otherwise made available for procure15 ment, or for research, development, test, and evaluation, 

16 may be obligated or expended for the Joint Cargo Aircraft 

17 until 30 days after the Secretary of Defense submits to 

18 the congressional defense committees each of the fol19 lowing: 

20 (1) The Air Force Air Mobility Command’s Air21 lift Mobility Roadmap. 

22 (2) The Department of Defense Intra-Theater 

23 Airlift Capabilities Study. 

24 (3) The Department of Defense Joint Intra25 Theater Distribution Assessment. 


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1 (4) The Joint Cargo Aircraft Functional Area 

2 Series Analysis. 

3 (5) The Joint Cargo Aircraft Analysis of Alter4 natives. 

5 (6) The Joint Intra-Theater Airlift Fleet Mix 

6 Analysis. 

7 (7) The Secretary’s certification that— 

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

9 Army, Department of the Air Force, Army Na10 tional Guard, or Air National Guard, a capa11 bility gap or shortfall with respect to intra-the12 ater airlift; and 

13 (B) validated requirements exist to fill that 

14 gap or shortfall through procurement of the 

15 Joint Cargo Aircraft. 

16 SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT 

17 OF U–2 AIRCRAFT. 

18 Section 133(b) of the John Warner National Defense 

19 Authorization Act for Fiscal Year 2007 (Public Law 109– 

20 364; 120 Stat. 2112) is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘After fiscal year 2007’’ 

23 and inserting ‘‘For each fiscal year after fiscal 

24 year 2007’’; and 


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1 (B) by inserting after ‘‘Secretary of De2 fense’’ the following: ‘‘, in that fiscal year,’’; 

3 and 

4 (2) in paragraph (2)— 

5 (A) by inserting after ‘‘Department of De6 fense’’ the following: ‘‘in a fiscal year’’; and 

7 (B) by inserting after ‘‘Congress’’ the fol8 lowing: ‘‘in that fiscal year’’. 

9 SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RE10 TIRED C–130E TACTICAL AIRCRAFT. 

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

12 in subsection (b), section 137(b) of the John Warner Na13 tional Defense Authorization Act for Fiscal Year 2007 

14 (Public Law 109–364; 120 Stat. 2114) is repealed. 

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

16 subsection is the date that is 30 days after the date on 

17 which the Secretary of the Air Force submits to the con18 gressional defense committees the Fleet Mix Analysis 

19 Study. 

20 SEC. 134. LIMITATION ON RETIREMENT OF C–130E/H TAC21 TICAL AIRLIFT AIRCRAFT. 

22 (a) GENERAL PROHIBITION.—The Secretary of the 

23 Air Force may not retire C–130E/H tactical airlift aircraft 

24 during fiscal year 2008, except as provided in subsection 

25 (b). 


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1 (b) CONTINGENT AUTHORITY TO RETIRE CERTAIN

2 C–130E AIRCRAFT.—Effective as of the date specified in 

3 subsection (d), subsection (a) shall not apply to C–130E 

4 tactical airlift aircraft, and the number of such aircraft 

5 retired by the Secretary of the Air Force during fiscal year 

6 2008 may not exceed 24. 

7 (c) TREATMENT OF RETIRED AIRCRAFT.—The Sec8 retary of the Air Force shall maintain each C–130E tac9 tical airlift aircraft that is retired during fiscal year 2008 

10 in a condition that would allow recall of that aircraft to 

11 future service. 

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

13 subsection is the date that is 30 days after the date on 

14 which the Secretary of the Air Force submits to the con15 gressional defense committees the Fleet Mix Analysis 

16 Study. 

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

18 REFUELING AIRCRAFT. 

19 (a) LIMITATION ON RETIREMENT OF MORE THAN 48 

20 AIRCRAFT.—The Secretary of the Air Force may not re21 tire more than 48 KC–135E aerial refueling aircraft of 

22 the Air Force during fiscal year 2008, except as provided 

23 in subsection (b). 

24 (b) CONTINGENT AUTHORITY TO RETIRE 37 ADDI25 TIONAL AIRCRAFT.—Effective as of the date specified in 


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1 subsection (c), the number of such aircraft retired by the 

2 Secretary of the Air Force during fiscal year 2008 may 

3 not exceed 85. 

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

5 subsection is the date that is 15 days after the date on 

6 which the Secretary of the Air Force submits to the con7 gressional defense committees the Secretary’s certification 

8 that— 

9 (1) the system design and development contract 

10 for the KC-X program has been awarded; and 

11 (2) if a protest is submitted pursuant to sub12 chapter 5 of title 31, United States Code— 

13 (A) the protest has been resolved in favor 

14 of the Federal agency; or 

15 (B) the Secretary has authorized perform16 ance of the contract (notwithstanding the pro17 test). 

18 SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE 

19 C–130E TACTICAL AIRLIFT AIRCRAFT. 

20 The Secretary of the Air Force may transfer not 

21 more than 3 C–130E tactical airlift aircraft, allowed to 

22 be retired under the John Warner National Defense Au23 thorization Act for Fiscal Year 2007 (Public Law 109– 

24 364), to the Government of Iraq. 


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1 SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT 

2 OF B–52 BOMBER AIRCRAFT. 

3 (a) MAINTENANCE OF PRIMARY, BACKUP, AND AT4 TRITION RESERVE INVENTORY OF AIRCRAFT.—Sub5 section (a) of section 131 of the John Warner National 

6 Defense Authorization Act for Fiscal Year 2007 (Public 

7 Law 109–364; 120 Stat. 2111) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (A), by striking 

10 ‘‘and’’ at the end; 

11 (B) in subparagraph (B), by striking the 

12 period at the end and inserting a semicolon; 

13 and 

14 (C) by adding at the end the following: 

15 ‘‘(C) shall maintain in a common capability 

16 configuration a primary aircraft inventory of 

17 not less than 63 such aircraft, a backup aircraft 

18 inventory of not less than 11 such aircraft, and 

19 an attrition reserve aircraft inventory of not 

20 less than 2 such aircraft; and 

21 ‘‘(D) shall not keep any such aircraft re22 ferred to in subparagraph (C) in a status con23 sidered excess to the requirements of the pos24 sessing command and awaiting disposition in25 structions.’’; and 

26 (2) by adding at the end the following: 


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

2 (1): 

3 ‘‘(A) The term ‘primary aircraft inventory’ 

4 means aircraft assigned to meet the primary 

5 aircraft authorization to— 

6 ‘‘(i) a unit for the performance of its 

7 wartime mission; 

8 ‘‘(ii) a training unit primarily for 

9 technical and specialized training for crew 

10 personnel or leading to aircrew qualifica11 tion; 

12 ‘‘(iii) a test unit for testing of the air13 craft or its components for purposes of re14 search, development, test and evaluation, 

15 operational test and evaluation, or to sup16 port testing programs; or 

17 ‘‘(iv) meet requirements for special 

18 missions not elsewhere classified. 

19 ‘‘(B) The term ‘backup aircraft inventory’ 

20 means aircraft above the primary aircraft in21 ventory to permit scheduled and unscheduled 

22 depot level maintenance, modifications, inspec23 tions, and repairs, and certain other mitigating 

24 circumstances without reduction of aircraft 

25 available for the assigned mission. 


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1 ‘‘(C) The term ‘attrition reserve aircraft 

2 inventory’ means aircraft required to replace 

3 anticipated losses of primary aircraft inventory 

4 due to peacetime accidents or wartime attrition. 

5 ‘‘(4) TREATMENT OF RETIRED AIRCRAFT.—Of 

6 the aircraft retired in accordance with paragraph 

7 (1)(A), the Secretary of the Air Force may use not 

8 more than 2 such aircraft for maintenance ground 

9 training.’’. 

10 (b) NOTICE OF RETIREMENT.—Subsection (b)(1) of 

11 such section is amended by striking ‘‘45 days’’ and insert12 ing ‘‘60 days’’. 

13 TITLE II—RESEARCH, DEVELOP14 MENT, TEST, AND EVALUA15 TION 

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. 


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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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2008 for the use of the Department of Defense 

6 for research, development, test, and evaluation as follows: 

7 (1) For the Army, $10,840,392,000. 


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1 (2) For the Navy, $16,980,732,000. 

2 (3) For the Air Force, $25,692,521,000. 

3 (4) For Defense-wide activities, 

4 $20,213,900,000, of which $180,264,000 is author5 ized for the Director of Operational Test and Eval6 uation. 

7 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH8 NOLOGY. 

9 (a) FISCAL YEAR 2008.—Of the amounts authorized 

10 to be appropriated by section 201, $10,913,944,000 shall 

11 be available for the Defense Science and Technology Pro12 gram, including basic research, applied research, and ad13 vanced technology development projects. 

14 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD15 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

16 purposes of this section, the term ‘‘basic research, applied 

17 research, and advanced technology development’’ means 

18 work funded in program elements for defense research and 

19 development under Department of Defense budget activity 

20 1, 2, or 3. 


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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 211. OPERATIONAL TEST AND EVALUATION OF FU5 TURE COMBAT SYSTEMS NETWORK. 

6 (a) OPERATIONAL TEST AND EVALUATION RE7 QUIRED.—The Secretary of the Army, in cooperation with 

8 the Director, Operational Test and Evaluation, shall com9 plete an operational test and evaluation (as defined in sec10 tion 139(a)(2)(A) of title 10, United States Code), of the 

11 FCS network in a realistic environment simulating oper12 ational conditions. The operational test and evaluation 

13 shall— 

14 (1) be conducted in accordance with a Future 

15 Combat Systems Test and Evaluation Master Plan 

16 approved by the Director, Operational Test and 

17 Evaluation; 

18 (2) be conducted using prototype equipment, 

19 sensors, and software for the FCS network; 

20 (3) be conducted in a manner that simulates a 

21 full Future Combat Systems brigade; 

22 (4) be conducted, to the maximum extent pos23 sible, using actual communications equipment in24 stead of computer simulations; 


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1 (5) be conducted in a realistic operational elec2 tronic warfare environment, including enemy elec3 tronic warfare and network attacks; and 

4 (6) include, to the maximum extent possible, all 

5 sensor information feeds the FCS network is de6 signed to incorporate. 

7 (b) FCS NETWORK DEFINED.—In this section, the 

8 term ‘‘FCS network’’ includes all sensors, information sys9 tems, computers, and communications systems necessary 

10 to support Future Combat Systems brigade operations. 

11 (c) REPORT.—Not later than 120 days after com12 pleting the operational test and evaluation required by 

13 subsection (a), the Director, Operational Test and Evalua14 tion shall submit to the congressional defense committees 

15 a report on the outcome of the operational test and evalua16 tion. The report shall include, at a minimum— 

17 (1) an evaluation of the overall operational ef18 fectiveness of the FCS network, including— 

19 (A) an evaluation of the FCS network’s ca20 pability to transmit the volume and classes of 

21 data required by Future Combat Systems ap22 proved requirements; and 

23 (B) an evaluation of the FCS network’s 

24 performance in a degraded condition due to 

25 enemy network attack, sophisticated enemy 


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1 electronic warfare, adverse weather conditions, 

2 and terrain variability; 

3 (2) an evaluation of the FCS network’s ability 

4 to improve friendly force knowledge of the location 

5 and capability of enemy forces and combat systems; 

6 and 

7 (3) an evaluation of the overall operational suit8 ability of the FCS network. 

9 (d) LIMITATION PENDING SUBMISSION OF RE10 PORT.— 

11 (1) IN GENERAL.—No funds, with the exception 

12 of funds for advanced procurement, appropriated 

13 pursuant to an authorization of appropriations or 

14 otherwise made available to the Department of the 

15 Army for any fiscal year may be obligated for low16 rate initial production or full-rate production of Fu17 ture Combat Systems manned ground vehicles until 

18 60 days after the date on which the report is sub19 mitted under subsection (c). 

20 (2) WAIVER AUTHORITY.—The Secretary of De21 fense may waive the limitation in paragraph (1) if 

22 the Secretary determines that such a waiver is crit23 ical for national security. Such a waiver shall not be24 come effective until 45 days after the date on which 


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1 the Secretary submits to the congressional defense 

2 committees a written notice of the waiver. 

3 (3) INAPPLICABILITY TO THE NON LINE OF

4 SIGHT CANNON VEHICLE.—The limitation in para5 graph (1) does not apply to the Non Line of Sight 

6 Cannon vehicle. 

7 SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DE8 VELOPMENT AND DEMONSTRATION OF JOINT 

9 LIGHT TACTICAL VEHICLE PROGRAM. 

10 Of the amounts appropriated pursuant to an author11 ization of appropriations or otherwise made available for 

12 the Joint Light Tactical Vehicle Program for the acquisi13 tion program phase of systems development and dem14 onstration for fiscal year 2008 or any fiscal year there15 after, no more than 50 percent of those amounts may be 

16 obligated or expended until after— 

17 (1) the Under Secretary of Defense for Acquisi18 tion, Technology, and Logistics, or the appropriate 

19 milestone decision authority, makes the certification 

20 required by section 2366a of title 10, United States 

21 Code, with respect to the Joint Light Tactical Vehi22 cle Program; and 

23 (2) the certification has been received by the 

24 congressional defense committees. 


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1 SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND 

2 FUNDS FOR DEVELOPMENT AND PROCURE3 MENT OF A COMPETITIVE PROPULSION SYS4 TEM FOR THE JOINT STRIKE FIGHTER. 

5 Of the funds appropriated pursuant to an authoriza6 tion of appropriations or otherwise made available for fis7 cal year 2008 or any year thereafter, for research, develop8 ment, test, and evaluation and procurement for the Joint 

9 Strike Fighter Program, the Secretary of Defense shall 

10 ensure the obligation and expenditure in each such fiscal 

11 year of sufficient annual amounts for the continued devel12 opment and procurement of 2 options for the propulsion 

13 system for the Joint Strike Fighter in order to ensure the 

14 development and competitive production for the propulsion 

15 system for the Joint Strike Fighter. 

16 SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE17 WIDE MANUFACTURING SCIENCE AND TECH18 NOLOGY PROGRAM. 

19 No funds available to the Office of the Secretary of 

20 Defense for any fiscal year may be obligated or expended 

21 for the defense-wide manufacturing science and technology 

22 program unless the Director, Defense Research and Engi23 neering, ensures each of the following: 

24 (1) A component of the Department of Defense 

25 has requested and evaluated— 


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1 (A) competitive proposals, for each project 

2 under the program that is not a project covered 

3 by subparagraph (B); and 

4 (B) proposals from as many sources as is 

5 practicable under the circumstances, for a 

6 project under the program if the disclosure of 

7 the needs of the Department of Defense with 

8 respect to that project would compromise the 

9 national security. 

10 (2) Each project under the program is carried 

11 out— 

12 (A) in accordance with the statutory re13 quirements of the Manufacturing Technology 

14 Program established by section 2521 of title 10, 

15 United States Code; and 

16 (B) in compliance with all requirements of 

17 any directive that applies to manufacturing 

18 technology. 

19 (3) An implementation plan has been developed. 

20 SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM. 

21 (a) TRANSFER OF FUNDS.—(1) Of the amount au22 thorized to be appropriated by section 201(3) for research, 

23 development, test, and evaluation, Air Force activities, and 

24 made available for the activities of the Intelligence Sys25 tems Support Office, an aggregate of $13,000,000 shall 


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1 be transferred to the Advanced Sensor Applications Pro2 gram not later than 60 days after the date of the enact3 ment of this Act. 

4 (2) Of the amount authorized to be appropriated by 

5 section 301(2) for operation and maintenance, Navy ac6 tivities, and made available for the activities of the Office 

7 of Naval Intelligence, an aggregate of $5,000,000 shall be 

8 transferred to the Advanced Sensor Applications Program 

9 not later than 60 days after the date of the enactment 

10 of this Act. 

11 (b) ASSIGNMENT OF PROGRAM.—Management of the 

12 program shall reside within the office of the Under Sec13 retary of Defense for Intelligence until certain conditions 

14 specified in the classified annex to the statement of man15 agers accompanying this Act are met. The program shall 

16 be executed by the Commander, Naval Air Systems Com17 mand in consultation with the Program Executive Officer 

18 for Aviation for the Navy. 

19 SEC. 216. ACTIVE PROTECTION SYSTEMS. 

20 (a) LIVE-FIRE TESTS REQUIRED.— 

21 (1) IN GENERAL.—The Secretary of Defense 

22 shall undertake live-fire tests, of appropriate foreign 

23 and domestic active protection systems with size, 

24 weight, and power characteristics suitable for proVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tecting wheeled tactical vehicles, especially light 

2 wheeled tactical vehicles, in order— 

3 (A) to determine the effectiveness of such 

4 systems for protecting wheeled tactical vehicles; 

5 and 

6 (B) to develop information useful in the 

7 consideration of the adoption of such systems in 

8 defense acquisition programs. 

9 (2) REPORTS.—Not later than March 1 of each 

10 of 2008 and 2009, the Secretary shall submit to the 

11 congressional defense committees a report on the re12 sults of the tests undertaken under paragraph (1) as 

13 of the date of such report. 

14 (3) FUNDING.—The live-fire tests required by 

15 paragraph (1) shall be conducted using funds au16 thorized and appropriated for the Joint Improvised 

17 Explosive Device Defeat Fund. 

18 (b) COMPREHENSIVE ASSESSMENT REQUIRED.— 

19 (1) IN GENERAL.—The Secretary shall under20 take a comprehensive assessment of active protection 

21 systems in order to develop information useful in the 

22 development of joint active protection systems and 

23 other defense programs. 

24 (2) ELEMENTS.—The assessment under para25 graph (1) shall include— 


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1 (A) an identification of the potential merits 

2 and operational costs of the use of active pro3 tection systems by United States military 

4 forces; 

5 (B) a characterization of the threats that 

6 use of active protection systems by potential ad7 versaries would pose to United States military 

8 forces and weapons; 

9 (C) an identification and assessment of 

10 countermeasures to active protection systems; 

11 (D) an analysis of collateral damage poten12 tial of active protection systems; 

13 (E) an identification and assessment of 

14 emerging direct-fire and top-attack threats to 

15 defense systems that could potentially deploy 

16 active protection systems; and 

17 (F) an identification and assessment of 

18 critical technology elements of active protection 

19 systems. 

20 (3) REPORT.—Not later than December 31, 

21 2008, the Secretary shall submit to the congres22 sional defense committees a report on the assess23 ment under paragraph (1). 


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1 Subtitle C—Ballistic Missile 

2 Defense 

3 SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL 

4 TEST AND EVALUATION, IN MISSILE DEFENSE 

5 TEST AND EVALUATION ACTIVITIES. 

6 Section 139 of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating subsections (f) through (j) 

9 as subsections (g) through (k), respectively; and 

10 (2) by inserting after subsection (e) the fol11 lowing new subsection (f): 

12 ‘‘(f)(1) The Director of the Missile Defense Agency 

13 shall make available to the Director of Operational Test 

14 and Evaluation the results of all tests and evaluations con15 ducted by the Missile Defense Agency and of all studies 

16 conducted by the Missile Defense Agency in connection 

17 with tests and evaluations in the Missile Defense Agency. 

18 ‘‘(2) The Director of Operational Test and Evalua19 tion may require that such observers as the Director des20 ignates be present during the preparation for and the con21 ducting of any test and evaluation conducted by the Mis22 sile Defense Agency. 

23 ‘‘(3) The Director of Operational Test and Evalua24 tion shall have access to all records and data in the De25 partment of Defense (including the records and data of 


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1 the Missile Defense Agency) that the Director considers 

2 necessary to review in order to carry out his duties under 

3 this subsection.’’. 

4 SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE 

5 MISSILE DEFENSE AGENCY. 

6 (a) IN GENERAL.—The Secretary of Defense shall 

7 enter into an agreement with 1 of the Federally Funded 

8 Research and Development Centers under which the Cen9 ter shall carry out an independent study to examine, and 

10 make recommendations with respect to, the long-term 

11 structure, roles, and missions of the Missile Defense Agen12 cy. 

13 (b) MATTERS INCLUDED.— 

14 (1) REVIEW.—The study shall include a full re15 view of the structure, roles, and missions of the Mis16 sile Defense Agency. 

17 (2) ASSESSMENTS.—The study shall include an 

18 examination and assessment of the current and fu19 ture— 

20 (A) structure, roles, and missions of the 

21 Missile Defense Agency; 

22 (B) relationship of the Missile Defense 

23 Agency with— 


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1 (i) the Office of the Under Secretary 

2 of Defense for Acquisition, Technology, 

3 and Logistics; 

4 (ii) the Office of the Under Secretary 

5 of Defense for Policy; 

6 (iii) the Director of Operational Test 

7 and Evaluation; 

8 (iv) the Commander of the United 

9 States Strategic Command and other com10 batant commanders; 

11 (v) the Joint Requirements Oversight 

12 Council; and 

13 (vi) the military departments; 

14 (C) operations and sustainment of missile 

15 defenses; 

16 (D) acquisition process for missile defense; 

17 (E) requirements process for missile de18 fense; and 

19 (F) transition and transfer of missile de20 fense capabilities to the military departments. 

21 (3) RECOMMENDATIONS.—The study shall in22 clude recommendations as to how the Missile De23 fense Agency can be made more effective to support 

24 the needs of the warfighter, especially with regard to 

25 near-term missile defense capabilities. The study 


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1 shall also examine the full range of options for the 

2 future of the Missile Defense Agency and shall in3 clude, but not be limited to, specific recommenda4 tions as to whether— 

5 (A) the Missile Defense Agency should be 

6 maintained in its current configuration; 

7 (B) the scope and nature of the Missile 

8 Defense Agency should be changed from an or9 ganization focused on research and development 

10 to an organization focused on combat support; 

11 (C) any functions and responsibilities 

12 should be added to the Missile Defense Agency, 

13 in part or in whole, from other entities such as 

14 the United States Strategic Command and the 

15 military departments; and 

16 (D) any functions and responsibilities of 

17 the Missile Defense Agency should be trans18 ferred, in part or in whole, to other entities 

19 such as the United States Strategic Command 

20 and the military departments. 

21 (c) COOPERATION FROM GOVERNMENT.—In carrying 

22 out the study, the Federally Funded Research and Devel23 opment Center shall receive the full and timely cooperation 

24 of the Secretary of Defense and any other United States 

25 Government official in providing the Center with analyses, 


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1 briefings, and other information necessary for the fulfill2 ment of its responsibilities. 

3 (d) REPORT.—Not later than September 1, 2008, the 

4 Federally Funded Research and Development Center shall 

5 submit to the Committee on Armed Services of the Senate 

6 and the Committee on Armed Services of the House of 

7 Representatives a report on its findings, conclusions, and 

8 recommendations. 

9 (e) FUNDING.—Funds for the study shall be provided 

10 from amounts appropriated for the Department of De11 fense. 

12 SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR 

13 MISSILE DEFENSE AGENCY ACTIVITIES. 

14 (a) REVISED BUDGET STRUCTURE.—The budget jus15 tification materials submitted to Congress in support of 

16 the Department of Defense budget for any fiscal year after 

17 fiscal year 2009 (as submitted with the budget of the 

18 President under section 1105(a) of title 31, United States 

19 Code) shall set forth separately amounts requested for the 

20 Missile Defense Agency for each of the following: 

21 (1) Research, development, test, and evaluation. 

22 (2) Procurement. 

23 (3) Operation and maintenance. 

24 (4) Military construction. 


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1 (b) REVISED BUDGET STRUCTURE FOR FISCAL

2 YEAR 2009.—The budget justification materials sub3 mitted to Congress in support of the Department of De4 fense budget for fiscal year 2009 (as submitted with the 

5 budget of the President under section 1105(a) of title 31, 

6 United States Code) shall— 

7 (1) identify all known and estimated operation 

8 and support costs; and 

9 (2) set forth separately amounts requested for 

10 the Missile Defense Agency for each of the following: 

11 (A) Research, development, test, and eval12 uation. 

13 (B) Procurement or advance procurement 

14 of long lead items, including for Terminal High 

15 Altitude Area Defense firing units 3 and 4, and 

16 for Standard Missile-3 Block 1A interceptors. 

17 (C) Military construction. 

18 (c) AVAILABILITY OF RDT&E FUNDS FOR FISCAL

19 YEAR 2009.—Upon approval by the Secretary of Defense, 

20 and consistent with the plan submitted under subsection 

21 (f), funds appropriated pursuant to an authorization of 

22 appropriations or otherwise made available for fiscal year 

23 2009 for research, development, test, and evaluation for 

24 the Missile Defense Agency— 


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1 (1) may be used for the fielding of ballistic mis2 sile defense capabilities approved previously by Con3 gress; and 

4 (2) may not be used for— 

5 (A) military construction activities; or 

6 (B) procurement or advance procurement 

7 of long lead items, including for Terminal High 

8 Altitude Area Defense firing units 3 and 4, and 

9 for Standard Missile-3 Block 1A interceptors. 

10 (d) FULL FUNDING REQUIREMENT NOT APPLICA11 BLE TO USE OF PROCUREMENT FUNDS FOR FISCAL

12 YEARS 2009 AND 2010.—In any case in which funds ap13 propriated pursuant to an authorization of appropriations 

14 or otherwise made available for procurement for the Mis15 sile Defense Agency for fiscal years 2009 and 2010 are 

16 used for the fielding of ballistic missile defense capabili17 ties, the funds may be used for the fielding of those capa18 bilities on an ‘‘incremental’’ basis, notwithstanding any 

19 law or policy of the Department of Defense that would 

20 otherwise require a ‘‘full funding’’ basis. 

21 (e) RELATIONSHIP TO OTHER LAW.—Nothing in this 

22 provision shall be construed to alter or otherwise affect 

23 in any way the applicability of the requirements and other 

24 provisions of section 234(a) through (d) of the Ronald W. 

25 Reagan National Defense Authorization Act for Fiscal 


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1 Year 2005 (Public Law 108–375; 118 Stat. 1837; 10 

2 U.S.C. 2431 note). 

3 (f) PLAN REQUIRED.—Not later than March 1, 2008, 

4 the Director of the Missile Defense Agency shall submit 

5 to the Committee on Armed Services of the Senate and 

6 the Committee on Armed Services of the House of Rep7 resentatives a plan for transitioning the Missile Defense 

8 Agency from using exclusively research, development, test, 

9 and evaluation funds to using procurement, military con10 struction, operations and maintenance, and research, de11 velopment, test, and evaluation funds for the appropriate 

12 budget activities, and for transitioning from incremental 

13 funding to full funding for fiscal years after fiscal year 

14 2010. 

15 (g) OBJECTIVES FOR ACQUISITION ACTIVITIES.— 

16 (1) IN GENERAL.—Commencing as soon as 

17 practicable, but not later than the submittal to Con18 gress of the budget for the President for fiscal year 

19 2009 under section 1105(a) of title 31, United 

20 States Code, the Missile Defense Agency shall take 

21 appropriate actions to achieve the following objec22 tives in its acquisition activities: 

23 (A) Improved transparency. 

24 (B) Improved accountability. 

25 (C) Enhanced oversight. 


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1 (2) REQUIRED ACTIONS.—In order to achieve 

2 the objectives specified in paragraph (1), the Missile 

3 Defense Agency shall, at a minimum, take actions as 

4 follows: 

5 (A) Establish acquisition cost, schedule, 

6 and performance baselines for each ballistic 

7 missile defense system element that— 

8 (i) has entered the equivalent of the 

9 systems development and demonstration 

10 phase of acquisition; or 

11 (ii) is being produced and acquired for 

12 operational fielding. 

13 (B) Provide unit cost reporting data for 

14 each ballistic missile defense system element 

15 covered by subparagraph (A), and secure inde16 pendent estimation and verification of such cost 

17 reporting data. 

18 (C) Include, in the budget justification ma19 terials described in subsection (a), a description 

20 of actions being taken in the fiscal year in 

21 which such materials are submitted, and the ac22 tions to be taken in the fiscal year covered by 

23 such materials, to achieve such objectives. 

24 (3) SPECIFICATION OF BALLISTIC MISSILE DE25 FENSE SYSTEM ELEMENTS.—The ballistic missile 


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1 defense system elements that, as of October 2007, 

2 are ballistic missile defense system elements covered 

3 by paragraph (2)(A) are the following elements: 

4 (A) Ground-based Midcourse Defense. 

5 (B) Aegis Ballistic Missile Defense. 

6 (C) Terminal High Altitude Area Defense. 

7 (D) Forward-Based X-band radar-Trans8 portable (AN/TPY–2). 

9 (E) Command, Control, Battle Manage10 ment, and Communications. 

11 (F) Sea-Based X-band radar. 

12 (G) Upgraded Early Warning radars. 

13 SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING 

14 WARHEAD ON SM–3 BLOCK IIA MISSILE. 

15 None of the funds appropriated or otherwise made 

16 available pursuant to an authorization of appropriations 

17 in this Act may be obligated or expended to replace the 

18 unitary warhead on the SM–3 Block IIA missile with the 

19 Multiple Kill Vehicle until after the Secretary of Defense 

20 certifies to Congress that— 

21 (1) the United States and Japan have reached 

22 an agreement to replace the unitary warhead on the 

23 SM–3 Block IIA missile; and 

24 (2) replacing the unitary warhead on the SM– 

25 3 Block IIA missile with the Multiple Kill Vehicle 


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1 will not delay the expected deployment date of 

2 2014–2015 for that missile. 

3 SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESS4 MENTS OF BALLISTIC MISSILE DEFENSE PRO5 GRAMS. 

6 Section 232(g) of the National Defense Authorization 

7 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend8 ed— 

9 (1) in paragraph (1), by striking ‘‘through 

10 2008’’ and inserting ‘‘through 2013’’; and 

11 (2) in paragraph (2), by striking ‘‘through 

12 2009’’ and inserting ‘‘through 2014’’. 

13 SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR 

14 PROCUREMENT, CONSTRUCTION, AND DE15 PLOYMENT OF MISSILE DEFENSES IN EU16 ROPE. 

17 (a) GENERAL LIMITATION.—No funds authorized to 

18 be appropriated by this Act may be obligated or expended 

19 for procurement, site activation, construction, preparation 

20 of equipment for, or deployment of a long-range missile 

21 defense system in Europe until the following conditions 

22 have been met: 

23 (1) The governments of the countries in which 

24 major components of such missile defense system 

25 (including interceptors and associated radars) are 


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1 proposed to be deployed have each given final ap2 proval to any missile defense agreements negotiated 

3 between such governments and the United States 

4 Government concerning the proposed deployment of 

5 such components in their countries. 

6 (2) Forty five days have elapsed following the 

7 receipt by Congress of the report required under 

8 subsection (c)(6). 

9 (b) ADDITIONAL LIMITATION.—In addition to the 

10 limitation in subsection (a), no funds authorized to be ap11 propriated by this Act may be obligated or expended for 

12 the acquisition or deployment of operational missiles of a 

13 long-range missile defense system in Europe until the Sec14 retary of Defense, after receiving the views of the Director 

15 of Operational Test and Evaluation, submits to Congress 

16 a report certifying that the proposed interceptor to be de17 ployed as part of such missile defense system has dem18 onstrated, through successful, operationally realistic flight 

19 testing, a high probability of working in an operationally 

20 effective manner. 

21 (c) REPORT ON INDEPENDENT ASSESSMENT FOR

22 BALLISTIC MISSILE DEFENSE IN EUROPE.— 

23 (1) INDEPENDENT ASSESSMENT.—Not later 

24 than 30 days after the date of the enactment of this 

25 Act, the Secretary of Defense shall select a federally 


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1 funded research and development center to conduct 

2 an independent assessment of options for ballistic 

3 missile defense for forward deployed forces of the 

4 United States and its allies in Europe and for the 

5 United States homeland. 

6 (2) ANALYSIS OF ADMINISTRATION PRO7 POSAL.—The study shall provide a full analysis of 

8 the Administration’s proposal to protect forward-de9 ployed forces of the United States and its allies in 

10 Europe, forward-deployed radars in Europe, and the 

11 United States by deploying, in Europe, interceptors 

12 and radars of the Ground-Based Midcourse Defense 

13 (GMD) system. In providing the analysis, the study 

14 shall examine each of the following matters: 

15 (A) The threat to Europe and the United 

16 States of ballistic missiles (including short17 range, medium-range, intermediate-range, and 

18 long-range ballistic missiles) from Iran, includ19 ing the likelihood and timing of such threats. 

20 (B) The technical capabilities of the sys21 tem, as so deployed, to effectively protect for22 ward-deployed forces of the United States and 

23 its allies in Europe, forward-deployed radars in 

24 Europe, and the United States against the 

25 threat specified in subparagraph (A). 


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1 (C) The degree of coverage of the Euro2 pean territory of members of the North Atlantic 

3 Treaty Organization. 

4 (D) The political implications of such a de5 ployment on the United States, the North At6 lantic Treaty Organization, and other interested 

7 parties. 

8 (E) Integration and interoperability with 

9 North Atlantic Treaty Organization missile de10 fenses. 

11 (F) The operational issues associated with 

12 such a deployment, including operational effec13 tiveness. 

14 (G) The force structure implications of 

15 such a deployment, including a comparative 

16 analysis of alternative deployment options. 

17 (H) The budgetary implications of such a 

18 deployment, including possible allied cost shar19 ing, and the cost-effectiveness of such a deploy20 ment. 

21 (I) Command and control arrangements, 

22 including any command and control roles for 

23 the United States European Command and the 

24 North Atlantic Treaty Organization. 


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1 (J) Potential opportunities for participa2 tion by the Government of Russia. 

3 (3) ANALYSIS OF ALTERNATIVES.—The study 

4 shall also provide a full analysis of alternative sys5 tems that could be deployed to fulfill, in whole or in 

6 part, the protective purposes of the Administration’s 

7 proposal. The alternative systems shall include a 

8 range of feasible combinations of other missile de9 fense systems that are available or are expected to 

10 be available as of 2015 and 2020. These should in11 clude, but not be limited to, the following: 

12 (A) The Patriot PAC–3 system. 

13 (B) The Medium Extended Air Defense 

14 System. 

15 (C) The Aegis Ballistic Missile Defense 

16 system, with all variants of the Standard Mis17 sile–3 interceptor. 

18 (D) The Terminal High Altitude Area De19 fense (THAAD) system. 

20 (E) Forward-Based X-band Transportable 

21 (FBX-T) radars. 

22 (F) The Kinetic Energy Interceptor (KEI). 

23 (G) Other non-United States, North Atlan24 tic Treaty Organization missile defense systems 

25 or components. 


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1 (4) MATTERS EXAMINED.—In providing the 

2 analysis, the study shall examine, for each alter3 native system included, each of the matters specified 

4 in paragraph (2). 

5 (5) COOPERATION OF OTHER AGENCIES.—The 

6 Secretary of Defense shall provide the federally 

7 funded research and development center selected 

8 under paragraph (1) data, analyses, briefings, and 

9 other information as the center considers necessary 

10 to carry out the assessment described in that para11 graph. Furthermore, the Director of National Intel12 ligence and the heads of other departments and 

13 agencies of the United States Government shall also 

14 provide the center the appropriate data, analyses, 

15 briefings, and other information necessary for the 

16 purpose of carrying out the assessment described in 

17 that paragraph. 

18 (6) REPORT.—Not later than 180 days after 

19 the date of the enactment of this Act, the federally 

20 funded research and development center shall submit 

21 to the congressional defense committees and the Sec22 retary of Defense a report on the results of the 

23 study. The report shall be in unclassified form, but 

24 may include a classified annex. 


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1 (7) FUNDING.—Of the amounts appropriated or 

2 otherwise made available pursuant to the authoriza3 tion of appropriations in section 201(4), $1,000,000 

4 is available to carry out the study required by this 

5 subsection. 

6 (d) CONSTRUCTION.—Nothing in this section shall be 

7 construed to limit continuing obligation and expenditure 

8 of funds for missile defense, including for research and 

9 development and for other activities not otherwise limited 

10 by subsection (a) or (b), including, but not limited to, site 

11 surveys, studies, analysis, and planning and design for the 

12 proposed missile defense deployment in Europe. 

13 SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE CO14 OPERATION WITH ISRAEL. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that the United States should have an active pro17 gram of ballistic missile defense cooperation with Israel, 

18 and should take steps to improve the coordination, inter19 operability, and integration of United States and Israeli 

20 missile defense capabilities, and to enhance the capability 

21 of both nations to defend against ballistic missile threats 

22 present in the Middle East region. 

23 (b) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the SecVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 retary of Defense shall submit to the congressional 

2 defense committees a report on the status of missile 

3 defense cooperation between the United States and 

4 Israel. 

5 (2) CONTENT.—The report submitted under 

6 this subsection shall include each of the following: 

7 (A) A description of the current program 

8 of ballistic missile defense cooperation between 

9 the United States and Israel, including its ob10 jectives and results to date. 

11 (B) A description of steps taken within the 

12 previous five years to improve the interoper13 ability and coordination of the missile defense 

14 capabilities of the United States and Israel. 

15 (C) A description of steps planned to be 

16 taken by the governments of the United States 

17 and Israel in the future to improve the coordi18 nation, interoperability, and integration of their 

19 missile defense capabilities. 

20 (D) A description of joint efforts of the 

21 United States and Israel to develop ballistic 

22 missile defense technologies. 

23 (E) A description of joint missile defense 

24 exercises and training that have been conducted 


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1 by the United States and Israel, and the lessons 

2 learned from those exercises. 

3 (F) A description of the joint missile de4 fense testing activities of the United States and 

5 Israel, past and planned, and the benefits of 

6 such joint testing activities. 

7 (G) A description of how the United States 

8 and Israel share threat assessments regarding 

9 the ballistic missile threat. 

10 (H) Any other matters that the Secretary 

11 considers appropriate. 

12 SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DE13 PLOYMENT OF MISSILE DEFENSE INTERCEP14 TORS IN ALASKA. 

15 None of the funds authorized to be appropriated by 

16 this Act may be obligated or expended to deploy more than 

17 40 Ground-Based Interceptors at Fort Greely, Alaska, 

18 until the Secretary of Defense, after receiving the views 

19 of the Director of Operational Test and Evaluation, sub20 mits to Congress a certification that the Block 2006 

21 Ground-based Midcourse Defense element of the Ballistic 

22 Missile Defense System has demonstrated, through oper23 ationally realistic end-to-end flight testing, that it has a 

24 high probability of working in an operationally effective 

25 manner. 


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1 SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION 

2 OF THE UNITED STATES AND ITS ALLIES 

3 AGAINST IRANIAN BALLISTIC MISSILES. 

4 (a) FINDING.—Congress finds that Iran maintains a 

5 nuclear program in continued defiance of the international 

6 community while developing ballistic missiles of increasing 

7 sophistication and range that— 

8 (1) pose a threat to— 

9 (A) the forward-deployed forces of the 

10 United States; 

11 (B) North Atlantic Treaty Organization 

12 (NATO) allies in Europe; and 

13 (C) other allies and friendly foreign coun14 tries in the region; and 

15 (2) eventually could pose a threat to the United 

16 States homeland. 

17 (b) POLICY OF THE UNITED STATES.—It is the pol18 icy of the United States— 

19 (1) to develop, test, and deploy, as soon as tech20 nologically feasible, in conjunction with allies and 

21 friendly foreign countries whenever possible, an ef22 fective defense against the threat from Iran de23 scribed in subsection (a) that will provide protec24 tion— 


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1 (A) for the forward-deployed forces of the 

2 United States, NATO allies, and other allies 

3 and friendly foreign countries in the region; and 

4 (B) for the United States homeland; 

5 (2) to encourage the NATO alliance to accel6 erate its efforts to— 

7 (A) protect NATO territory in Europe 

8 against the existing threat of Iranian short- and 

9 medium-range ballistic missiles; and 

10 (B) facilitate the ability of NATO allies to 

11 acquire the missile defense systems needed to 

12 provide a wide-area defense capability against 

13 short- and medium-range ballistic missiles; and 

14 (3) to proceed with the activities specified in 

15 paragraphs (1) and (2) in a manner such that any 

16 missile defense systems fielded by the United States 

17 in Europe are integrated with or complementary to 

18 missile defense systems fielded by NATO in Europe. 

19 Subtitle D—Other Matters 

20 SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRA21 TION ACTIVITIES RELATED TO ACQUISITION 

22 PROGRAMS. 

23 (a) IN GENERAL.—The Secretary of Defense, acting 

24 through the Under Secretary of Defense for Acquisition, 

25 Technology, and Logistics, shall coordinate and manage 


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1 human systems integration activities throughout the ac2 quisition programs of the Department of Defense. 

3 (b) ADMINISTRATION.—In carrying out subsection 

4 (a), the Secretary shall designate a senior official to be 

5 responsible for the effort. 

6 (c) RESPONSIBILITIES.—In carrying out this section, 

7 the senior official designated in subsection (b) shall— 

8 (1) coordinate the planning, management, and 

9 execution of such activities; and 

10 (2) identify and recommend, as appropriate, re11 source requirements for human systems integration 

12 activities. 

13 (d) DESIGNATION.—The designation required by sub14 section (b) shall be made not later than 60 days after the 

15 date of the enactment of this Act. 

16 SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF 

17 LABORATORY FACILITIES, SERVICES, AND 

18 EQUIPMENT. 

19 Section 2539b of title 10, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (2) by striking ‘‘and’’ at 

23 the end; 

24 (B) in paragraph (3) by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(4) make available to any person or entity, 

3 through leases, contracts, or other appropriate ar4 rangements, facilities, services, and equipment of 

5 any government laboratory, research center, or 

6 range, if the facilities, services, and equipment pro7 vided will not be in direct competition with the do8 mestic private sector.’’; 

9 (2) in subsection (c)— 

10 (A) by striking ‘‘for services’’; and 

11 (B) by striking ‘‘subsection (a)(3)’’ and in12 serting ‘‘subsections (a)(3) and (a)(4)’’; and 

13 (3) in subsection (d)— 

14 (A) by striking ‘‘for services made avail15 able’’; and 

16 (B) by striking ‘‘subsection (a)(3)’’ and in17 serting ‘‘subsections (a)(3) and (a)(4)’’. 

18 SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT 

19 FOR TECHNOLOGY TRANSITION INITIATIVE. 

20 Paragraph (2) of section 2359a(f) of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(2) The amount of funds provided to a project under 

23 paragraph (1) by the military department or Defense 

24 Agency concerned shall be the appropriate share of the 

25 military department or Defense Agency, as the case may 


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1 be, of the cost of the project, as determined by the Man2 ager.’’. 

3 SEC. 234. REPORT ON IMPLEMENTATION OF MANUFAC4 TURING TECHNOLOGY PROGRAM. 

5 (a) REPORT REQUIRED.—Not later than September 

6 1, 2008, the Secretary of Defense shall submit to the 

7 Committee on Armed Services of the Senate and the Com8 mittee on Armed Services of the House of Representatives 

9 a report on the implementation of the technologies and 

10 processes developed under the Manufacturing Technology 

11 Program required by section 2521 of title 10, United 

12 States Code. 

13 (b) ELEMENTS.—The report shall identify each tech14 nology or process implemented and, for each such tech15 nology or process, shall identify— 

16 (1) the project of the Manufacturing Tech17 nology Program through which the technology or 

18 process was developed, the Federal and non-Federal 

19 participants in that project, and the duration of the 

20 project; 

21 (2) the organization or program implementing 

22 the technology or process, and a description of the 

23 implementation; 

24 (3) the funding required to implement the tech25 nology or process, including— 


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1 (A) funds provided by military depart2 ments and Defense Agencies under the Manu3 facturing Technology Program; 

4 (B) funds provided by the Department of 

5 Defense, or any element of the Department, to 

6 co-develop the technology or process; 

7 (C) to the maximum extent practicable, 

8 funds provided by the Department of Defense, 

9 or any element of the Department, to— 

10 (i) mature the technology or process 

11 prior to transition to the Manufacturing 

12 Technology Program; and 

13 (ii) provide for the implementation of 

14 the technology or process; 

15 (4) the total value of industry cost share, if ap16 plicable; 

17 (5) if applicable, the total value of cost avoid18 ance or cost savings directly attributable to the im19 plementation of the technology or process; and 

20 (6) a description of any system performance en21 hancements, technology performance enhancements, 

22 or improvements in a manufacturing readiness level 

23 of a system or a technology. 

24 (c) DEFINITION.—For purposes of this section, the 

25 term ‘‘implementation’’ refers to— 


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1 (1) the use of a technology or process in the 

2 manufacture of defense materiel; 

3 (2) the inclusion of a technology or process in 

4 the systems engineering plan for a program of 

5 record; or 

6 (3) the use of a technology or process for the 

7 manufacture of commercial items. 

8 (d) SCOPE.—The report shall include technologies or 

9 processes developed with funds appropriated or otherwise 

10 made available for the Manufacturing Technology pro11 grams of the military departments and Defense Agencies 

12 for fiscal years 2003 through 2005. 

13 SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND 

14 EVALUATION PERSONNEL. 

15 (a) ASSESSMENT REQUIRED.—The Director of Oper16 ational Test and Evaluation shall assess whether the Di17 rector’s professional staff meets the requirement of section 

18 139(j) of title 10, United States Code, that the staff be 

19 sufficient to carry out the Director’s duties and respon20 sibilities. 

21 (b) INCLUSION IN REPORT.—The Director shall in22 clude the results of the assessment in the report, required 

23 by section 139(g) of title 10, United States Code, summa24 rizing the operational test and evaluation activities during 

25 fiscal year 2007. 


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1 SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE RE2 PORTS ON TECHNOLOGY AREA REVIEW AND 

3 ASSESSMENT SUMMARIES. 

4 Subsection (c) of section 253 of the National Defense 

5 Authorization Act for Fiscal Year 2006 (Public Law 109– 

6 163; 119 Stat. 3179; 10 U.S.C. 2501 note) is repealed. 

7 SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIRE8 MENT FOR OBLIGATION OF FUNDS FOR FOR9 EIGN COMPARATIVE TEST PROGRAM. 

10 Paragraph (3) of section 2350a(g) of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘(3) The Director of Defense Research and Engi13 neering shall notify the congressional defense committees 

14 of the intent to obligate funds made available to carry out 

15 this subsection not less than 7 days before such funds are 

16 obligated.’’. 

17 SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING 

18 TECHNOLOGY PROGRAM. 

19 (a) IN GENERAL.—Section 2521 of title 10, United 

20 States Code, is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(e) FIVE-YEAR STRATEGIC PLAN.—(1) The Sec23 retary shall develop a plan for the program that includes 

24 the following: 


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1 ‘‘(A) The overall manufacturing technology 

2 goals, milestones, priorities, and investment strategy 

3 for the program. 

4 ‘‘(B) The objectives of, and funding for, the 

5 program for each military department and each De6 fense Agency that shall participate in the program 

7 during the period of the plan. 

8 ‘‘(2) The Secretary shall include in the plan mecha9 nisms for assessing the effectiveness of the program under 

10 the plan. 

11 ‘‘(3) The Secretary shall update the plan on a bien12 nial basis. 

13 ‘‘(4) Each plan, and each update to the plan, shall 

14 cover a period of five fiscal years.’’. 

15 (b) INITIAL DEVELOPMENT AND SUBMISSION OF

16 PLAN.— 

17 (1) DEVELOPMENT.—The Secretary of Defense 

18 shall develop the strategic plan required by sub19 section (e) of section 2521 of title 10, United States 

20 Code (as added by subsection (a) of this section), so 

21 that the plan goes into effect at the beginning of fis22 cal year 2009. 

23 (2) SUBMISSION.—Not later than the date on 

24 which the budget of the President for fiscal year 

25 2010 is submitted to Congress under section 1105 


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1 of title 31, United States Code, the Secretary shall 

2 submit to the Committee on Armed Services of the 

3 Senate and the Committee on Armed Services of the 

4 House of Representatives the plan specified in para5 graph (1). 

6 SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINA7 TION OF DEFENSE EXPERIMENTAL PROGRAM 

8 TO STIMULATE COMPETITIVE RESEARCH 

9 WITH SIMILAR FEDERAL PROGRAMS. 

10 Section 257(e)(2) of the National Defense Authoriza11 tion Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is 

12 amended by striking ‘‘shall’’ each place it appears and in13 serting ‘‘may’’. 

14 SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY 

15 RESEARCH AND DEVELOPMENT PROGRAM. 

16 (a) PROGRAM PURPOSES.—Subsection (b) of section 

17 246 of the Bob Stump National Defense Authorization 

18 Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 

19 2500; 10 U.S.C. 2358 note) is amended— 

20 (1) in paragraph (2), by striking ‘‘in nanoscale 

21 research and development’’ and inserting ‘‘in the 

22 National Nanotechnology Initiative and with the Na23 tional Nanotechnology Coordination Office under 

24 section 3 of the 21st Century Nanotechnology Re25 search and Development Act (15 U.S.C. 7502)’’; and 


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1 (2) in paragraph (3), by striking ‘‘portfolio of 

2 fundamental and applied nanoscience and engineer3 ing research initiatives’’ and inserting ‘‘portfolio of 

4 nanotechnology research and development initia5 tives’’. 

6 (b) PROGRAM ADMINISTRATION.— 

7 (1) ADMINISTRATION THROUGH UNDER SEC8 RETARY OF DEFENSE FOR ACQUISITION, TECH9 NOLOGY, AND LOGISTICS.—Subsection (c) of such 

10 section is amended— 

11 (A) by striking ‘‘the Director of Defense 

12 Research and Engineering’’ and inserting ‘‘the 

13 Under Secretary of Defense for Acquisition, 

14 Technology, and Logistics’’; and 

15 (B) by striking ‘‘The Director’’ and insert16 ing ‘‘The Under Secretary’’. 

17 (2) OTHER ADMINISTRATIVE MATTERS.—Such 

18 subsection is further amended— 

19 (A) in paragraph (2), by striking ‘‘the De20 partment’s increased investment in 

21 nanotechnology research and development and 

22 the National Nanotechnology Initiative; and’’ 

23 and inserting ‘‘investments by the Department 

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1 tive in nanotechnology research and develop2 ment;’’; 

3 (B) in paragraph (3), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(4) oversee Department of Defense participa8 tion in interagency coordination of the program with 

9 other departments and agencies participating in the 

10 National Nanotechnology Initiative.’’. 

11 (c) PROGRAM ACTIVITIES.—Such section is further 

12 amended— 

13 (1) by striking subsection (d); and 

14 (2) by adding at the end the following new sub15 section (d): 

16 ‘‘(d) STRATEGIC PLAN.—The Under Secretary shall 

17 develop and maintain a strategic plan for defense 

18 nanotechnology research and development that— 

19 ‘‘(1) is integrated with the strategic plan for 

20 the National Nanotechnology Initiative and the stra21 tegic plans of the Director of Defense Research and 

22 Engineering, the military departments, and the De23 fense Agencies; and 


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1 ‘‘(2) includes a clear strategy for transitioning 

2 the research into products needed by the Depart3 ment.’’. 

4 (d) REPORTS.—Such section is further amended by 

5 adding at the end the following new subsection: 

6 ‘‘(e) REPORTS.— 

7 ‘‘(1) IN GENERAL.—Not later than March 1 of 

8 each of 2009, 2011, and 2013, the Under Secretary 

9 of Defense for Acquisition, Technology, and Logis10 tics shall submit to the congressional defense com11 mittees a report on the program. 

12 ‘‘(2) MATTERS INCLUDED.—Each report under 

13 paragraph (1) shall include the following: 

14 ‘‘(A) A review of— 

15 ‘‘(i) the long-term challenges and spe16 cific technical goals of the program; and 

17 ‘‘(ii) the progress made toward meet18 ing such challenges and achieving such 

19 goals. 

20 ‘‘(B) An assessment of current and pro21 posed funding levels for the program, including 

22 an assessment of the adequacy of such funding 

23 levels to support program activities. 

24 ‘‘(C) A review of the coordination of activi25 ties under the program within the Department 


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1 of Defense, with other departments and agen2 cies of the United States, and with the National 

3 Nanotechnology Initiative. 

4 ‘‘(D) A review and analysis of the findings 

5 and recommendations relating to the Depart6 ment of Defense of the most recent triennial ex7 ternal review of the National Nanotechnology 

8 Program under section 5 of the 21st Century 

9 Nanotechnology Research and Development Act 

10 (15 U.S.C. 1704), and a description of initia11 tives of the Department to implement such rec12 ommendations. 

13 ‘‘(E) An assessment of technology transi14 tion from nanotechnology research and develop15 ment to enhanced warfighting capabilities, in16 cluding contributions from the Department of 

17 Defense Small Business Innovative Research 

18 and Small Business Technology Transfer Re19 search programs, and the Department of De20 fense Manufacturing Technology program, and 

21 an identification of acquisition programs and 

22 deployed defense systems that are incorporating 

23 nanotechnologies. 

24 ‘‘(F) An assessment of global 

25 nanotechnology research and development in 


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1 areas of interest to the Department, including 

2 an identification of the use of nanotechnologies 

3 in any foreign defense systems. 

4 ‘‘(G) An assessment of the defense 

5 nanotechnology manufacturing and industrial 

6 base and its capability to meet the near and far 

7 term requirements of the Department. 

8 ‘‘(H) Such recommendations for additional 

9 activities under the program to meet emerging 

10 national security requirements as the Under 

11 Secretary considers appropriate. 

12 ‘‘(3) CLASSIFICATION.—Each report under 

13 paragraph (1) shall be submitted in unclassified 

14 form, but may include a classified annex.’’. 

15 SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOP16 MENT CENTER ASSESSMENT OF THE DE17 FENSE EXPERIMENTAL PROGRAM TO STIMU18 LATE COMPETITIVE RESEARCH. 

19 (a) ASSESSMENT REQUIRED.—The Secretary of De20 fense shall— 

21 (1) utilize a defense federally funded research 

22 and development center to carry out an assessment 

23 of the effectiveness of the Defense Experimental 

24 Program to Stimulate Competitive Research; and 


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1 (2) not later than nine months after the date 

2 of the enactment of this Act, submit to the Commit3 tees on Armed Services of the Senate and the House 

4 of Representatives a report on that assessment. 

5 (b) MATTERS ASSESSED.—The report under sub6 section (a) shall include the following: 

7 (1) A description and assessment of the tan8 gible results and progress toward the objectives of 

9 the program, including— 

10 (A) an identification of any past program 

11 activities that led to, or were fundamental to, 

12 applications used by, or supportive of, oper13 ational users; and 

14 (B) an assessment of whether the program 

15 has expanded the national research infrastruc16 ture. 

17 (2) An assessment whether the activities under18 taken under the program are consistent with the 

19 statute authorizing the program. 

20 (3) An assessment whether the various elements 

21 of the program, such as structure, funding, staffing, 

22 project solicitation and selection, and administration, 

23 are working effectively and efficiently to support the 

24 effective execution of the program. 


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1 (4) A description and assessment of past and 

2 ongoing activities of State planning committees 

3 under the program in supporting the achievement of 

4 the objectives of the program. 

5 (5) An analysis of the advantages and disadvan6 tages of having an institution-based formula for 

7 qualification to participate in the program when 

8 compared with the advantages and disadvantages of 

9 having a State-based formula for qualification to 

10 participate in supporting defense missions and the 

11 objective of expanding the Nation’s defense research 

12 infrastructure. 

13 (6) An identification of mechanisms for improv14 ing the management and implementation of the pro15 gram, including modification of the statute author16 izing the program, Department regulations, program 

17 structure, funding levels, funding strategy, or the ac18 tivities of the State committees. 

19 (7) Any other matters the Secretary considers 

20 appropriate. 

21 SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING 

22 REDUCTION FOR HIGH ENERGY LASER SYS23 TEMS TEST FACILITY. 

24 (a) REPORT REQUIRED.—Not later than 90 days 

25 after the date of the enactment of this Act, the Secretary 


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1 of Defense shall submit to the congressional defense com2 mittees a report containing a cost-benefit analysis of the 

3 proposed reduction in Army research, development, test, 

4 and evaluation funding for the High Energy Laser Sys5 tems Test Facility. 

6 (b) EVALUATION OF IMPACT ON OTHER MILITARY

7 DEPARTMENTS.—The report required under subsection 

8 (a) shall include an evaluation of the impact of the pro9 posed reduction in funding on each Department of De10 fense organization or activity that utilizes the High En11 ergy Laser Systems Test Facility. 

12 SEC. 243. PROMPT GLOBAL STRIKE. 

13 (a) RESEARCH, DEVELOPMENT, AND TESTING

14 PLAN.—The Secretary of Defense shall submit to the con15 gressional defense committees a research, development, 

16 and testing plan for prompt global strike program objec17 tives for fiscal years 2008 through 2013. 

18 (b) PLAN FOR OBLIGATION AND EXPENDITURE OF

19 FUNDS.— 

20 (1) IN GENERAL.—The Under Secretary of De21 fense for Acquisition, Technology, and Logistics 

22 shall submit to the congressional defense committees 

23 a plan for obligation and expenditure of funds avail24 able for prompt global strike for fiscal year 2008. 

25 The plan shall include correlations between each 


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1 technology application being developed in fiscal year 

2 2008 and the prompt global strike alternative or al3 ternatives toward which the technology application 

4 applies. 

5 (2) LIMITATION.—The Under Secretary shall 

6 not implement the plan required by paragraph (1) 

7 until at least 10 days after the plan is submitted as 

8 required by that paragraph. 

9 TITLE III—OPERATION AND 

10 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. 


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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. 

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. 


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1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2008 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, in amounts as follows: 

9 (1) For the Army, $28,787,219,000. 

10 (2) For the Navy, $33,355,683,000. 

11 (3) For the Marine Corps, $4,967,193,000. 

12 (4) For the Air Force, $33,118,462,000. 

13 (5) For Defense-wide activities, 

14 $22,500,253,000. 

15 (6) For the Army Reserve, $2,509,862,000. 

16 (7) For the Navy Reserve, $1,186,883,000. 

17 (8) For the Marine Corps Reserve, 

18 $208,637,000. 

19 (9) For the Air Force Reserve, $2,821,817,000. 

20 (10) For the Army National Guard, 

21 $5,857,409,000. 

22 (11) For the Air National Guard, 

23 $5,456,668,000. 

24 (12) For the United States Court of Appeals 

25 for the Armed Forces, $11,971,000. 


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1 (13) For Environmental Restoration, Army, 

2 $434,879,000. 

3 (14) For Environmental Restoration, Navy, 

4 $300,591,000. 

5 (15) For Environmental Restoration, Air Force, 

6 $458,428,000. 

7 (16) For Environmental Restoration, Defense8 wide, $12,751,000. 

9 (17) For Environmental Restoration, Formerly 

10 Used Defense Sites, $270,249,000. 

11 (18) For Overseas Humanitarian, Disaster, and 

12 Civic Aid programs, $103,300,000. 

13 (19) For Former Soviet Union Threat Reduc14 tion programs, $428,048,000. 

15 (20) For the Overseas Contingency Operations 

16 Transfer Fund, $5,000,000. 

17 Subtitle B—Environmental 

18 Provisions 

19 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC20 TION AGENCY FOR CERTAIN COSTS IN CON21 NECTION WITH MOSES LAKE WELLFIELD 

22 SUPERFUND SITE, MOSES LAKE, WASH23 INGTON. 

24 (a) AUTHORITY TO REIMBURSE.— 


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1 (1) TRANSFER AMOUNT.—Using funds de2 scribed in subsection (b), the Secretary of Defense 

3 may, notwithstanding section 2215 of title 10, 

4 United States Code, transfer not more than 

5 $91,588.51 to the Moses Lake Wellfield Superfund 

6 Site 10–6J Special Account. 

7 (2) PURPOSE OF REIMBURSEMENT.—The pay8 ment under paragraph (1) is to reimburse the Envi9 ronmental Protection Agency for its costs incurred 

10 in overseeing a remedial investigation/feasibility 

11 study performed by the Department of the Army 

12 under the Defense Environmental Restoration Pro13 gram at the former Larson Air Force Base, Moses 

14 Lake Superfund Site, Moses Lake, Washington. 

15 (3) INTERAGENCY AGREEMENT.—The reim16 bursement described in paragraph (2) is provided for 

17 in the interagency agreement entered into by the 

18 Department of the Army and the Environmental 

19 Protection Agency for the Moses Lake Wellfield 

20 Superfund Site in March 1999. 

21 (b) SOURCE OF FUNDS.—Any payment under sub22 section (a) shall be made using funds authorized to be ap23 propriated by section 301(16) for operation and mainte24 nance for Environmental Restoration, Defense-wide. 


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1 (c) USE OF FUNDS.—The Environmental Protection 

2 Agency shall use the amount transferred under subsection 

3 (a) to pay costs incurred by the Agency at the Moses Lake 

4 Wellfield Superfund Site. 

5 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC6 TION AGENCY FOR CERTAIN COSTS IN CON7 NECTION WITH THE ARCTIC SURPLUS SUPER8 FUND SITE, FAIRBANKS, ALASKA. 

9 (a) AUTHORITY TO REIMBURSE.— 

10 (1) TRANSFER AMOUNT.—Using funds de11 scribed in subsection (b), the Secretary of Defense 

12 may, notwithstanding section 2215 of title 10, 

13 United States Code, transfer not more than 

14 $186,625.38 to the Hazardous Substance Super15 fund. 

16 (2) PURPOSE OF REIMBURSEMENT.—The pay17 ment under paragraph (1) is to reimburse the Envi18 ronmental Protection Agency for costs incurred pur19 suant to the agreement known as ‘‘In the Matter of 

20 Arctic Surplus Superfund Site, U.S. EPA Docket 

21 Number CERCLA–10–2003–0114: Administrative 

22 Order on Consent for Remedial Design and Reme23 dial Action’’, entered into by the Department of De24 fense and the Environmental Protection Agency on 

25 December 11, 2003. 


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1 (b) SOURCE OF FUNDS.—Any payment under sub2 section (a) shall be made using funds authorized to be ap3 propriated by section 301(16) for operation and mainte4 nance for Environmental Restoration, Defense-wide. 

5 (c) USE OF FUNDS.—The Environmental Protection 

6 Agency shall use the amount transferred under subsection 

7 (a) to pay costs incurred by the Agency pursuant to the 

8 agreement described in paragraph (2) of such subsection. 

9 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

10 AGENCY OF STIPULATED PENALTIES IN CON11 NECTION WITH JACKSON PARK HOUSING 

12 COMPLEX, WASHINGTON. 

13 (a) AUTHORITY TO TRANSFER FUNDS.— 

14 (1) TRANSFER AMOUNT.—Using funds de15 scribed in subsection (b), the Secretary of the Navy 

16 may, notwithstanding section 2215 of title 10, 

17 United States Code, transfer not more than 

18 $40,000.00 to the Hazardous Substance Superfund. 

19 (2) PURPOSE OF TRANSFER.—The payment 

20 under paragraph (1) is to pay a stipulated penalty 

21 assessed by the Environmental Protection Agency on 

22 October 25, 2005, against the Jackson Park Hous23 ing Complex, Washington, for the failure by the 

24 Navy to timely submit a draft final Phase II Reme25 dial Investigation Work Plan for the Jackson Park 


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1 Housing Complex Operable Unit (OU–3T–JPHC) 

2 pursuant to a schedule included in an Interagency 

3 Agreement (Administrative Docket No. CERCLA– 

4 10–2005–0023). 

5 (b) SOURCE OF FUNDS.—Any payment under sub6 section (a) shall be made using funds authorized to be ap7 propriated by section 301(14) for operation and mainte8 nance for Environmental Restoration, Navy. 

9 (c) USE OF FUNDS.—The amount transferred under 

10 subsection (a) shall be used by the Environmental Protec11 tion Agency to pay the penalty described under paragraph 

12 (2) of such subsection. 

13 SEC. 314. REPORT ON CONTROL OF THE BROWN TREE 

14 SNAKE. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The brown tree snake (Boiga irregularis), 

17 an invasive species, is found in significant numbers 

18 on military installations and in other areas on 

19 Guam, and constitutes a serious threat to the ecol20 ogy of Guam. 

21 (2) If introduced into Hawaii, the Common22 wealth of the Northern Mariana Islands, or the con23 tinental United States, the brown tree snake would 

24 pose an immediate and serious economic and ecologi25 cal threat. 


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1 (3) The most probable vector for the introduc2 tion of the brown tree snake into Hawaii, the Com3 monwealth of the Northern Mariana Islands, or the 

4 continental United States is the movement from 

5 Guam of military aircraft, personnel, and cargo, in6 cluding the household goods of military personnel 

7 and other military assets. 

8 (4) It is probable that the movement of military 

9 aircraft, personnel, and cargo, including the house10 hold goods of military personnel, from Guam to Ha11 waii, the Commonwealth of the Northern Mariana 

12 Islands, or the continental United States will in13 crease significantly coincident with the increase in 

14 the number of military units and personnel stationed 

15 on Guam. 

16 (5) Current policies, programs, procedures, and 

17 dedicated resources of the Department of Defense 

18 and of other departments and agencies of the United 

19 States may not be sufficient to adequately address 

20 the management, control, and eradication of the 

21 brown tree snake on Guam and the increasing threat 

22 of the introduction of the brown tree snake from 

23 Guam into Hawaii, the Commonwealth of the North24 ern Mariana Islands, the continental United States, 

25 or other non-native environments. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of Defense 

3 shall submit to the congressional defense committees a re4 port on the following: 

5 (1) The actions currently being taken (including 

6 the resources being made available) by the Depart7 ment of Defense to control, and to develop new or 

8 existing techniques to control, the brown tree snake 

9 on Guam and to prevent the introduction of the 

10 brown tree snake into Hawaii, the Commonwealth of 

11 the Northern Mariana Island, the continental United 

12 States, or any other non-native environment as a re13 sult of the movement from Guam of military air14 craft, personnel, and cargo, including the household 

15 goods of military personnel and other military as16 sets. Such actions shall include any actions taken by 

17 the Department of Defense to implement the rec18 ommendations of the Brown Tree Snake Review 

19 Panel commissioned by the Department of the Inte20 rior, as contained in the Review Panel’s final report 

21 entitled ‘‘Review of Brown Tree Snake Problems and 

22 Control Programs’’ published in March 2005. 

23 (2) Current plans for enhanced future actions, 

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1 crease of military personnel stationed on Guam does 

2 not increase the threat of introduction of the brown 

3 tree snake from Guam into Hawaii, the Common4 wealth of the Northern Mariana Islands, the conti5 nental United States, or other non-native environ6 ments. 

7 (3) The results of management, control, and 

8 eradication carried out by the Secretary of Defense, 

9 in consultation with the Secretary of the Interior, 

10 before the date on which the report is submitted 

11 with respect to brown tree snakes through the inte12 grated natural resource management plans prepared 

13 for military installations in Guam under the pilot 

14 program authorized by section 101(g) of the Sikes 

15 Act (16 U.S.C. 670a(g)). 

16 SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CI17 VILIAN EMPLOYEES AT CAMP LEJEUNE, 

18 NORTH CAROLINA, OF EXPOSURE TO DRINK19 ING WATER CONTAMINATION. 

20 (a) NOTIFICATION OF INDIVIDUALS SERVED BY

21 TARAWA TERRACE WATER DISTRIBUTION SYSTEM, IN22 CLUDING KNOX TRAILER PARK.—Not later than 1 year 

23 after the date of the enactment of this Act, the Secretary 

24 of the Navy shall make reasonable efforts to identify and 

25 notify directly individuals who were served by the Tarawa 


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1 Terrace Water Distribution System, including Knox Trail2 er Park, at Camp Lejeune, North Carolina, during the 

3 years 1958 through 1987 that they may have been ex4 posed to drinking water contaminated with 

5 tetrachloroethylene (PCE). 

6 (b) NOTIFICATION OF INDIVIDUALS SERVED BY

7 HADNOT POINT WATER DISTRIBUTION SYSTEM.—Not 

8 later than 1 year after the Agency for Toxic Substances 

9 and Disease Registry (ATSDR) completes its water mod10 eling study of the Hadnot Point water distribution system, 

11 the Secretary of the Navy shall make reasonable efforts 

12 to identify and notify directly individuals who were served 

13 by the system during the period identified in the study 

14 of the drinking water contamination to which they may 

15 have been exposed. 

16 (c) NOTIFICATION OF FORMER CIVILIAN EMPLOYEES

17 AT CAMP LEJEUNE.—Not later than 1 year after the date 

18 of the enactment of this Act, the Secretary of the Navy 

19 shall make reasonable efforts to identify and notify di20 rectly civilian employees who worked at Camp Lejeune 

21 during the period identified in the ATSDR drinking water 

22 study of the drinking water contamination to which they 

23 may have been exposed. 

24 (d) CIRCULATION OF HEALTH SURVEY.— 


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1 (1) FINDINGS.—Congress makes the following 

2 findings: 

3 (A) Notification and survey efforts related 

4 to the drinking water contamination described 

5 in this section are necessary due to the poten6 tial negative health impacts of these contami7 nants. 

8 (B) The Secretary of the Navy will not be 

9 able to identify or contact all former residents 

10 and former employees due to the condition, 

11 non-existence, or accessibility of records. 

12 (C) It is the intent of Congress that the 

13 Secretary of the Navy contact as many former 

14 residents and former employees as quickly as 

15 possible. 

16 (2) ATSDR HEALTH SURVEY.— 

17 (A) DEVELOPMENT.— 

18 (i) IN GENERAL.—Not later than 120 

19 days after the date of the enactment of 

20 this Act, the ATSDR, in consultation with 

21 a well-qualified contractor selected by the 

22 ATSDR, shall develop a health survey that 

23 would voluntarily request of individuals de24 scribed in subsections (a), (b), and (c) per25 sonal health information that may lead to 


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1 scientifically useful health information as2 sociated with exposure to trichloroethylene 

3 (TCE), PCE, vinyl chloride, and the other 

4 contaminants identified in the ATSDR 

5 studies that may provide a basis for fur6 ther reliable scientific studies of potentially 

7 adverse health impacts of exposure to con8 taminated water at Camp Lejeune. 

9 (ii) FUNDING.—The Secretary of the 

10 Navy is authorized to provide from avail11 able funds the necessary funding for the 

12 ATSDR to develop the health survey. 

13 (B) INCLUSION WITH NOTIFICATION.—The 

14 survey developed under subparagraph (A) shall 

15 be distributed by the Secretary of the Navy 

16 concurrently with the direct notification re17 quired under subsections (a), (b), and (c). 

18 (e) USE OF MEDIA TO SUPPLEMENT NOTIFICA19 TION.—The Secretary of the Navy may use media notifica20 tion as a supplement to direct notification of individuals 

21 described under subsections (a), (b), and (c). Media notifi22 cation may reach those individuals not identifiable via re23 maining records. Once individuals respond to media notifi24 cations, the Secretary will add them to the contact list 

25 to be included in future information updates. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMA4 TION SYSTEMS AGENCY WORKING CAPITAL 

5 FUND FOR TECHNOLOGY UPGRADES TO DE6 FENSE INFORMATION SYSTEMS NETWORK. 

7 (a) IN GENERAL.—Notwithstanding section 2208 of 

8 title 10, United States Code, funds in the Defense Infor9 mation Systems Agency Working Capital Fund may be 

10 used for expenses directly related to technology upgrades 

11 to the Defense Information Systems Network. 

12 (b) LIMITATION ON CERTAIN PROJECTS.—Funds 

13 may not be used under subsection (a) for— 

14 (1) any technology insertion to the Defense In15 formation Systems Network that significantly 

16 changes the performance envelope of an end item; or 

17 (2) any component with an estimated total cost 

18 in excess of $500,000. 

19 (c) LIMITATION IN FISCAL YEAR PENDING TIMELY

20 REPORT.—If in any fiscal year the report required by 

21 paragraph (1) of subsection (d) is not submitted by the 

22 date specified in paragraph (2) of subsection (d), funds 

23 may not be used under subsection (a) in such fiscal year 

24 during the period— 


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1 (1) beginning on the date specified in para2 graph (2) of subsection (d); and 

3 (2) ending on the date of the submittal of the 

4 report under paragraph (1) of subsection (d). 

5 (d) ANNUAL REPORT.— 

6 (1) IN GENERAL.—The Director of the Defense 

7 Information Systems Agency shall submit to the 

8 congressional defense committees each fiscal year a 

9 report on the use of the authority in subsection (a) 

10 during the preceding fiscal year. 

11 (2) DEADLINE FOR SUBMITTAL.—The report 

12 required by paragraph (1) in a fiscal year shall be 

13 submitted not later than 60 days after the date of 

14 the submittal to Congress of the budget of the Presi15 dent for the succeeding fiscal year pursuant to sec16 tion 1105 of title 31, United States Code. 

17 (e) SUNSET.—The authority in subsection (a) shall 

18 expire on October 1, 2011. 

19 SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETI20 TION REQUIREMENTS BEFORE CONVERSION 

21 TO CONTRACTOR PERFORMANCE. 

22 (a) COMPARISON OF RETIREMENT SYSTEM COSTS.— 

23 Section 2461(a)(1) of title 10, United States Code, is 

24 amended— 


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1 (1) in subparagraph (F), by striking ‘‘and’’ at 

2 the end; 

3 (2) by redesignating subparagraph (G) as sub4 paragraph (H); and 

5 (3) by inserting after subparagraph (F) the fol6 lowing new subparagraph (G): 

7 ‘‘(G) requires that the contractor shall not re8 ceive an advantage for a proposal that would reduce 

9 costs for the Department of Defense by— 

10 ‘‘(i) not making an employer-sponsored 

11 health insurance plan (or payment that could be 

12 used in lieu of such a plan), health savings ac13 count, or medical savings account available to 

14 the workers who are to be employed to perform 

15 the function under the contract; 

16 ‘‘(ii) offering to such workers an employer17 sponsored health benefits plan that requires the 

18 employer to contribute less towards the pre19 mium or subscription share than the amount 

20 that is paid by the Department of Defense for 

21 health benefits for civilian employees of the De22 partment under chapter 89 of title 5; or 

23 ‘‘(iii) offering to such workers a retirement 

24 benefit that, in any year, costs less than the an25 nual retirement cost factor applicable to civilian 


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1 employees of the Department of Defense under 

2 chapter 84 of title 5; and’’. 

3 (b) CONFORMING AMENDMENTS.—Such title is fur4 ther amended— 

5 (1) by striking section 2467; and 

6 (2) in section 2461— 

7 (A) by redesignating subsections (b) 

8 through (d) as subsections (c) through (e), re9 spectively; and 

10 (B) by inserting after subsection (a) the 

11 following new subsection (b): 

12 ‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOY13 EES.—(1) Each officer or employee of the Department of 

14 Defense responsible for determining under Office of Man15 agement and Budget Circular A–76 whether to convert to 

16 contractor performance any function of the Department 

17 of Defense— 

18 ‘‘(A) shall, at least monthly during the develop19 ment and preparation of the performance work 

20 statement and the management efficiency study used 

21 in making that determination, consult with civilian 

22 employees who will be affected by that determination 

23 and consider the views of such employees on the de24 velopment and preparation of that statement and 

25 that study; and 


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1 ‘‘(B) may consult with such employees on other 

2 matters relating to that determination. 

3 ‘‘(2)(A) In the case of employees represented by a 

4 labor organization accorded exclusive recognition under 

5 section 7111 of title 5, consultation with representatives 

6 of that labor organization shall satisfy the consultation re7 quirement in paragraph (1). 

8 ‘‘(B) In the case of employees other than employees 

9 referred to in subparagraph (A), consultation with appro10 priate representatives of those employees shall satisfy the 

11 consultation requirement in paragraph (1). 

12 ‘‘(C) The Secretary of Defense shall prescribe regula13 tions to carry out this subsection. The regulations shall 

14 include provisions for the selection or designation of ap15 propriate representatives of employees referred to in sub16 paragraph (B) for purposes of the consultation required 

17 by paragraph (1).’’. 

18 (c) TECHNICAL AMENDMENTS.—Section 2461 of 

19 such title, as amended by this section, is further amend20 ed— 

21 (1) in subsection (a)(1)— 

22 (A) in subparagraph (B), by inserting after 

23 ‘‘2003’’ the following: ‘‘, or any successor cir24 cular’’; and 


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1 (B) in subparagraph (D), by striking ‘‘and 

2 reliability’’ and inserting ‘‘, reliability, and 

3 timeliness’’; and 

4 (2) in subsection (c)(2), as redesignated by sub5 section (b)(2), by inserting ‘‘of’’ after ‘‘examina6 tion’’. 

7 (d) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 146 of such title is amended 

9 by striking the item relating to section 2467. 

10 SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PE11 RIOD SPECIFIED IN PERFORMANCE AGREE12 MENT NOT REQUIRED. 

13 Section 2461(a) of title 10, United States Code, is 

14 amended by adding at the end the following new para15 graph: 

16 ‘‘(4) A military department or Defense Agency may 

17 not be required to conduct a public-private competition 

18 under Office of Management and Budget Circular A–76 

19 or any other provision of law at the end of the perform20 ance period specified in a letter of obligation or other 

21 agreement entered into with Department of Defense civil22 ian employees pursuant to a public-private competition for 

23 any function of the Department of Defense performed by 

24 Department of Defense civilian employees.’’. 


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1 SEC. 324. GUIDELINES ON INSOURCING NEW AND CON2 TRACTED OUT FUNCTIONS. 

3 (a) CODIFICATION AND REVISION OF REQUIREMENT

4 FOR GUIDELINES.— 

5 (1) IN GENERAL.—Chapter 146 of title 10, 

6 United States Code, is amended by inserting after 

7 section 2462 the following new section: 

8 ‘‘§ 2463. Guidelines and procedures for use of civilian 

9 employees to perform Department of De10 fense functions 

11 ‘‘(a) GUIDELINES REQUIRED.—(1) The Under Sec12 retary of Defense for Personnel and Readiness shall devise 

13 and implement guidelines and procedures to ensure that 

14 consideration is given to using, on a regular basis, Depart15 ment of Defense civilian employees to perform new func16 tions and functions that are performed by contractors and 

17 could be performed by Department of Defense civilian em18 ployees. The Secretary of a military department may pre19 scribe supplemental regulations, if the Secretary deter20 mines such regulations are necessary for implementing 

21 such guidelines within that military department. 

22 ‘‘(2) The guidelines and procedures required under 

23 paragraph (1) may not include any specific limitation or 

24 restriction on the number of functions or activities that 

25 may be converted to performance by Department of De26 fense civilian employees. 


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1 ‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNC2 TIONS.—The guidelines and procedures required under 

3 subsection (a) shall provide for special consideration to be 

4 given to using Department of Defense civilian employees 

5 to perform any function that— 

6 ‘‘(1) is performed by a contractor and— 

7 ‘‘(A) has been performed by Department of 

8 Defense civilian employees at any time during 

9 the previous 10 years; 

10 ‘‘(B) is a function closely associated with 

11 the performance of an inherently governmental 

12 function; 

13 ‘‘(C) has been performed pursuant to a 

14 contract awarded on a non-competitive basis; or 

15 ‘‘(D) has been performed poorly, as deter16 mined by a contracting officer during the 5- 

17 year period preceding the date of such deter18 mination, because of excessive costs or inferior 

19 quality; or 

20 ‘‘(2) is a new requirement, with particular em21 phasis given to a new requirement that is similar to 

22 a function previously performed by Department of 

23 Defense civilian employees or is a function closely 

24 associated with the performance of an inherently 

25 governmental function. 


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1 ‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM

2 COMPETITIONS.—The Secretary of Defense may not con3 duct a public-private competition under this chapter, Of4 fice of Management and Budget Circular A–76, or any 

5 other provision of law or regulation before— 

6 ‘‘(1) in the case of a new Department of De7 fense function, assigning the performance of the 

8 function to Department of Defense civilian employ9 ees; 

10 ‘‘(2) in the case of any Department of Defense 

11 function described in subsection (b), converting the 

12 function to performance by Department of Defense 

13 civilian employees; or 

14 ‘‘(3) in the case of a Department of Defense 

15 function performed by Department of Defense civil16 ian employees, expanding the scope of the function. 

17 ‘‘(d) USE OF FLEXIBLE HIRING AUTHORITY.—(1) 

18 The Secretary of Defense may use the flexible hiring au19 thority available to the Secretary under the National Secu20 rity Personnel System, as established pursuant to section 

21 9902 of title 5, to facilitate the performance by Depart22 ment of Defense civilian employees of functions described 

23 in subsection (b). 

24 ‘‘(2) The Secretary shall make use of the inventory 

25 required by section 2330a(c) of this title for the purpose 


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1 of identifying functions that should be considered for per2 formance by Department of Defense civilian employees 

3 pursuant to subsection (b). 

4 ‘‘(e) DEFINITIONS.—In this section the term ‘func5 tions closely associated with inherently governmental func6 tions’ has the meaning given that term in section 

7 2383(b)(3) of this title.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 2462 

11 the following new item: 

‘‘2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions.’’. 

12 (3) DEADLINE FOR ISSUANCE OF GUIDELINES

13 AND PROCEDURES.—The Secretary of Defense shall 

14 implement the guidelines and procedures required 

15 under section 2463 of title 10, United States Code, 

16 as added by paragraph (1), by not later than 60 

17 days after the date of the enactment of this Act. 

18 (b) INSPECTOR GENERAL REPORT.—Not later than 

19 180 days after the date of the enactment of this Act, the 

20 Inspector General of the Department of Defense shall sub21 mit to the congressional defense committees a report on 

22 the implementation of this section and the amendments 

23 made by this section. 


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1 (c) CONFORMING REPEAL.—The National Defense 

2 Authorization Act for Fiscal Year 2006 (Public Law 109– 

3 163) is amended by striking section 343. 

4 SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND 

5 BUDGET INFLUENCE OVER DEPARTMENT OF 

6 DEFENSE PUBLIC-PRIVATE COMPETITIONS. 

7 (a) RESTRICTION ON OFFICE OF MANAGEMENT AND

8 BUDGET.—The Office of Management and Budget may 

9 not direct or require the Secretary of Defense or the Sec10 retary of a military department to prepare for, undertake, 

11 continue, or complete a public-private competition or di12 rect conversion of a Department of Defense function to 

13 performance by a contractor under Office of Management 

14 and Budget Circular A–76, or any other successor regula15 tion, directive, or policy. 

16 (b) RESTRICTION ON SECRETARY OF DEFENSE.— 

17 The Secretary of Defense or the Secretary of a military 

18 department may not prepare for, undertake, continue, or 

19 complete a public-private competition or direct conversion 

20 of a Department of Defense function to performance by 

21 a contractor under Office of Management and Budget Cir22 cular A–76, or any other successor regulation, directive, 

23 or policy by reason of any direction or requirement pro24 vided by the Office of Management and Budget. 

25 (c) INSPECTOR GENERAL REVIEW.— 


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1 (1) COMPREHENSIVE REVIEW REQUIRED.—The 

2 Inspector General of the Department of Defense 

3 shall conduct a comprehensive review of the compli4 ance of the Secretary of Defense and the Secretaries 

5 of the military departments with the requirements of 

6 this section during calendar year 2008. The Inspec7 tor General shall submit to the congressional defense 

8 committees the following reports on the comprehen9 sive review: 

10 (A) An interim report, to be submitted by 

11 not later than 90 days after the date of the en12 actment of this Act. 

13 (B) A final report, to be submitted by not 

14 later than December 31, 2008. 

15 (2) INSPECTOR GENERAL ACCESS.—For the 

16 purpose of determining compliance with the require17 ments of this section, the Secretary of Defense shall 

18 ensure that the Inspector General has access to all 

19 Department records of relevant communications be20 tween Department officials and officials of other de21 partments and agencies of the Federal Government, 

22 whether such communications occurred inside or 

23 outside of the Department. 


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1 SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN AC2 TIONS UNDER OFFICE OF MANAGEMENT AND 

3 BUDGET CIRCULAR A–76. 

4 (a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM5 PETITIONS.—Section 3551(2) of title 31, United States 

6 Code, is amended to read as follows: 

7 ‘‘(2) The term ‘interested party’— 

8 ‘‘(A) with respect to a contract or a solici9 tation or other request for offers described in 

10 paragraph (1), means an actual or prospective 

11 bidder or offeror whose direct economic interest 

12 would be affected by the award of the contract 

13 or by failure to award the contract; and 

14 ‘‘(B) with respect to a public-private com15 petition conducted under Office of Management 

16 and Budget Circular A–76 with respect to the 

17 performance of an activity or function of a Fed18 eral agency, or a decision to convert a function 

19 performed by Federal employees to private sec20 tor performance without a competition under 

21 Office of Management and Budget Circular A– 

22 76, includes— 

23 ‘‘(i) any official who submitted the 

24 agency tender in such competition; and 

25 ‘‘(ii) any one individual who, for the 

26 purpose of representing the Federal emVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ployees engaged in the performance of the 

2 activity or function for which the public3 private competition is conducted in a pro4 test under this subchapter that relates to 

5 such public-private competition, has been 

6 designated as the agent of the Federal em7 ployees by a majority of such employees.’’. 

8 (b) EXPEDITED ACTION.— 

9 (1) IN GENERAL.—Subchapter V of chapter 35 

10 of such title is amended by adding at the end the 

11 following new section: 

12 ‘‘§ 3557. Expedited action in protests of Public-Pri13 vate competitions 

14 ‘‘For any protest of a public-private competition con15 ducted under Office of Management and Budget Circular 

16 A–76 with respect to the performance of an activity or 

17 function of a Federal agency, the Comptroller General 

18 shall administer the provisions of this subchapter in the 

19 manner best suited for expediting the final resolution of 

20 the protest and the final action in the public-private com21 petition.’’. 

22 (2) CLERICAL AMENDMENT.—The chapter anal23 ysis at the beginning of such chapter is amended by 

24 inserting after the item relating to section 3556 the 

25 following new item: 

‘‘3557. Expedited action in protests of public-private competitions.’’. 


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1 (c) RIGHT TO INTERVENE IN CIVIL ACTION.—Sec2 tion 1491(b) of title 28, United States Code, is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(5) If an interested party who is a member of the 

5 private sector commences an action described in para6 graph (1) with respect to a public-private competition con7 ducted under Office of Management and Budget Circular 

8 A–76 regarding the performance of an activity or function 

9 of a Federal agency, or a decision to convert a function 

10 performed by Federal employees to private sector perform11 ance without a competition under Office of Management 

12 and Budget Circular A–76, then an interested party de13 scribed in section 3551(2)(B) of title 31 shall be entitled 

14 to intervene in that action.’’. 

15 (d) APPLICABILITY.—Subparagraph (B) of section 

16 3551(2) of title 31, United States Code (as added by sub17 section (a)), and paragraph (5) of section 1491(b) of title 

18 28, United States Code (as added by subsection (c)), shall 

19 apply to— 

20 (1) a protest or civil action that challenges final 

21 selection of the source of performance of an activity 

22 or function of a Federal agency that is made pursu23 ant to a study initiated under Office of Management 

24 and Budget Circular A–76 on or after January 1, 

25 2004; and 


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1 (2) any other protest or civil action that relates 

2 to a public-private competition initiated under Office 

3 of Management and Budget Circular A–76, or to a 

4 decision to convert a function performed by Federal 

5 employees to private sector performance without a 

6 competition under Office of Management and Budg7 et Circular A–76, on or after the date of the enact8 ment of this Act. 

9 SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BE10 FORE CONVERSION TO CONTRACTOR PER11 FORMANCE. 

12 (a) IN GENERAL.—The Office of Federal Procure13 ment Policy Act (41 U.S.C. 403 et seq.) is amended by 

14 adding at the end the following new section: 

15 ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE16 FORE CONVERSION TO CONTRACTOR PER17 FORMANCE. 

18 ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A func19 tion of an executive agency performed by 10 or more agen20 cy civilian employees may not be converted, in whole or 

21 in part, to performance by a contractor unless the conver22 sion is based on the results of a public-private competition 

23 that— 


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1 ‘‘(A) formally compares the cost of performance 

2 of the function by agency civilian employees with the 

3 cost of performance by a contractor; 

4 ‘‘(B) creates an agency tender, including a most 

5 efficient organization plan, in accordance with Office 

6 of Management and Budget Circular A–76, as im7 plemented on May 29, 2003, or any successor cir8 cular; 

9 ‘‘(C) includes the issuance of a solicitation; 

10 ‘‘(D) determines whether the submitted offers 

11 meet the needs of the executive agency with respect 

12 to factors other than cost, including quality, reli13 ability, and timeliness; 

14 ‘‘(E) examines the cost of performance of the 

15 function by agency civilian employees and the cost of 

16 performance of the function by one or more contrac17 tors to demonstrate whether converting to perform18 ance by a contractor will result in savings to the 

19 Government over the life of the contract, including— 

20 ‘‘(i) the estimated cost to the Government 

21 (based on offers received) for performance of 

22 the function by a contractor; 

23 ‘‘(ii) the estimated cost to the Government 

24 for performance of the function by agency civil25 ian employees; and 


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1 ‘‘(iii) an estimate of all other costs and ex2 penditures that the Government would incur be3 cause of the award of such a contract; 

4 ‘‘(F) requires continued performance of the 

5 function by agency civilian employees unless the dif6 ference in the cost of performance of the function by 

7 a contractor compared to the cost of performance of 

8 the function by agency civilian employees would, 

9 over all performance periods required by the solicita10 tion, be equal to or exceed the lesser of— 

11 ‘‘(i) 10 percent of the personnel-related 

12 costs for performance of that function in the 

13 agency tender; or 

14 ‘‘(ii) $10,000,000; and 

15 ‘‘(G) examines the effect of performance of the 

16 function by a contractor on the agency mission asso17 ciated with the performance of the function. 

18 ‘‘(2) A function that is performed by the executive 

19 agency and is reengineered, reorganized, modernized, up20 graded, expanded, or changed to become more efficient, 

21 but still essentially provides the same service, shall not be 

22 considered a new requirement. 

23 ‘‘(3) In no case may a function being performed by 

24 executive agency personnel be— 


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1 ‘‘(A) modified, reorganized, divided, or in any 

2 way changed for the purpose of exempting the con3 version of the function from the requirements of this 

4 section; or 

5 ‘‘(B) converted to performance by a contractor 

6 to circumvent a civilian personnel ceiling. 

7 ‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) 

8 Each civilian employee of an executive agency responsible 

9 for determining under Office of Management and Budget 

10 Circular A–76 whether to convert to contractor perform11 ance any function of the executive agency— 

12 ‘‘(A) shall, at least monthly during the develop13 ment and preparation of the performance work 

14 statement and the management efficiency study used 

15 in making that determination, consult with civilian 

16 employees who will be affected by that determination 

17 and consider the views of such employees on the de18 velopment and preparation of that statement and 

19 that study; and 

20 ‘‘(B) may consult with such employees on other 

21 matters relating to that determination. 

22 ‘‘(2)(A) In the case of employees represented by a 

23 labor organization accorded exclusive recognition under 

24 section 7111 of title 5, United States Code, consultation 


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1 with representatives of that labor organization shall sat2 isfy the consultation requirement in paragraph (1). 

3 ‘‘(B) In the case of employees other than employees 

4 referred to in subparagraph (A), consultation with appro5 priate representatives of those employees shall satisfy the 

6 consultation requirement in paragraph (1). 

7 ‘‘(C) The head of each executive agency shall pre8 scribe regulations to carry out this subsection. The regula9 tions shall include provisions for the selection or designa10 tion of appropriate representatives of employees referred 

11 to in paragraph (2)(B) for purposes of consultation re12 quired by paragraph (1). 

13 ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before 

14 commencing a public-private competition under subsection 

15 (a), the head of an executive agency shall submit to Con16 gress a report containing the following: 

17 ‘‘(A) The function for which such public-private 

18 competition is to be conducted. 

19 ‘‘(B) The location at which the function is per20 formed by agency civilian employees. 

21 ‘‘(C) The number of agency civilian employee 

22 positions potentially affected. 

23 ‘‘(D) The anticipated length and cost of the 

24 public-private competition, and a specific identifica25 tion of the budgetary line item from which funds will 


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1 be used to cover the cost of the public-private com2 petition. 

3 ‘‘(E) A certification that a proposed perform4 ance of the function by a contractor is not a result 

5 of a decision by an official of an executive agency to 

6 impose predetermined constraints or limitations on 

7 such employees in terms of man years, end 

8 strengths, full-time equivalent positions, or max9 imum number of employees. 

10 ‘‘(2) The report required under paragraph (1) shall 

11 include an examination of the potential economic effect of 

12 performance of the function by a contractor on— 

13 ‘‘(A) agency civilian employees who would be af14 fected by such a conversion in performance; and 

15 ‘‘(B) the local community and the Government, 

16 if more than 50 agency civilian employees perform 

17 the function. 

18 ‘‘(3)(A) A representative individual or entity at a fa19 cility where a public-private competition is conducted may 

20 submit to the head of the executive agency an objection 

21 to the public-private competition on the grounds that the 

22 report required by paragraph (1) has not been submitted 

23 or that the certification required by paragraph (1)(E) is 

24 not included in the report submitted as a condition for 

25 the public-private competition. The objection shall be in 


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1 writing and shall be submitted within 90 days after the 

2 following date: 

3 ‘‘(i) In the case of a failure to submit the report 

4 when required, the date on which the representative 

5 individual or an official of the representative entity 

6 authorized to pose the objection first knew or should 

7 have known of that failure. 

8 ‘‘(ii) In the case of a failure to include the cer9 tification in a submitted report, the date on which 

10 the report was submitted to Congress. 

11 ‘‘(B) If the head of the executive agency determines 

12 that the report required by paragraph (1) was not sub13 mitted or that the required certification was not included 

14 in the submitted report, the function for which the public15 private competition was conducted for which the objection 

16 was submitted may not be the subject of a solicitation of 

17 offers for, or award of, a contract until, respectively, the 

18 report is submitted or a report containing the certification 

19 in full compliance with the certification requirement is 

20 submitted. 

21 ‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS

22 AND SERVICES OF THE BLIND AND OTHER SEVERELY

23 HANDICAPPED PERSONS.—This section shall not apply to 

24 a commercial or industrial type function of an executive 

25 agency that— 


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1 ‘‘(1) is included on the procurement list estab2 lished pursuant to section 2 of the Javits-Wagner3 O’Day Act (41 U.S.C. 47); or 

4 ‘‘(2) is planned to be changed to performance 

5 by a qualified nonprofit agency for the blind or by 

6 a qualified nonprofit agency for other severely handi7 capped persons in accordance with that Act. 

8 ‘‘(e) INAPPLICABILITY DURING WAR OR EMER9 GENCY.—The provisions of this section shall not apply 

10 during war or during a period of national emergency de11 clared by the President or Congress.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 in section 1(b) of such Act is amended by adding at the 

14 end the following new item: 

‘‘Sec. 43. Public-private competition required before conversion to contractor 

performance.’’. 

15 SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUS16 TRIAL FACILITIES TO ENGAGE IN COOPERA17 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

18 (a) EXTENSION OF AUTHORITY.—Section 4544 of 

19 title 10, United States Code, is amended— 

20 (1) in subsection (a), by adding at the end the 

21 following: ‘‘This authority may be used to enter into 

22 not more than eight contracts or cooperative agree23 ments.’’; and 


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1 (2) in subsection (k), by striking ‘‘2009’’ and 

2 inserting ‘‘2014’’. 

3 (b) REPORTS.— 

4 (1) ANNUAL REPORT ON USE OF AUTHORITY.— 

5 The Secretary of the Army shall submit to Congress 

6 at the same time the budget of the President is sub7 mitted to Congress for fiscal years 2009 through 

8 2016 under section 1105 of title 31, United States 

9 Code, a report on the use of the authority provided 

10 under section 4544 of title 10, United States Code. 

11 (2) ANALYSIS OF USE OF AUTHORITY.—Not 

12 later than September 30, 2012, the Secretary of the 

13 Army shall submit to the congressional defense com14 mittees a report assessing the advisability of making 

15 such authority permanent and eliminating the limi16 tation on the number of contracts or cooperative ar17 rangements that may be entered into pursuant to 

18 such authority. 

19 SEC. 329. REAUTHORIZATION AND MODIFICATION OF 

20 MULTI-TRADES DEMONSTRATION PROJECT. 

21 (a) REAUTHORIZATION AND EXPANSION.—Section 

22 338 of the National Defense Authorization Act for Fiscal 

23 Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note) 

24 is amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following new subsection (a): 

3 ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 

4 accordance with section 4703 of title 5, United States 

5 Code, the Secretary of a military department may carry 

6 out a demonstration project under which workers who are 

7 certified at the journey level as able to perform multiple 

8 trades may be promoted by one grade level. A demonstra9 tion project under this subsection may be carried out as 

10 follows: 

11 ‘‘(1) In the case of the Secretary of the Army, 

12 at one Army depot. 

13 ‘‘(2) In the case of the Secretary of the Navy, 

14 at one Navy Fleet Readiness Center. 

15 ‘‘(3) In the case of the Secretary of the Air 

16 Force, at one Air Force Logistics Center.’’; 

17 (2) in subsection (b)— 

18 (A) by striking ‘‘a Naval Aviation Depot’’ 

19 and inserting ‘‘an Air Force Air Logistics Cen20 ter, Navy Fleet Readiness Center, or Army 

21 depot’’; and 

22 (B) by striking ‘‘Secretary’’ and inserting 

23 ‘‘Secretary of the military department con24 cerned’’; 


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1 (3) by striking subsection (d) and redesignating 

2 subsections (e) through (g) as subsections (d) 

3 through (f), respectively; 

4 (4) in subsection (d), as so redesignated, by 

5 striking ‘‘2004 through 2006’’ and inserting ‘‘2008 

6 through 2013’’; 

7 (5) in subsection (e), as so redesignated— 

8 (A) by striking ‘‘2007’’ and inserting 

9 ‘‘2014’’; 

10 (B) by inserting after ‘‘Secretary’’ the fol11 lowing ‘‘of each military department that car12 ried out a demonstration project under this sec13 tion’’; and 

14 (C) by adding at the end the following new 

15 sentence: ‘‘Each such report shall include the 

16 Secretary’s recommendation on whether perma17 nent multi-trade authority should be author18 ized.’’; and 

19 (6) in subsection (f), as so redesignated— 

20 (A) in the first sentence, by striking ‘‘The 

21 Secretary’’ and inserting ‘‘Each Secretary who 

22 submits a report under subsection (e)’’; and 

23 (B) in the second sentence— 

24 (i) by striking ‘‘receiving the report’’ 

25 and inserting ‘‘receiving a report’’; and 


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1 (ii) by striking ‘‘evaluation of the re2 port’’ and inserting ‘‘evaluation of that re3 port’’. 

4 (b) CLERICAL AMENDMENT.—The heading for such 

5 section is amended to read as follows: 

6 ‘‘SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.’’. 

7 SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORK8 ING-CAPITAL FUNDS TO ARMY FOR CERTAIN 

9 PRODUCT IMPROVEMENTS. 

10 (a) IN GENERAL.—Notwithstanding section 2208 of 

11 title 10, United States Code, the Secretary of the Army 

12 may use a working-capital fund established pursuant to 

13 that section for expenses directly related to conducting a 

14 pilot program for a product improvement described in sub15 section (b). 

16 (b) PRODUCT IMPROVEMENT.—A product improve17 ment covered by the pilot program is the procurement and 

18 installation of a component or subsystem of a weapon sys19 tem platform or major end item that would improve the 

20 reliability and maintainability, extend the useful life, en21 hance safety, lower maintenance costs, or provide perform22 ance enhancement of the weapon system platform or 

23 major end item. 

24 (c) LIMITATION ON CERTAIN PROJECTS.—Funds 

25 may not be used under subsection (a) for— 


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1 (1) any product improvement that significantly 

2 changes the performance envelope of an end item; or 

3 (2) any component with an estimated total cost 

4 in excess of $1,000,000. 

5 (d) LIMITATION IN FISCAL YEAR PENDING TIMELY

6 REPORT.—If during any fiscal year the report required 

7 by paragraph (1) of subsection (e) is not submitted by 

8 the date specified in paragraph (3) of that subsection, 

9 funds may not be used under subsection (a) in such fiscal 

10 year during the period— 

11 (1) beginning on the date specified in para12 graph (3) of subsection (e); and 

13 (2) ending on the date of the submittal of the 

14 report under paragraph (1) of subsection (e). 

15 (e) ANNUAL REPORT.— 

16 (1) IN GENERAL.—Each fiscal year, the Assist17 ant Secretary of the Army for Acquisition, Logistics, 

18 and Technology, in consultation with the Assistant 

19 Secretary of the Army for Financial Management 

20 and Comptroller, shall submit to the congressional 

21 defense committees a report on the use of the au22 thority in subsection (a) during the preceding fiscal 

23 year. 

24 (2) RECOMMENDATION.—In the case of the re25 port required to be submitted under paragraph (1) 


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1 during fiscal year 2012, the report shall include the 

2 recommendation of the Assistant Secretary of the 

3 Army for Acquisition, Logistics, and Technology re4 garding whether the authority under subsection (a) 

5 should be made permanent. 

6 (3) DEADLINE FOR SUBMITTAL.—The report 

7 required by paragraph (1) in a fiscal year shall be 

8 submitted not later than 60 days after the date of 

9 the submittal to Congress of the budget of the Presi10 dent for the succeeding fiscal year pursuant to sec11 tion 1105 of title 31, United States Code. 

12 (f) SUNSET.—The authority under subsection (a) 

13 shall expire on October 1, 2013. 

14 Subtitle D—Extension of Program 

15 Authorities 

16 SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INI17 TIATIVE. 

18 Section 343 of the Floyd D. Spence National Defense 

19 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 

20 note) is amended— 

21 (1) in subsection (a), by striking ‘‘2008’’ and 

22 inserting ‘‘2010’’; and 

23 (2) in subsection (g)(1), by striking ‘‘2008’’ 

24 and inserting ‘‘2010’’. 


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1 SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT 

2 FOR HELMET PADS PURCHASED BY MEM3 BERS OF THE ARMED FORCES DEPLOYED IN 

4 CONTINGENCY OPERATIONS. 

5 (a) EXTENSION.—Section 351 of the Ronald W. 

6 Reagan National Defense Authorization Act for Fiscal 

7 Year 2005 (Public Law 108–375; 118 Stat. 1857) is 

8 amended— 

9 (1) in subsection (a)(3), by inserting before the 

10 period at the end the following: ‘‘, or in the case of 

11 protective helmet pads purchased by a member from 

12 a qualified vendor for that member’s personal use, 

13 ending on September 30, 2007’’; 

14 (2) in subsection (c)— 

15 (A) by inserting after ‘‘Armed Forces’’ the 

16 following: ‘‘shall comply with regular Depart17 ment of Defense procedures for the submission 

18 of claims and’’; and 

19 (B) by inserting before the period at the 

20 end the following: ‘‘or one year after the date 

21 on which the purchase of the protective, safety, 

22 or health equipment was made, whichever oc23 curs last’’; and 

24 (3) in subsection (d), by adding at the end the 

25 following new sentence: ‘‘Subsection (a)(1) shall not 


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1 apply in the case of the purchase of protective hel2 met pads on behalf of a member.’’. 

3 (b) FUNDING.—Amounts for reimbursements made 

4 under section 351 of the Ronald W. Reagan National De5 fense Authorization Act for Fiscal Year 2005 after the 

6 date of the enactment of this Act shall be derived from 

7 supplemental appropriations for the Department of De8 fense for fiscal year 2008, contingent upon such appro9 priations being enacted. 

10 SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR 

11 CONTRACT PERFORMANCE OF SECURITY 

12 GUARD FUNCTIONS. 

13 (a) EXTENSION.—Subsection (c) of section 332 of 

14 the Bob Stump National Defense Authorization Act for 

15 Fiscal Year 2003 (Public Law 107–314) is amended by 

16 striking ‘‘September 30, 2009’’ both places it appears and 

17 inserting ‘‘September 30, 2012’’. 

18 (b) LIMITATION FOR FISCAL YEARS 2010 THROUGH

19 2012.—Subsection (d) of such section is amended— 

20 (1) in paragraph (2), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (3), by striking the period and 

23 inserting a semicolon; and 

24 (3) by adding at the end the following new 

25 paragraphs: 


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1 ‘‘(4) for fiscal year 2010, the number equal to 

2 70 percent of the total number of such personnel 

3 employed under such contracts on October 1, 2006; 

4 ‘‘(5) for fiscal year 2011, the number equal to 

5 60 percent of the total number of such personnel 

6 employed under such contracts on October 1, 2006; 

7 and 

8 ‘‘(6) for fiscal year 2012, the number equal to 

9 50 percent of the total number of such personnel 

10 employed under such contracts on October 1, 

11 2006.’’. 

12 Subtitle E—Reports 

13 SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR 

14 EMERGENCIES AND MAJOR DISASTERS. 

15 (a) ANNUAL REPORTS ON EQUIPMENT.—Section 

16 10541(b) of title 10, United States Code, is amended by 

17 adding at the end the following new paragraph: 

18 ‘‘(9) An assessment of the extent to which the 

19 National Guard possesses the equipment required to 

20 perform the responsibilities of the National Guard 

21 pursuant to sections 331, 332, 333, 12304(b), and 

22 12406 of this title in response to an emergency or 

23 major disaster (as such terms are defined in section 

24 102 of the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 5122)). Such 

2 assessment shall— 

3 ‘‘(A) identify any shortfall in equipment 

4 provided to the National Guard by the Depart5 ment of Defense throughout the United States 

6 and the territories and possessions of the 

7 United States that is likely to affect the ability 

8 of the National Guard to perform such respon9 sibilities; 

10 ‘‘(B) evaluate the effect of any such short11 fall on the capacity of the National Guard to 

12 perform such responsibilities in response to an 

13 emergency or major disaster that occurs in the 

14 United States or a territory or possession of the 

15 United States; and 

16 ‘‘(C) identify the requirements and invest17 ment strategies for equipment provided to the 

18 National Guard by the Department of Defense 

19 that are necessary to plan for a reduction or 

20 elimination of any such shortfall.’’. 

21 (b) INCLUSION OF ASSESSMENT OF NATIONAL

22 GUARD READINESS IN QUARTERLY PERSONNEL AND

23 UNIT READINESS REPORT.—Section 482 of such title is 

24 amended— 


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1 (1) in subsection (a), by striking ‘‘and (e)’’ and 

2 inserting ‘‘(e), and (f)’’; 

3 (2) by redesignating subsection (f) as sub4 section (g); and 

5 (3) by inserting after subsection (e) the fol6 lowing new subsection (f): 

7 ‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM

8 CIVIL SUPPORT MISSIONS.—(1) Each report shall also in9 clude an assessment of the readiness of the National 

10 Guard to perform tasks required to support the National 

11 Response Plan for support to civil authorities. 

12 ‘‘(2) Any information in an assessment under this 

13 subsection that is relevant to the National Guard of a par14 ticular State shall also be made available to the Governor 

15 of that State. 

16 ‘‘(3) The Secretary shall ensure that each State Gov17 ernor has an opportunity to provide to the Secretary an 

18 independent evaluation of that State’s National Guard, 

19 which the Secretary shall include with each assessment 

20 submitted under this subsection.’’. 

21 (c) EFFECTIVE DATE.— 

22 (1) ANNUAL REPORT ON NATIONAL GUARD AND

23 RESERVE COMPONENT EQUIPMENT.—The amend24 ment made by subsection (a) shall apply with respect 


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1 to reports submitted after the date of the enactment 

2 of this Act. 

3 (2) QUARTERLY REPORTS ON PERSONNEL AND

4 UNIT READINESS.—The amendment made by sub5 section (b) shall apply with respect to the quarterly 

6 report required under section 482 of title 10, United 

7 States Code, for the second quarter of fiscal year 

8 2009 and each subsequent report required under 

9 that section. 

10 (d) REPORT ON IMPLEMENTATION.— 

11 (1) IN GENERAL.—As part of the budget jus12 tification materials submitted to Congress in support 

13 of the budget of the President for each of fiscal 

14 years 2009 and 2010 (as submitted under section 

15 1105 of title 31, United States Code), the Secretary 

16 of Defense shall submit to the congressional defense 

17 committees a report on actions taken by the Sec18 retary to implement the amendments made by this 

19 section. 

20 (2) ELEMENTS.—Each report required under 

21 paragraph (1) shall include a description of the 

22 mechanisms to be utilized by the Secretary for as23 sessing the personnel, equipment, and training readi24 ness of the National Guard, including the standards 

25 and measures that will be applied and mechanisms 


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1 for sharing information on such matters with the 

2 Governors of the States. 

3 SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL 

4 AND EQUIPMENT. 

5 (a) ANNUAL REPORT REQUIRED.—Chapter 131 of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 2229a. Annual report on prepositioned materiel 

9 and equipment 

10 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 

11 the date of the submission of the President’s budget re12 quest for a fiscal year under section 1105 of title 31, the 

13 Secretary of Defense shall submit to the congressional de14 fense committees a report on the status of the materiel 

15 in the prepositioned stocks as of the end of the fiscal year 

16 preceding the fiscal year during which the report is sub17 mitted. Each report shall be unclassified and may contain 

18 a classified annex. Each report shall include the following 

19 information: 

20 ‘‘(1) The level of fill for major end items of 

21 equipment and spare parts in each prepositioned set 

22 as of the end of the fiscal year covered by the report. 

23 ‘‘(2) The material condition of equipment in the 

24 prepositioned stocks as of the end of such fiscal 

25 year, grouped by category or major end item. 


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1 ‘‘(3) A list of major end items of equipment 

2 drawn from the prepositioned stocks during such fis3 cal year and a description of how that equipment 

4 was used and whether it was returned to the stocks 

5 after being used. 

6 ‘‘(4) A timeline for completely reconstituting 

7 any shortfall in the prepositioned stocks. 

8 ‘‘(5) An estimate of the amount of funds re9 quired to completely reconstitute any shortfall in the 

10 prepositioned stocks and a description of the Sec11 retary’s plan for carrying out such complete recon12 stitution. 

13 ‘‘(6) A list of any operations plan affected by 

14 any shortfall in the prepositioned stocks and a de15 scription of any action taken to mitigate any risk 

16 that such a shortfall may create. 

17 ‘‘(b) COMPTROLLER GENERAL REVIEW.—(1) By not 

18 later than 120 days after the date on which a report is 

19 submitted under subsection (a), the Comptroller General 

20 shall review the report and, as the Comptroller General 

21 determines appropriate, submit to the congressional de22 fense committees any additional information that the 

23 Comptroller General determines will further inform such 

24 committees on issues relating to the status of the materiel 

25 in the prepositioned stocks. 


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1 ‘‘(2) The Secretary of Defense shall ensure the full 

2 cooperation of the Department of Defense with the Comp3 troller General for purposes of the conduct of the review 

4 required by this subsection, both before and after each re5 port is submitted under subsection (a). The Secretary 

6 shall conduct periodic briefings for the Comptroller Gen7 eral on the information covered by each report required 

8 under subsection (a) and provide to the Comptroller Gen9 eral access to the data and preliminary results to be used 

10 by the Secretary in preparing each such report before the 

11 Secretary submits the report to enable the Comptroller 

12 General to conduct each review required under paragraph 

13 (1) in a timely manner. 

14 ‘‘(3) The requirement to conduct a review under this 

15 subsection shall terminate on September 30, 2015.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by adding 

18 at the end the following new item: 

‘‘2229a. Annual report on prepositioned materiel and equipment.’’. 

19 SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 

20 ENHANCED DEPLOYMENT. 

21 Section 323(b)(2) of the John Warner National De22 fense Authorization Act for Fiscal Year 2007 (Public Law 

23 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amend24 ed— 


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1 (1) in subparagraph (A), by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (2) in subparagraph (B), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(C) each of the military departments for 

8 the incremental changes in reset costs resulting 

9 from the deployment and redeployment of 

10 forces to Iraq and Afghanistan above the levels 

11 deployed to such countries on January 1, 

12 2007.’’. 

13 SEC. 354. MODIFICATION OF REQUIREMENTS OF COMP14 TROLLER GENERAL REPORT ON THE READI15 NESS OF ARMY AND MARINE CORPS GROUND 

16 FORCES. 

17 (a) SUBMITTAL DATE.—Subsection (a)(1) of section 

18 345 of the John Warner National Defense Authorization 

19 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

20 2156) is amended by striking ‘‘June 1, 2007’’ and insert21 ing ‘‘June 1, 2008’’. 

22 (b) ELEMENTS.—Subsection (b) of such section is 

23 amended— 

24 (1) by striking paragraph (2); 


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1 (2) by redesignating paragraphs (3) through 

2 (7) as paragraphs (4) through (8), respectively; and 

3 (3) by inserting after paragraph (1) the fol4 lowing new paragraphs: 

5 ‘‘(2) An assessment of the ability of the Army 

6 and Marine Corps to provide trained and ready 

7 forces to meet the requirements of increased force 

8 levels in support of Operation Iraqi Freedom and 

9 Operation Enduring Freedom above such force levels 

10 in effect on January 1, 2007, and to meet the re11 quirements of other ongoing operations simulta12 neously with such increased force levels. 

13 ‘‘(3) An assessment of the strategic depth of 

14 the Army and Marine Corps and their ability to pro15 vide trained and ready forces to meet the require16 ments of the high-priority contingency war plans of 

17 the regional combatant commands, including an 

18 identification and evaluation for each such plan of— 

19 ‘‘(A) the strategic and operational risks as20 sociated with current and projected forces of 

21 current and projected readiness; 

22 ‘‘(B) the time required to make forces 

23 available and prepare them for deployment; and 

24 ‘‘(C) likely strategic tradeoffs necessary to 

25 meet the requirements of each such plan.’’. 


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1 (c) DEPARTMENT OF DEFENSE COOPERATION.— 

2 Such section is further amended— 

3 (1) by redesignating subsection (c) as sub4 section (d); and 

5 (2) by inserting after subsection (b) the fol6 lowing new subsection (c): 

7 ‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.— 

8 The Secretary of Defense shall ensure the full cooperation 

9 of the Department of Defense with the Comptroller Gen10 eral for purposes of the preparation of the report required 

11 by this section.’’. 

12 SEC. 355. PLAN TO IMPROVE READINESS OF GROUND 

13 FORCES OF ACTIVE AND RESERVE COMPO14 NENTS. 

15 (a) REPORT REQUIRED.—At the same time that the 

16 budget is submitted under section 1105(a) of title 31, 

17 United States Code, for a fiscal year, the Secretary of De18 fense shall submit to the congressional defense committees 

19 a report on improving the readiness of the ground forces 

20 of active and reserve components of the Armed Forces. 

21 Each such report shall include— 

22 (1) a summary of the readiness of each report23 ing unit of the ground forces of the active and re24 serve components and a summary of the readiness of 


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1 each major combat unit of each Armed Force by 

2 readiness level; 

3 (2) an identification of the extent to which the 

4 actual readiness ratings of the active and reserve 

5 components of the Armed Forces have been up6 graded based on the judgment of commanders and 

7 any efforts of the Secretary of Defense to analyze 

8 the trends and implications of such upgrades; 

9 (3) the goals of the Secretary of Defense for 

10 managing the readiness of the ground forces of the 

11 active and reserve components, expressed in terms of 

12 the number of units or percentage of the force that 

13 the Secretary plans to maintain at each level of 

14 readiness, and the Secretary’s projected timeframe 

15 for achieving each such goal; 

16 (4) a prioritized list of items and actions to be 

17 accomplished during the fiscal year during which the 

18 report is submitted, and during the fiscal years cov19 ered by the future-years defense program, that the 

20 Secretary of Defense believes are necessary to sig21 nificantly improve the readiness of the ground forces 

22 of the active and reserve components and achieve the 

23 goals and timeframes described in paragraph (3); 

24 and 


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1 (5) a detailed investment strategy and plan for 

2 each fiscal year covered by the future-years defense 

3 program under section 221 of title 10, United States 

4 Code, that is submitted during the fiscal year in 

5 which the report is submitted, that outlines the re6 sources required to improve the readiness of the 

7 ground forces of the active and reserve components, 

8 including a description of how each resource identi9 fied in such plan relates to funding requested by the 

10 Secretary in the Secretary’s annual budget, and how 

11 each such resource will specifically enable the Sec12 retary to achieve the readiness goals described in 

13 paragraph (3) within the projected timeframes. 

14 (b) COMPTROLLER GENERAL REVIEW.—By not later 

15 than 60 days after the date on which a report is submitted 

16 under subsection (a), the Comptroller General shall review 

17 the report and, as the Comptroller General determines ap18 propriate, submit to the congressional defense committees 

19 any additional information that the Comptroller General 

20 determines will further inform the congressional defense 

21 committees on issues relating to the readiness of the 

22 ground forces of the active and reserve components of the 

23 Armed Forces. 

24 (c) TERMINATION.—The requirement to submit a re25 port under subsection (a) shall terminate on the date the 


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1 Secretary of Defense submits the fifth report required 

2 under that subsection. 

3 SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE 

4 AIR FLEET VIABILITY. 

5 (a) INDEPENDENT ASSESSMENT REQUIRED.—The 

6 Secretary of Defense shall provide for an independent as7 sessment of the viability of the Civil Reserve Air Fleet to 

8 be conducted by a federally-funded research and develop9 ment center selected by the Secretary. 

10 (b) CONTENTS OF ASSESSMENT.—The assessment 

11 required by subsection (a) shall include each of the fol12 lowing: 

13 (1) An assessment of the Civil Reserve Air 

14 Fleet as of the date of the enactment of this Act, 

15 including an assessment of— 

16 (A) the level of increased use of commer17 cial assets to fulfill Department of Defense 

18 transportation requirements as a result of the 

19 increased global mobility requirements in re20 sponse to the terrorist attacks of September 11, 

21 2001; 

22 (B) the extent of charter air carrier par23 ticipation in fulfilling increased Department of 

24 Defense transportation requirements as a result 

25 of the increased global mobility requirements in 


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1 response to the terrorist attacks of September 

2 11, 2001; 

3 (C) any policy of the Secretary of Defense 

4 to limit the percentage of income a single air 

5 carrier participating in the Civil Reserve Air 

6 Fleet may earn under contracts with the Sec7 retary during any calendar year and the effects 

8 of such policy on the air carrier industry in 

9 peacetime and during periods during which the 

10 Armed Forces are deployed in support of a con11 tingency operation for which the Civil Reserve 

12 Air Fleet is not activated; and 

13 (D) any risks to the charter air carrier in14 dustry as a result of the expansion of the indus15 try in response to contingency operations result16 ing in increased demand by the Department of 

17 Defense. 

18 (2) A strategic assessment of the viability of the 

19 Civil Reserve Air Fleet that compares such viability 

20 as of the date of the enactment of this Act with the 

21 projected viability of the Civil Reserve Air Fleet 5, 

22 10, and 15 years after the date of the enactment of 

23 this Act, including for activations at each of stages 

24 1, 2, and 3— 


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1 (A) an examination of the requirements of 

2 the Department of Defense for the Civil Re3 serve Air Fleet for the support of operational 

4 and contingency plans, including any antici5 pated changes in the Department’s organic air6 lift capacity, logistics concepts, and personnel 

7 and training requirements; 

8 (B) an assessment of air carrier participa9 tion in the Civil Reserve Air Fleet; and 

10 (C) a comparison between the require11 ments of the Department described in subpara12 graph (A) and air carrier participation de13 scribed in subparagraph (B). 

14 (3) An examination of any perceived barriers to 

15 Civil Reserve Air Fleet viability, including— 

16 (A) the operational planning system of the 

17 Civil Reserve Air Fleet; 

18 (B) the reward system of the Civil Reserve 

19 Air Fleet; 

20 (C) the long-term affordability of the Avia21 tion War Risk Insurance Program; 

22 (D) the effect on United States air carriers 

23 operating overseas routes during periods of 

24 Civil Reserve Air Fleet activation; 


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1 (E) increased foreign ownership of United 

2 States air carriers; 

3 (F) increased operational costs during acti4 vation as a result of hazardous duty pay, rout5 ing delays, and inefficiencies in cargo handling 

6 by the Department of Defense; 

7 (G) the effect of policy initiatives by the 

8 Secretary of Transportation to encourage inter9 national code sharing and alliances; and 

10 (H) the effect of limitations imposed by 

11 the Secretary of Defense to limit commercial 

12 shipping options for certain routes and package 

13 sizes. 

14 (4) Recommendations for improving the Civil 

15 Reserve Air Fleet program, including an assessment 

16 of potential incentives for increasing participation in 

17 the Civil Reserve Air Fleet program, including estab18 lishing a minimum annual purchase amount during 

19 peacetime. 

20 (c) SUBMISSION TO CONGRESS.—Upon the comple21 tion of the assessment required under subsection (a) and 

22 by not later than April 1, 2008, the Secretary shall submit 

23 to the congressional defense committees a report on the 

24 assessment. 


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1 (d) COMPTROLLER GENERAL REPORT.—Not later 

2 than 90 days after the report is submitted under sub3 section (c), the Comptroller General shall conduct a review 

4 of the assessment required under subsection (a). 

5 SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 

6 REPORT ON PHYSICAL SECURITY OF DE7 PARTMENT OF DEFENSE INSTALLATIONS. 

8 (a) REPORT.—Not later than one year after the date 

9 of the enactment of this Act, the Inspector General of the 

10 Department of Defense shall submit to Congress a report 

11 on the physical security of Department of Defense instal12 lations and resources. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) An analysis of the progress in implementing 

16 requirements under the Physical Security Program 

17 as set forth in the Department of Defense Instruc18 tion 5200.08–R, Chapter 2 (C.2) and Chapter 3, 

19 Section 3: Installation Access (C3.3), which man20 dates the policies and minimum standards for the 

21 physical security of Department of Defense installa22 tions and resources. 

23 (2) Recommendations based on the findings of 

24 the Comptroller General of the United States in the 

25 report required by section 344 of the John Warner 


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1 National Defense Authorization Act for Fiscal Year 

2 2007 (Public Law 109–366; 120 Stat. 2155). 

3 (3) Recommendations based on the lessons 

4 learned from the thwarted plot to attack Fort Dix, 

5 New Jersey, in 2007. 

6 SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING. 

7 (a) REVIEW REQUIRED.—The Secretary of the De8 fense shall conduct a review of the training requirements 

9 of the Department of Defense for helicopter operations in 

10 high-altitude or power-limited conditions. 

11 (b) CONTENT.—The review required under sub12 section (a) shall include an examination of— 

13 (1) power-management and high-altitude train14 ing requirements by military department, helicopter, 

15 and crew position; 

16 (2) training methods and locations currently 

17 used by each of the military departments to fulfill 

18 those training requirements; 

19 (3) department or service regulations that pro20 hibit or inhibit joint-service or inter-service high-alti21 tude aviation training; 

22 (4) costs for each of the previous 5 years asso23 ciated with transporting aircraft to and from the 

24 High-Altitude Aviation Training Site, Gypsum, Colo25 rado, for training purposes; 


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1 (5) potential risk avoidance and reductions in 

2 accident rates due to power management if training 

3 of the type offered at the High-Altitude Aviation 

4 Training Site was required training, rather than op5 tional training; and 

6 (6) potential cost savings and operational bene7 fits, if any, of permanently stationing no less than 

8 4 UH–60, 2 CH–47, and 2 LUH–72 aircraft at the 

9 High-Altitude Aviation Training Site, Gypsum, Colo10 rado. 

11 (c) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary shall submit 

13 to the congressional defense committees a report on the 

14 conduct and findings of the review required under sub15 section (a) along with a summary of changes to policy, 

16 regulation, or asset allocation necessary to ensure that De17 partment of Defense helicopter aircrews are adequately 

18 trained in high-altitude or power-limited flying conditions 

19 prior to being exposed to such conditions operationally. 

20 SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACH21 MENT ISSUES AND MASTER PLAN FOR WAR22 REN GROVE GUNNERY RANGE, NEW JERSEY. 

23 (a) ANNUAL REPORT ON SAFETY MEASURES.—Not 

24 later than March 1, 2008, and annually thereafter for 2 

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1 mit to the congressional defense committees a report on 

2 efforts made by all of the military departments utilizing 

3 the Warren Grove Gunnery Range, New Jersey, to provide 

4 the highest level of safety. 

5 (b) MASTER PLAN FOR WARREN GROVE GUNNERY

6 RANGE.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary of the Air Force shall submit to the congres10 sional defense committees a master plan for Warren 

11 Grove Gunnery Range. 

12 (2) CONTENT.—The master plan required 

13 under paragraph (1) shall include measures to miti14 gate encroachment of the Warren Grove Gunnery 

15 Range, taking into consideration military mission re16 quirements, land use plans, the surrounding commu17 nity, the economy of the region, and protection of 

18 the environment and public health, safety, and wel19 fare. 

20 (3) INPUT.—In establishing the master plan re21 quired under paragraph (1), the Secretary shall seek 

22 input from relevant stakeholders at the Federal, 

23 State, and local level. 


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1 SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES 

2 OF THE AIR FORCE IN THE NORTHWESTERN 

3 UNITED STATES. 

4 (a) REPORT.—Not later than April 1, 2008, the Sec5 retary of the Air Force shall submit to the appropriate 

6 congressional committees a report on the search and res7 cue capabilities of the Air Force in the northwestern 

8 United States. 

9 (b) CONTENT.—The report required under subsection 

10 (a) shall include the following: 

11 (1) An assessment of the search and rescue ca12 pabilities required to support Air Force operations 

13 and training. 

14 (2) A description of the compliance of the Air 

15 Force with the 1999 United States National Search 

16 and Rescue Plan (referred to hereinafter in this sec17 tion as the ‘‘NSRP’’) for Washington, Oregon, 

18 Idaho, and Montana. 

19 (3) An inventory and description of the search 

20 and rescue assets of the Air Force that are available 

21 to meet the requirements of the NSRP. 

22 (4) A description of the use of such search and 

23 rescue assets during the 3-year period preceding the 

24 date when the report is submitted. 

25 (5) The plans of the Air Force to meet current 

26 and future search and rescue requirements in the 


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1 northwestern United States, including plans that 

2 take into consideration requirements related to sup3 port for both Air Force operations and training and 

4 compliance with the NSRP. 

5 (6) An inventory of other search and rescue ca6 pabilities equivalent to such capabilities provided by 

7 the Air Force that may be provided by other Fed8 eral, State, or local agencies in the northwestern 

9 United States. 

10 (c) USE OF REPORT FOR PURPOSES OF CERTIFI11 CATION REGARDING SEARCH AND RESCUE CAPABILI12 TIES.—Section 1085 of the Ronald W. Reagan National 

13 Defense Authorization Act for Fiscal Year 2005 (Public 

14 Law 108–375; 118 Stat. 2065; 10 U.S.C. 113 note) is 

15 amended by striking ‘‘unless the Secretary first certifies’’ 

16 and inserting ‘‘unless the Secretary, after reviewing the 

17 search and rescue capabilities report prepared by the Sec18 retary of the Air Force under subsection (a), first cer19 tifies’’. 

20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

21 DEFINED.—In this section, the term ‘‘appropriate con22 gressional committees’’ means— 

23 (1) the Committee on Armed Services, the 

24 Committee on Homeland Security and Governmental 

25 Affairs, the Committee on Commerce, Science, and 


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1 Transportation, the Committee on Energy and Nat2 ural Resources, and the Committee on Appropria3 tions of the Senate; and 

4 (2) the Committee on Armed Services, the 

5 Committee on Homeland Security, the Committee on 

6 Energy and Commerce, the Committee on Natural 

7 Resources, and the Committee on Appropriations of 

8 the House of Representatives. 

9 SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPI10 TALIZATION PLAN FOR CHEYENNE MOUN11 TAIN AIR STATION, COLORADO. 

12 (a) REPORT ON RELOCATION OF NORTH AMERICAN

13 AEROSPACE DEFENSE COMMAND CENTER.— 

14 (1) IN GENERAL.—Not later than March 1, 

15 2008, the Secretary of Defense shall submit to Con16 gress a report on the relocation of the North Amer17 ican Aerospace Defense Command center and re18 lated functions from Cheyenne Mountain Air Sta19 tion, Colorado, to Peterson Air Force Base, Colo20 rado. 

21 (2) CONTENT.—The report required under 

22 paragraph (1) shall include— 

23 (A) an analysis comparing the total costs 

24 associated with the relocation, including costs 

25 determined as part of ongoing security-related 


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1 studies of the relocation, to anticipated oper2 ational benefits from the relocation; 

3 (B) a detailed explanation of the backup 

4 functions that will remain located at Cheyenne 

5 Mountain Air Station, and how such functions 

6 planned to be transferred out of Cheyenne 

7 Mountain Air Station, including the Space Op8 erations Center, will maintain operational 

9 connectivity with their related commands and 

10 relevant communications centers; 

11 (C) the final plans for the relocation of the 

12 North American Aerospace Defense Command 

13 center and related functions; and 

14 (D) the findings and recommendations of 

15 an independent security and vulnerability as16 sessment of Peterson Air Force Base carried 

17 out by Sandia National Laboratory for the 

18 United States Air Force Space Command and 

19 the Secretary’s plans for mitigating any secu20 rity and vulnerability risks identified as part of 

21 that assessment and associated cost and sched22 ule estimates. 

23 (b) LIMITATION ON AVAILABILITY OF FUNDS PEND24 ING RECEIPT OF REPORT.—Of the funds appropriated 

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1 wise made available for fiscal year 2008 for operation and 

2 maintenance for the Air Force that are available for the 

3 Cheyenne Mountain Transformation project, $5,000,000 

4 may not be obligated or expended until Congress receives 

5 the report required under subsection (a). 

6 (c) COMPTROLLER GENERAL REVIEW.—Not later 

7 than 120 days after the date on which the Secretary of 

8 Defense submits the report required under subsection (a), 

9 the Comptroller General shall submit to Congress a review 

10 of the report and the final plans of the Secretary for the 

11 relocation of the North American Aerospace Defense Com12 mand center and related functions. 

13 (d) MASTER INFRASTRUCTURE RECAPITALIZATION

14 PLAN.— 

15 (1) IN GENERAL.—Not later than March 16, 

16 2008, the Secretary of the Air Force shall submit to 

17 Congress a master infrastructure recapitalization 

18 plan for Cheyenne Mountain Air Station. 

19 (2) CONTENT.—The plan required under para20 graph (1) shall include— 

21 (A) a description of the projects that are 

22 needed to improve the infrastructure required 

23 for supporting missions associated with Chey24 enne Mountain Air Station; and 


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1 (B) a funding plan explaining the expected 

2 timetable for the Air Force to support such 

3 projects. 

4 Subtitle F—Other Matters 

5 SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND 

6 PREVENTION FUNCTIONS WITHIN DEPART7 MENT OF DEFENSE. 

8 (a) OFFICE OF CORROSION POLICY AND OVER9 SIGHT.— 

10 (1) IN GENERAL.—Section 2228 of title 10, 

11 United States Code, is amended by striking the sec12 tion heading and subsection (a) and inserting the 

13 following: 

14 ‘‘§ 2228. Office of Corrosion Policy and Oversight 

15 ‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office 

16 of Corrosion Policy and Oversight within the Office of the 

17 Under Secretary of Defense for Acquisition, Technology, 

18 and Logistics. 

19 ‘‘(2) The Office shall be headed by a Director of Cor20 rosion Policy and Oversight, who shall be assigned to such 

21 position by the Under Secretary from among civilian em22 ployees of the Department of Defense with the qualifica23 tions described in paragraph (3). The Director is respon24 sible in the Department of Defense to the Secretary of 

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1 sition, Technology, and Logistics) for the prevention and 

2 mitigation of corrosion of the military equipment and in3 frastructure of the Department of Defense. The Director 

4 shall report directly to the Under Secretary. 

5 ‘‘(3) In order to qualify to be assigned to the position 

6 of Director, an individual shall— 

7 ‘‘(A) have management expertise in, and profes8 sional experience with, corrosion project and policy 

9 implementation, including an understanding of the 

10 effects of corrosion policies on infrastructure; re11 search, development, test, and evaluation; and main12 tenance; and 

13 ‘‘(B) have an understanding of Department of 

14 Defense budget formulation and execution, policy 

15 formulation, and planning and program require16 ments. 

17 ‘‘(4) The Secretary of Defense shall designate the po18 sition of Director as a critical acquisition position under 

19 section 1733(b)(1)(C) of this title.’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 2228(b) of such title is amended— 

22 (A) in paragraph (1), by striking ‘‘official 

23 or organization designated under subsection 

24 (a)’’ and inserting ‘‘Director of Corrosion Policy 


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1 and Oversight (in this section referred to as the 

2 ‘Director’)’’; and 

3 (B) in paragraphs (2), (3), (4), and (5), by 

4 striking ‘‘designated official or organization’’ 

5 and inserting ‘‘Director’’. 

6 (b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF7 FICE.—Section 2228 of such title is further amended— 

8 (1) by redesignating subsections (c) and (d) as 

9 subsections (d) and (f), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing new subsection: 

12 ‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.— 

13 The Director is authorized to— 

14 ‘‘(1) develop, update, and coordinate corrosion 

15 training with the Defense Acquisition University; 

16 ‘‘(2) participate in the process within the De17 partment of Defense for the development of relevant 

18 directives and instructions; and 

19 ‘‘(3) interact directly with the corrosion preven20 tion industry, trade associations, other government 

21 corrosion prevention agencies, academic research 

22 and educational institutions, and scientific organiza23 tions engaged in corrosion prevention, including the 

24 National Academy of Sciences.’’. 


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1 (c) INCLUSION OF COOPERATIVE RESEARCH AGREE2 MENTS AS PART OF CORROSION REDUCTION STRAT3 EGY.—Subsection (d)(2)(D) of section 2228 of such title, 

4 as redesignated by subsection (b), is amended by inserting 

5 after ‘‘operational strategies’’ the following: ‘‘, including 

6 through the establishment of memoranda of agreement, 

7 joint funding agreements, public-private partnerships, uni8 versity research and education centers, and other coopera9 tive research agreements’’. 

10 (d) REPORT REQUIREMENT.—Section 2228 of such 

11 title is further amended by inserting after subsection (d) 

12 (as redesignated by subsection (b)) the following new sub13 section: 

14 ‘‘(e) REPORT.—(1) For each budget for a fiscal year, 

15 beginning with the budget for fiscal year 2009, the Sec16 retary of Defense shall submit, with the defense budget 

17 materials, a report on the following: 

18 ‘‘(A) Funding requirements for the long-term 

19 strategy developed under subsection (d). 

20 ‘‘(B) The return on investment that would be 

21 achieved by implementing the strategy. 

22 ‘‘(C) The funds requested in the budget com23 pared to the funding requirements. 

24 ‘‘(D) An explanation if the funding require25 ments are not fully funded in the budget. 


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1 ‘‘(2) Within 60 days after submission of the budget 

2 for a fiscal year, the Comptroller General shall provide to 

3 the congressional defense committees— 

4 ‘‘(A) an analysis of the budget submission for 

5 corrosion control and prevention by the Department 

6 of Defense; and 

7 ‘‘(B) an analysis of the report required under 

8 paragraph (1).’’. 

9 (e) DEFINITIONS.—Subsection (f) of section 2228 of 

10 such title, as redesignated by subsection (b), is amended 

11 by adding at the end the following new paragraphs: 

12 ‘‘(4) The term ‘budget’, with respect to a fiscal 

13 year, means the budget for that fiscal year that is 

14 submitted to Congress by the President under sec15 tion 1105(a) of title 31. 

16 ‘‘(5) The term ‘defense budget materials’, with 

17 respect to a fiscal year, means the materials sub18 mitted to Congress by the Secretary of Defense in 

19 support of the budget for that fiscal year.’’. 

20 (f) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of chapter 131 of such title is amended by 

22 striking the item relating to section 2228 and inserting 

23 the following new item: 

‘‘2228. Office of Corrosion Policy and Oversight.’’. 


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1 SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

2 PROVIDE SUPPORT FOR CERTAIN SPORTING 

3 EVENTS. 

4 (a) PROVISION OF SUPPORT.—Section 2564 of title 

5 10, United States Code, is amended— 

6 (1) in subsection (c), by adding at the end the 

7 following new paragraphs: 

8 ‘‘(4) A sporting event sanctioned by the United 

9 States Olympic Committee through the Paralympic 

10 Military Program. 

11 ‘‘(5) Any national or international paralympic 

12 sporting event (other than a sporting event described 

13 in paragraphs (1) through (4))— 

14 ‘‘(A) that— 

15 ‘‘(i) is held in the United States or 

16 any of its territories or commonwealths; 

17 ‘‘(ii) is governed by the International 

18 Paralympic Committee; and 

19 ‘‘(iii) is sanctioned by the United 

20 States Olympic Committee; 

21 ‘‘(B) for which participation exceeds 100 

22 amateur athletes; and 

23 ‘‘(C) in which at least 10 percent of the 

24 athletes participating in the sporting event are 

25 members or former members of the armed 

26 forces who are participating in the sporting 


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1 event based upon an injury or wound incurred 

2 in the line of duty in the armed force and vet3 erans who are participating in the sporting 

4 event based upon a service-connected dis5 ability.’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(g) FUNDING FOR SUPPORT OF CERTAIN

9 EVENTS.—(1) Amounts for the provision of support for 

10 a sporting event described in paragraph (4) or (5) of sub11 section (c) may be derived from the Support for Inter12 national Sporting Competitions, Defense account estab13 lished by section 5802 of the Omnibus Consolidated Ap14 propriations Act, 1997 (Public Law 104–208; 10 U.S.C. 

15 2564 note), notwithstanding any limitation under that sec16 tion relating to the availability of funds in such account 

17 for the provision of support for international sporting com18 petitions. 

19 ‘‘(2) The total amount expended for any fiscal year 

20 to provide support for sporting events described in sub21 section (c)(5) may not exceed $1,000,000.’’. 

22 (b) SOURCE OF FUNDS.—Section 5802 of the Omni23 bus Consolidated Appropriations Act, 1997 (Public Law 

24 104–208; 10 U.S.C. 2564 note) is amended— 


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1 (1) by inserting after ‘‘international sporting 

2 competitions’’ the following: ‘‘and for support of 

3 sporting competitions authorized under section 

4 2564(c)(4) and (5), of title 10, United States 

5 Code,’’; and 

6 (2) by striking ‘‘45 days’’ and inserting ‘‘15 

7 days’’. 

8 SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRIC9 TIONS ON PAYMENT OF FULL REPLACEMENT 

10 VALUE FOR LOST OR DAMAGED PERSONAL 

11 PROPERTY TRANSPORTED AT GOVERNMENT 

12 EXPENSE. 

13 Section 2636a(d) of title 10, United States Code, is 

14 amended by adding at the end the following new sentence: 

15 ‘‘The regulations may include a requirement that a mem16 ber of the armed forces or civilian employee of the Depart17 ment of Defense comply with reasonable restrictions or 

18 conditions prescribed by the Secretary in order to receive 

19 the full amount deducted under subsection (b).’’. 


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1 SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT 

2 OF DEFENSE AIRCRAFT OF RETIRED MEM3 BERS RESIDING IN COMMONWEALTHS AND 

4 POSSESSIONS OF THE UNITED STATES FOR 

5 CERTAIN HEALTH CARE SERVICES. 

6 (a) AVAILABILITY OF TRANSPORTATION.—Chapter 

7 157 of title 10, United States Code, is amended by insert8 ing after section 2641a the following new section: 

9 ‘‘§ 2641b. Space-available travel on Department of De10 fense aircraft: retired members residing 

11 in Commonwealths and possessions of 

12 the United States for certain health care 

13 services 

14 ‘‘(a) PRIORITY TRANSPORTATION.—The Secretary of 

15 Defense shall provide transportation on Department of 

16 Defense aircraft on a space-available basis for any member 

17 or former member of the uniformed services described in 

18 subsection (b), and a single dependent of the member if 

19 needed to accompany the member, at a priority level in 

20 the same category as the priority level for an unaccom21 panied dependent over the age of 18 traveling on environ22 mental and morale leave. 

23 ‘‘(b) ELIGIBLE MEMBERS AND FORMER MEM24 BERS.—A member or former member eligible for priority 

25 transport under subsection (a) is a covered beneficiary 

26 under chapter 55 of this title who— 


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1 ‘‘(1) is entitled to retired or retainer pay; 

2 ‘‘(2) resides in or is located in a Commonwealth 

3 or possession of the United States; and 

4 ‘‘(3) is referred by a military or civilian primary 

5 care provider located in that Commonwealth or pos6 session to a specialty care provider for services to be 

7 provided outside of that Commonwealth or posses8 sion. 

9 ‘‘(c) SCOPE OF PRIORITY.—The increased priority for 

10 space-available transportation required by subsection (a) 

11 applies with respect to both— 

12 ‘‘(1) the travel from the Commonwealth or pos13 session of the United States to receive the specialty 

14 care services; and 

15 ‘‘(2) the return travel. 

16 ‘‘(d) DEFINITIONS.—In this section, the terms ‘pri17 mary care provider’ and ‘specialty care provider’ refer to 

18 a medical or dental professional who provides health care 

19 services under chapter 55 of this title. 

20 ‘‘(e) REGULATIONS.—The Secretary of Defense shall 

21 prescribe regulations to implement this section.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 2641a the following new 

25 item: 


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‘‘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.’’. 

1 SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY. 

2 (a) IN GENERAL.—Chapter 165 of title 10, United 

3 States Code, is amended by adding at the end the fol4 lowing new sections: 

5 ‘‘§ 2788. Property accountability: regulations 

6 ‘‘The Secretary of a military department may pre7 scribe regulations for the accounting for the property of 

8 that department and the fixing of responsibility for that 

9 property. 

10 ‘‘§ 2789. Individual equipment: unauthorized disposi11 tion 

12 ‘‘(a) PROHIBITION.—No member of the armed forces 

13 may sell, lend, pledge, barter, or give any clothing, arms, 

14 or equipment furnished to such member by the United 

15 States to any person other than a member of the armed 

16 forces or an officer of the United States who is authorized 

17 to receive it. 

18 ‘‘(b) SEIZURE OF IMPROPERLY DISPOSED PROP19 ERTY.—If a member of the armed forces has disposed of 

20 property in violation of subsection (a) and the property 

21 is in the possession of a person who is neither a member 

22 of the armed forces nor an officer of the United States 

23 who is authorized to receive it, that person has no right 

24 to or interest in the property, and any civil or military 


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1 officer of the United States may seize the property, wher2 ever found, subject to applicable regulations. Possession 

3 of such property furnished by the United States to a mem4 ber of the armed forces by a person who is neither a mem5 ber of the armed forces, nor an officer of the United 

6 States, is prima facie evidence that the property has been 

7 disposed of in violation of subsection (a). 

8 ‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an officer 

9 who seizes property under subsection (b) is not authorized 

10 to retain it for the United States, the officer shall deliver 

11 the property to a person who is authorized to retain it.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 at the end the following new items: 

‘‘2788. Property accountability: regulations. 

‘‘2789. Individual equipment: unauthorized disposition.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) IN GENERAL.—Such title is further amend17 ed by striking the following sections: 

18 (A) Section 4832. 

19 (B) Section 4836. 

20 (C) Section 9832. 

21 (D) Section 9836. 

22 (2) CLERICAL AMENDMENTS.— 

23 (A) CHAPTER 453.—The table of sections 

24 at the beginning of chapter 453 of such title is 


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1 amended by striking the items relating to sec2 tions 4832 and 4836. 

3 (B) CHAPTER 953.—The table of sections 

4 at the beginning of chapter 953 of such title is 

5 amended by striking the items relating to sec6 tions 9832 and 9836. 

7 SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS 

8 OF THE ARMED FORCES DEPLOYED IN SUP9 PORT OF CONTINGENCY OPERATIONS. 

10 (a) RETENTION OF COMBAT UNIFORMS.—Chapter 

11 152 of title 10, United States Code, is amended by adding 

12 at the end the following new section: 

13 ‘‘§ 2568. Retention of combat uniforms by members 

14 deployed in support of contingency oper15 ations 

16 ‘‘The Secretary of a military department may author17 ize a member of the armed forces under the jurisdiction 

18 of the Secretary who has been deployed in support of a 

19 contingency operation for at least 30 days to retain, after 

20 that member is no longer so deployed, the combat uniform 

21 issued to that member as organizational clothing and indi22 vidual equipment.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item: 


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‘‘2568. Retention of combat uniforms by members deployed in support of contingency operations.’’. 

1 SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY 

2 OTHER THAN TO ARMED FORCES. 

3 (a) IN GENERAL.—Part IV of subtitle C of title 10, 

4 United States Code, is amended by adding at the end the 

5 following new chapter: 

6 ‘‘CHAPTER 667—ISSUE OF SERVICEABLE 

7 MATERIAL OTHER THAN TO ARMED 

8 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. 

9 ‘‘§ 7911. Arms, tentage, and equipment: educational 

10 institutions not maintaining units of 

11 R.O.T.C. 

12 ‘‘Under such conditions as he may prescribe, the Sec13 retary of the Navy may issue arms, tentage, and equip14 ment that the Secretary considers necessary for proper 

15 military training, to any educational institution at which 

16 no unit of the Reserve Officers’ Training Corps is main17 tained, but which has a course in military training pre18 scribed by the Secretary and which has at least 50 phys19 ically fit students over 14 years of age. 


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1 ‘‘§ 7912. Rifles and ammunition for target practice: 

2 educational institutions having corps of 

3 midshipmen 

4 ‘‘(a) AUTHORITY TO LEND.—The Secretary of the 

5 Navy may lend, without expense to the United States, 

6 magazine rifles and appendages that are not of the exist7 ing service models in use at the time and that are not 

8 necessary for a proper reserve supply, to any educational 

9 institution having a uniformed corps of midshipmen of 

10 sufficient number for target practice. The Secretary may 

11 also issue 40 rounds of ball cartridges for each mid12 shipman for each range at which target practice is held, 

13 but not more than 120 rounds each year for each mid14 shipman participating in target practice. 

15 ‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The in16 stitutions to which property is lent under subsection (a) 

17 shall— 

18 ‘‘(1) use the property for target practice; 

19 ‘‘(2) take proper care of the property; and 

20 ‘‘(3) return the property when required. 

21 ‘‘(c) REGULATIONS.—The Secretary of the Navy 

22 shall prescribe regulations to carry out this section, con23 taining such other requirements as he considers necessary 

24 to safeguard the interests of the United States. 


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1 ‘‘§ 7913. Supplies: military instruction camps 

2 ‘‘Under such conditions as he may prescribe, the Sec3 retary of the Navy may issue, to any educational institu4 tion at which an officer of the naval service is detailed 

5 as professor of naval science, such supplies as are nec6 essary to establish and maintain a camp for the military 

7 instruction of its students. The Secretary shall require a 

8 bond in the value of the property issued under this section, 

9 for the care and safekeeping of that property and except 

10 for property properly expended, for its return when re11 quired.’’. 

12 (b) CLERICAL AMENDMENT.—The table of chapters 

13 at the beginning of subtitle C of such title, and the table 

14 of chapters at the beginning of part IV of such subtitle, 

15 are each amended by inserting after the item relating to 

16 chapter 665 the following new item: 

‘‘667. Issue of serviceable material other than to Armed Forces ............. 7911.’’. 

17 SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE 

18 PROGRAM. 

19 Section 44310 of title 49, United States Code, is 

20 amended by striking ‘‘March 30, 2008’’ and inserting 

21 ‘‘December 31, 2013’’. 

22 TITLE IV—MILITARY 

23 PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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


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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. 

1 Subtitle A—Active Forces 

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for active duty personnel as of September 30, 

5 2008, as follows: 

6 (1) The Army, 525,400. 

7 (2) The Navy, 329,098. 

8 (3) The Marine Corps, 189,000. 

9 (4) The Air Force, 329,563. 

10 (b) LIMITATION.— 

11 (1) ARMY.—The authorized strength for the 

12 Army provided in paragraph (1) of subsection (a) 

13 for active duty personnel for fiscal year 2008 is sub14 ject to the condition that costs of active duty perVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 sonnel of the Army for that fiscal year in excess of 

2 489,400 shall be paid out of funds authorized to be 

3 appropriated for that fiscal year by section 1514. 

4 (2) MARINE CORPS.—The authorized strength 

5 for the Marine Corps provided in paragraph (3) of 

6 subsection (a) for active duty personnel for fiscal 

7 year 2008 is subject to the condition that costs of 

8 active duty personnel of the Marine Corps for that 

9 fiscal year in excess of 180,000 shall be paid out of 

10 funds authorized to be appropriated for that fiscal 

11 year by section 1514. 

12 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

13 STRENGTH MINIMUM LEVELS. 

14 Section 691(b) of title 10, United States Code, is 

15 amended by striking paragraphs (1) through (4) and in16 serting the following new paragraphs: 

17 ‘‘(1) For the Army, 525,400. 

18 ‘‘(2) For the Navy, 328,400. 

19 ‘‘(3) For the Marine Corps, 189,000. 

20 ‘‘(4) For the Air Force, 328,600.’’. 


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1 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

2 ARMY AND MARINE CORPS ACTIVE DUTY END 

3 STRENGTHS FOR FISCAL YEARS 2009 AND 

4 2010. 

5 (a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY

6 END STRENGTHS.—For each of fiscal years 2009 and 

7 2010, the Secretary of Defense may, as the Secretary de8 termines necessary for the purposes described in sub9 section (c), establish the active-duty end strength for the 

10 Army at a number greater than the number otherwise au11 thorized by law up to the number equal to the fiscal-year 

12 2008 baseline plus 22,000. 

13 (b) MARINE CORPS.—For each of fiscal years 2009 

14 and 2010, the Secretary of Defense may, as the Secretary 

15 determines necessary for the purposes described in sub16 section (c), establish the active-duty end strength for the 

17 Marine Corps at a number greater than the number other18 wise authorized by law up to the number equal to the fis19 cal-year 2008 baseline plus 13,000. 

20 (c) PURPOSE OF INCREASES.—The purposes for 

21 which increases may be made in Army and Marine Corps 

22 active duty end strengths under this section are— 

23 (1) to support operational missions; and 

24 (2) to achieve transformational reorganization 

25 objectives, including objectives for increased num26 bers of combat brigades and battalions, increased 


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1 unit manning, force stabilization and shaping, and 

2 rebalancing of the active and reserve component 

3 forces. 

4 (d) RELATIONSHIP TO PRESIDENTIAL WAIVER AU5 THORITY.—Nothing in this section shall be construed to 

6 limit the President’s authority under section 123a of title 

7 10, United States Code, to waive any statutory end 

8 strength in a time of war or national emergency. 

9 (e) RELATIONSHIP TO OTHER VARIANCE AUTHOR10 ITY.—The authority under this section is in addition to 

11 the authority to vary authorized end strengths that is pro12 vided in subsections (e) and (f) of section 115 of title 10, 

13 United States Code. 

14 (f) BUDGET TREATMENT.— 

15 (1) FISCAL YEARS 2009 AND 2010 BUDGETS.— 

16 The budget for the Department of Defense for fiscal 

17 years 2009 and 2010 as submitted to Congress shall 

18 comply, with respect to funding, with subsections (c) 

19 and (d) of section 691 of title 10, United States 

20 Code. 

21 (2) OTHER INCREASES.—If the Secretary of 

22 Defense plans to increase the Army or Marine Corps 

23 active duty end strength for a fiscal year under this 

24 section, then the budget for the Department of De25 fense for that fiscal year as submitted to Congress 


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1 shall include the amounts necessary for funding that 

2 active duty end strength in excess of the fiscal year 

3 2008 active duty end strength authorized for that 

4 service under section 401. 

5 (g) DEFINITIONS.—In this section: 

6 (1) FISCAL-YEAR 2008 BASELINE.—The term 

7 ‘‘fiscal-year 2008 baseline’’, with respect to the 

8 Army and Marine Corps, means the active-duty end 

9 strength authorized for those services in section 401. 

10 (2) ACTIVE-DUTY END STRENGTH.—In this 

11 subsection, the term ‘‘active-duty end strength’’ 

12 means the strength for active-duty personnel of one 

13 of the Armed Forces as of the last day of a fiscal 

14 year. 

15 (h) REPEAL OF OTHER DISCRETIONARY AUTHORITY

16 TO TEMPORARILY INCREASE ARMY AND MARINE CORPS

17 ACTIVE DUTY END STRENGTHS.—Section 403 of the 

18 Ronald W. Reagan National Defense Authorization Act 

19 for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

20 115 note), as amended by section 403 of the John Warner 

21 National Defense Authorization Act for Fiscal Year 2007 

22 (Public Law 109–364; 120 Stat. 2169), is repealed. 


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1 SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR 

2 ARMY OFFICERS ON ACTIVE DUTY IN THE 

3 GRADE OF MAJOR. 

4 The portion of the table in section 523(a)(1) of title 

5 10, United States Code, relating to the Army is amended 

6 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’’. 

7 SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR 

8 NAVY OFFICERS ON ACTIVE DUTY IN THE 

9 GRADES OF LIEUTENANT COMMANDER, COM10 MANDER, AND CAPTAIN. 

11 The table in section 523(a)(2) of title 10, United 

12 States Code, is amended to read as follows: 


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‘‘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

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’’. 

1 SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF 

2 NUMBER OF MEMBERS IN PAY GRADE E–9. 

3 Section 517(a) of title 10, United States Code, is 

4 amended by striking ‘‘1 percent’’ and inserting ‘‘1.25 per5 cent’’. 

6 Subtitle B—Reserve Forces 

7 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

8 (a) IN GENERAL.—The Armed Forces are authorized 

9 strengths for Selected Reserve personnel of the reserve 

10 components as of September 30, 2008, as follows: 

11 (1) The Army National Guard of the United 

12 States, 351,300. 

13 (2) The Army Reserve, 205,000. 

14 (3) The Navy Reserve, 67,800. 

15 (4) The Marine Corps Reserve, 39,600. 


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1 (5) The Air National Guard of the United 

2 States, 106,700. 

3 (6) The Air Force Reserve, 67,500. 

4 (7) The Coast Guard Reserve, 10,000. 

5 (b) END STRENGTH REDUCTIONS.—The end 

6 strengths prescribed by subsection (a) for the Selected Re7 serve of any reserve component shall be proportionately 

8 reduced by— 

9 (1) the total authorized strength of units orga10 nized to serve as units of the Selected Reserve of 

11 such component which are on active duty (other 

12 than for training) at the end of the fiscal year; and 

13 (2) the total number of individual members not 

14 in units organized to serve as units of the Selected 

15 Reserve of such component who are on active duty 

16 (other than for training or for unsatisfactory partici17 pation in training) without their consent at the end 

18 of the fiscal year. 

19 (c) END STRENGTH INCREASES.—Whenever units or 

20 individual members of the Selected Reserve of any reserve 

21 component are released from active duty during any fiscal 

22 year, the end strength prescribed for such fiscal year for 

23 the Selected Reserve of such reserve component shall be 

24 increased proportionately by the total authorized strengths 


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1 of such units and by the total number of such individual 

2 members. 

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

4 DUTY IN SUPPORT OF THE RESERVES. 

5 Within the end strengths prescribed in section 

6 411(a), the reserve components of the Armed Forces are 

7 authorized, as of September 30, 2008, the following num8 ber of Reserves to be serving on full-time active duty or 

9 full-time duty, in the case of members of the National 

10 Guard, for the purpose of organizing, administering, re11 cruiting, instructing, or training the reserve components: 

12 (1) The Army National Guard of the United 

13 States, 29,204. 

14 (2) The Army Reserve, 15,870. 

15 (3) The Navy Reserve, 11,579. 

16 (4) The Marine Corps Reserve, 2,261. 

17 (5) The Air National Guard of the United 

18 States, 13,936. 

19 (6) The Air Force Reserve, 2,721. 

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

21 (DUAL STATUS). 

22 The minimum number of military technicians (dual 

23 status) as of the last day of fiscal year 2008 for the re24 serve components of the Army and the Air Force (notwithVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 standing section 129 of title 10, United States Code) shall 

2 be the following: 

3 (1) For the Army Reserve, 8,249. 

4 (2) For the Army National Guard of the United 

5 States, 26,502. 

6 (3) For the Air Force Reserve, 9,909. 

7 (4) For the Air National Guard of the United 

8 States, 22,553. 

9 SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

13 provided in section 10217(c)(2) of title 10, United 

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2008, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600. 

19 (B) For the Air National Guard of the 

20 United States, 350. 

21 (2) ARMY RESERVE.—The number of non-dual 

22 status technicians employed by the Army Reserve as 

23 of September 30, 2008, may not exceed 595. 

24 (3) AIR FORCE RESERVE.—The number of non25 dual status technicians employed by the Air Force 


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1 Reserve as of September 30, 2008, may not exceed 

2 90. 

3 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

4 this section, the term ‘‘non-dual status technician’’ has the 

5 meaning given that term in section 10217(a) of title 10, 

6 United States Code. 

7 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2008, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 


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1 SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING 

2 FOR CERTAIN RESERVE COMPONENT PER3 SONNEL AUTHORIZED TO BE ON ACTIVE 

4 DUTY OR FULL-TIME NATIONAL GUARD DUTY 

5 TO PROVIDE OPERATIONAL SUPPORT. 

6 (a) REVIEW OF OPERATIONAL SUPPORT MISSIONS

7 PERFORMED BY CERTAIN RESERVE COMPONENT PER8 SONNEL.— 

9 (1) REVIEW REQUIRED.—The Secretary of De10 fense shall conduct a review of the long-term oper11 ational support missions performed by members of 

12 the reserve components authorized under section 

13 115(b) of title 10, United States Code, to be on ac14 tive duty or full-time National Guard duty for the 

15 purpose of providing operational support, with the 

16 objectives of such review being— 

17 (A) minimizing the number of reserve com18 ponent members who perform such service for 

19 a period greater than 1,095 consecutive days, 

20 or cumulatively for 1,095 days out of the pre21 vious 1,460 days; and 

22 (B) determining which long-term oper23 ational support missions being performed by 

24 such members would more appropriately be per25 formed by members of the Armed Forces on ac26 tive duty under other provisions of title 10, 


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1 United States Code, or by full-time support per2 sonnel of reserve components. 

3 (2) SUBMISSION OF RESULTS.—Not later than 

4 March 1, 2008, the Secretary shall submit to Con5 gress the results of the review, including a descrip6 tion of the adjustments in Department of Defense 

7 policy to be implemented as a result of the review 

8 and such recommendations for changes in statute, as 

9 the Secretary considers to be appropriate. 

10 (b) IMPROVED ACCOUNTING FOR RESERVE COMPO11 NENT PERSONNEL PROVIDING OPERATIONAL SUP12 PORT.—Section 115(b) of title 10, United States Code, is 

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(4) As part of the budget justification materials sub16 mitted by the Secretary of Defense to Congress in support 

17 of the end strength authorizations required under sub18 paragraphs (A) and (B) of subsection (a)(1) for fiscal year 

19 2009 and each fiscal year thereafter, the Secretary shall 

20 provide the following: 

21 ‘‘(A) The number of members, specified by re22 serve component, authorized under subparagraphs 

23 (A) and (B) of paragraph (1) who were serving on 

24 active duty or full-time National Guard duty for 

25 operational support beyond each of the limits speciVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 fied under subparagraphs (A) and (B) of paragraph 

2 (2) at the end of the fiscal year preceding the fiscal 

3 year for which the budget justification materials are 

4 submitted. 

5 ‘‘(B) The number of members, specified by re6 serve component, on active duty for operational sup7 port who, at the end of the fiscal year for which the 

8 budget justification materials are submitted, are 

9 projected to be serving on active duty or full-time 

10 National Guard duty for operational support beyond 

11 such limits. 

12 ‘‘(C) The number of members, specified by re13 serve component, on active duty or full-time Na14 tional Guard duty for operational support who are 

15 included in, and counted against, the end strength 

16 authorizations requested under subparagraphs (A) 

17 and (B) of subsection (a)(1). 

18 ‘‘(D) A summary of the missions being per19 formed by members identified under subparagraphs 

20 (A) and (B).’’. 

21 SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SE22 LECTED RESERVE END STRENGTHS. 

23 Section 115(f)(3) of title 10, United States Code, is 

24 amended by striking ‘‘2 percent’’ and inserting ‘‘3 per25 cent’’. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated to the 

5 Department of Defense for military personnel for fiscal 

6 year 2008 a total of $117,091,420,000. The authorization 

7 in the preceding sentence supersedes any other authoriza8 tion of appropriations (definite or indefinite) for such pur9 pose for fiscal year 2008. 

10 TITLE V—MILITARY PERSONNEL 

11 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. 


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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. 


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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. 

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 


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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. 

1 Subtitle A—Officer Personnel 

2 Policy 

3 SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED PO4 SITIONS OF IMPORTANCE AND RESPONSI5 BILITY. 

6 (a) CONTINUATION IN GRADE WHILE AWAITING OR7 DERS.—Section 601(b) of title 10, United States Code, 

8 is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (3); 

11 (2) by redesignating paragraph (4) as para12 graph (5); and 

13 (3) by inserting after paragraph (3) the fol14 lowing new paragraph (4): 

15 ‘‘(4) at the discretion of the Secretary of De16 fense, while the officer is awaiting orders after being 


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1 relieved from the position designated under sub2 section (a) or by law to carry one of those grades, 

3 but not for more than 60 days beginning on the day 

4 the officer is relieved from the position, unless, dur5 ing such period, the officer is placed under orders to 

6 another position designated under subsection (a) or 

7 by law to carry one of those grades, in which case 

8 paragraph (2) will also apply to the officer; and’’. 

9 (b) CONFORMING AMENDMENT REGARDING GEN10 ERAL AND FLAG OFFICER CEILINGS.—Section 525(e) of 

11 such title is amended by striking paragraph (2) and insert12 ing the following new paragraph: 

13 ‘‘(2) At the discretion of the Secretary of De14 fense, an officer of that armed force who has been 

15 relieved from a position designated under section 

16 601(a) of this title or by law to carry one of the 

17 grades specified in such section, but only during the 

18 60-day period beginning on the date on which the 

19 assignment of the officer to the first position is ter20 minated or until the officer is assigned to a second 

21 such position, whichever occurs first.’’. 


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1 SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL 

2 AND FLAG OFFICERS TO SERVE ON ACTIVE 

3 DUTY. 

4 Section 526(d) of title 10, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘The limitations’’; 

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) The limitations of this section also do not apply 

11 to a number, as specified by the Secretary of the military 

12 department concerned, of reserve component general or 

13 flag officers authorized to serve on active duty for a period 

14 of not more than 365 days. The number so specified for 

15 an armed force may not exceed the number equal to 10 

16 percent of the authorized number of general or flag offi17 cers, as the case may be, of that armed force under section 

18 12004 of this title. In determining such number, any frac19 tion shall be rounded down to the next whole number, ex20 cept that such number shall be at least one.’’. 

21 SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE 

22 THRESHOLD FOR DISCHARGE OF PROBA23 TIONARY OFFICERS AND FOR USE OF FORCE 

24 SHAPING AUTHORITY. 

25 (a) ACTIVE-DUTY LIST OFFICERS.— 


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1 (1) EXTENDED PROBATIONARY PERIOD.—Para2 graph (1)(A) of section 630 of title 10, United 

3 States Code, is amended by striking ‘‘five years’’ 

4 and inserting ‘‘six years’’. 

5 (2) SECTION HEADING.—The heading of such 

6 section is amended by striking ‘‘five years’’ and 

7 inserting ‘‘six years’’. 

8 (3) TABLE OF SECTIONS.—The item relating to 

9 such section in the table of sections at the beginning 

10 of subchapter III of chapter 36 of such title is 

11 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).’’. 

12 (b) OFFICER FORCE SHAPING AUTHORITY.—Section 

13 647(b)(1) of such title is amended by striking ‘‘5 years’’ 

14 both places it appears and inserting ‘‘six years’’. 

15 (c) RESERVE OFFICERS.— 

16 (1) EXTENDED PROBATIONARY PERIOD.—Sub17 section (a)(1) of section 14503 of such title is 

18 amended by striking ‘‘five years’’ and inserting ‘‘six 

19 years’’. 

20 (2) SECTION HEADING.—The heading of such 

21 section is amended by striking ‘‘five years’’ and 

22 inserting ‘‘six years’’. 

23 (3) TABLE OF SECTIONS.—The item relating to 

24 such section in the table of sections at the beginning 


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1 of chapter 1407 of such title is amended to read as 

2 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).’’. 

3 SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE4 DUTY GENERAL AND FLAG OFFICERS CON5 TINUED ON ACTIVE DUTY. 

6 Section 637(b)(3) of title 10, United States Code, is 

7 amended by striking ‘‘but such period may not (except as 

8 provided under section 1251(b) of this title) extend beyond 

9 the date of the officer’s sixty-second birthday’’ and insert10 ing ‘‘except as provided under section 1251 or 1253 of 

11 this title’’. 

12 SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE 

13 OBLIGATION FOR INITIAL APPOINTMENTS OF 

14 OFFICERS IN CRITICALLY SHORT HEALTH 

15 PROFESSIONAL SPECIALTIES. 

16 Section 651 of title 10, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c)(1) For the armed forces under the jurisdiction 

20 of the Secretary of Defense, the Secretary may waive the 

21 initial period of required service otherwise established pur22 suant to subsection (a) in the case of the initial appoint23 ment of a commissioned officer in a critically short health 


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1 professional specialty specified by the Secretary for pur2 poses of this subsection. 

3 ‘‘(2) The minimum period of obligated service for an 

4 officer under a waiver under this subsection shall be the 

5 greater of— 

6 ‘‘(A) two years; or 

7 ‘‘(B) in the case of an officer who has accepted 

8 an accession bonus or executed a contract or agree9 ment for the multiyear receipt of special pay for 

10 service in the armed forces, the period of obligated 

11 service specified in such contract or agreement.’’. 

12 SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT 

13 OF OFFICERS IN THEIR FORMER ENLISTED 

14 GRADE. 

15 (a) REGULAR ARMY.—Section 3258 of title 10, 

16 United States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘a Reserve officer’’ and in19 serting ‘‘an officer’’; and 

20 (B) by striking ‘‘a temporary appoint21 ment’’ and inserting ‘‘an appointment’’; and 

22 (2) in subsection (b)— 

23 (A) in paragraph (1), by striking ‘‘a Re24 serve officer’’ and inserting ‘‘an officer’’; and 


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1 (B) in paragraph (2), by striking ‘‘the Re2 serve commission’’ and inserting ‘‘the commis3 sion’’. 

4 (b) REGULAR AIR FORCE.—Section 8258 of such 

5 title is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘a reserve officer’’ and in8 serting ‘‘an officer’’; and 

9 (B) by striking ‘‘a temporary appoint10 ment’’ and inserting ‘‘an appointment’’; and 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by striking ‘‘a Re13 serve officer’’ and inserting ‘‘an officer’’; and 

14 (B) in paragraph (2), by striking ‘‘the Re15 serve commission’’ and inserting ‘‘the commis16 sion’’. 

17 SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMA18 NENT PROFESSORS AT THE UNITED STATES 

19 MILITARY ACADEMY. 

20 Paragraph (4) of section 4331(b) of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(4) Twenty-eight permanent professors.’’. 

23 SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS 

24 OF THE NAVY. 

25 (a) PROMOTION.— 


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1 (1) IN GENERAL.—Chapter 603 of title 10, 

2 United States Code, is amended— 

3 (A) by redesignating section 6970 as sec4 tion 6970a; and 

5 (B) by inserting after section 6969 the fol6 lowing new section 6970: 

7 ‘‘§ 6970. Permanent professors: promotion 

8 ‘‘(a) PROMOTION.—An officer serving as a perma9 nent professor may be recommended for promotion to the 

10 grade of captain or colonel, as the case may be, under reg11 ulations prescribed by the Secretary of the Navy. The reg12 ulations shall include a competitive selection board process 

13 to identify those permanent professors best qualified for 

14 promotion. An officer so recommended shall be promoted 

15 by appointment to the higher grade by the President, by 

16 and with the advice and consent of the Senate. 

17 ‘‘(b) EFFECTIVE DATE OF PROMOTION.—If made, 

18 the promotion of an officer under subsection (a) shall be 

19 effective not earlier than three years after the selection 

20 of the officer as a permanent professor as described in 

21 that subsection.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by striking the item relating to section 6970 and in25 serting the following new items: 

‘‘6970. Permanent professors: promotion. 


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‘‘6970a. Permanent professors: retirement for years of service; authority for deferral.’’. 

1 (b) CONFORMING AMENDMENTS.—Section 641(2) of 

2 such title is amended— 

3 (1) by striking ‘‘and the registrar’’ and insert4 ing ‘‘, the registrar’’; and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘, and permanent professors of the Navy 

7 (as defined in regulations prescribed by the Sec8 retary of the Navy)’’. 

9 (c) COMPETITIVE SELECTION ASSESSMENT.—The 

10 Secretary of Defense shall conduct an assessment of the 

11 effectiveness of the promotion system established under 

12 section 6970 of title 10, United States Code, as added by 

13 subsection (a), for permanent professors of the United 

14 States Naval Academy, including an evaluation of the ex15 tent to which the implementation of the promotion system 

16 has resulted in a competitive environment for the selection 

17 of permanent professors and an evaluation of whether the 

18 goals of the permanent professor program have been 

19 achieved, including adequate career progression and pro20 motion opportunities for participating officers. Not later 

21 than December 31, 2009, the Secretary shall submit to 

22 the congressional defense committees a report containing 

23 the results of the assessment. 


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1 (d) USE OF EXCLUSIONS FROM AUTHORIZED OFFI2 CER STRENGTHS.—Not later than March 31, 2008, the 

3 Secretary of the Navy shall submit to the congressional 

4 defense committees a report describing the plans of the 

5 Secretary for utilization of authorized exemptions under 

6 section 523(b)(8) of title 10, United States Code, and a 

7 discussion of the Navy’s requirement, if any, and projec8 tions for use of additional exemptions by grade. 

9 Subtitle B—Reserve Component 

10 Management 

11 SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO 

12 LOSE DUAL STATUS IN THE SELECTED RE13 SERVE DUE TO COMBAT-RELATED DIS14 ABILITY. 

15 Section 10216 of title 10, United States Code, is 

16 amended by inserting after subsection (f) the following 

17 new subsection: 

18 ‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO

19 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS20 ABILITY.—(1) Notwithstanding subsection (d) of this sec21 tion or subsections (a)(3) and (b) of section 10218 of this 

22 title, if a military technician (dual status) loses such dual 

23 status as the result of a combat-related disability (as de24 fined in section 1413a of this title), the person may be 

25 retained as a non-dual status technician so long as— 


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1 ‘‘(A) the combat-related disability does not pre2 vent the person from performing the non-dual status 

3 functions or position; and 

4 ‘‘(B) the person, while a non-dual status techni5 cian, is not disqualified from performing the non6 dual status functions or position because of perform7 ance, medical, or other reasons. 

8 ‘‘(2) A person so retained shall be removed not later 

9 than 30 days after becoming eligible for an unreduced an10 nuity and becoming 60 years of age. 

11 ‘‘(3) Persons retained under the authority of this sub12 section do not count against the limitations of section 

13 10217(c) of this title.’’. 

14 SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGI15 NAL APPOINTMENT OF RESERVE OFFICERS 

16 IN CERTAIN HEALTH CARE PROFESSIONS. 

17 (a) INCLUSION OF ADDITIONAL HEALTH CARE PRO18 FESSIONS.—Paragraph (2) of section 12207(b) of title 10, 

19 United States Code, is amended to read as follows: 

20 ‘‘(2)(A) If the Secretary of Defense determines that 

21 the number of officers in a health profession described in 

22 subparagraph (B) who are serving in an active status in 

23 a reserve component of the Army, Navy, or Air Force in 

24 grades below major or lieutenant commander is critically 

25 below the number needed in such health profession by 


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1 such reserve component in such grades, the Secretary of 

2 Defense may authorize the Secretary of the military de3 partment concerned to credit any person who is receiving 

4 an original appointment as an officer for service in such 

5 health profession with a period of constructive credit in 

6 such amount (in addition to any amount credited such 

7 person under paragraph (1)) as will result in the grade 

8 of such person being that of captain or, in the case of 

9 the Navy Reserve, lieutenant. 

10 ‘‘(B) The types of health professions referred to in 

11 subparagraph (A) include the following: 

12 ‘‘(i) Any health profession performed by officers 

13 in the Medical Corps of the Army or the Navy or by 

14 officers of the Air Force designated as a medical of15 ficer. 

16 ‘‘(ii) Any health profession performed by offi17 cers in the Dental Corps of the Army or the Navy 

18 or by officers of the Air Force designated as a den19 tal officer. 

20 ‘‘(iii) Any health profession performed by offi21 cers in the Medical Service Corps of the Army or the 

22 Navy or by officers of the Air Force designated as 

23 a medical service officer or biomedical sciences offi24 cer. 


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1 ‘‘(iv) Any health profession performed by offi2 cers in the Army Medical Specialist Corps. 

3 ‘‘(v) Any health profession performed by offi4 cers of the Nurse Corps of the Army or the Navy 

5 or by officers of the Air Force designated as a 

6 nurse. 

7 ‘‘(vi) Any health profession performed by offi8 cers in the Veterinary Corps of the Army or by offi9 cers designated as a veterinary officer.’’. 

10 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

11 such section is amended by striking ‘‘a medical or dental 

12 officer’’ and inserting ‘‘officers covered by paragraph (2)’’. 

13 SEC. 513. MANDATORY SEPARATION OF RESERVE OFFI14 CERS IN THE GRADE OF LIEUTENANT GEN15 ERAL OR VICE ADMIRAL AFTER COMPLETION 

16 OF 38 YEARS OF COMMISSIONED SERVICE. 

17 (a) MANDATORY SEPARATION.—Section 14508 of 

18 title 10, United States Code, is amended— 

19 (1) by redesignating subsections (c), (d), and 

20 (e) as subsections (e), (f), and (g), respectively; and 

21 (2) by inserting after subsection (b) the fol22 lowing new subsection (c): 

23 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU24 TENANT GENERALS AND VICE ADMIRALS.—Unless re25 tired, transferred to the Retired Reserve, or discharged 


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1 at an earlier date, each reserve officer of the Army, Air 

2 Force, or Marine Corps in the grade of lieutenant general 

3 and each reserve officer of the Navy in the grade of vice 

4 admiral shall be separated in accordance with section 

5 14514 of this title on the later of the following: 

6 ‘‘(1) 30 days after completion of 38 years of 

7 commissioned service. 

8 ‘‘(2) The fifth anniversary of the date of the of9 ficer’s appointment in the grade of lieutenant gen10 eral or vice admiral.’’. 

11 (b) CLERICAL AMENDMENTS.—Such section is fur12 ther amended— 

13 (1) in subsection (a), by inserting ‘‘FOR BRIGA14 DIER GENERALS AND REAR ADMIRALS (LOWER

15 HALF)’’ after ‘‘GRADE’’ in the subsection heading; 

16 and 

17 (2) in subsection (b), by inserting ‘‘FOR MAJOR

18 GENERALS AND REAR ADMIRALS’’ after ‘‘GRADE’’ 

19 in the subsection heading. 


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1 SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL 

2 RECOGNITION OF PERSON AS ARMY NA3 TIONAL GUARD OFFICER OR AIR NATIONAL 

4 GUARD OFFICER. 

5 Section 308(a) of title 32, United States Code, is 

6 amended in the last sentence by striking ‘‘six months’’ and 

7 inserting ‘‘one year’’. 

8 SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE 

9 COMPONENTS OF DEPLOYMENT IN SUPPORT 

10 OF CONTINGENCY OPERATIONS. 

11 (a) ADVANCE NOTICE REQUIRED.—The Secretary of 

12 a military department shall ensure that a member of a 

13 reserve component under the jurisdiction of that Secretary 

14 who will be called or ordered to active duty for a period 

15 of more than 30 days in support of a contingency oper16 ation (as defined in section 101(a)(13) of title 10, United 

17 States Code) receives notice in advance of the mobilization 

18 date. In so far as is practicable, the notice shall be pro19 vided not less than 30 days before the mobilization date, 

20 but with a goal of 90 days before the mobilization date. 

21 (b) REDUCTION OR WAIVER OF NOTICE REQUIRE22 MENT.—The Secretary of Defense may waive the require23 ment of subsection (a), or authorize shorter notice than 

24 the minimum specified in such subsection, during a war 

25 or national emergency declared by the President or Con26 gress or to meet mission requirements. If the waiver or 


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1 reduction is made on account of mission requirements, the 

2 Secretary shall submit to Congress a report detailing the 

3 reasons for the waiver or reduction and the mission re4 quirements at issue. 

5 SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICEN6 SURE AND CERTIFICATION REQUIREMENTS 

7 FOR RESERVE COMPONENT MEMBERS ON 

8 LONG-TERM ACTIVE DUTY. 

9 (a) STUDY.—The Comptroller General of the United 

10 States shall conduct a study of the requirements to main11 tain licensure or certification by members of the National 

12 Guard or other reserve components of the Armed Forces 

13 while on active duty for an extended period of time. 

14 (b) ELEMENTS OF STUDY.—In the study, the Comp15 troller General shall— 

16 (1) identify the number and type of professional 

17 or other licensure or certification requirements that 

18 may be adversely impacted by extended periods of 

19 active duty; and 

20 (2) determine mechanisms that would provide 

21 relief from professional or other licensure or certifi22 cation requirements for members of the reserve com23 ponents while on active duty for an extended period 

24 of time. 


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1 (c) REPORT.—Not later than 120 days after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to the Committees on Armed Services of the Sen4 ate and House of Representative a report containing the 

5 results of the study and such recommendations as the 

6 Comptroller General considers appropriate to provide fur7 ther relief for members of the reserve components from 

8 professional or other licensure or certification require9 ments while on active duty for an extended period of time. 

10 Subtitle C—Education and 

11 Training 

12 SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR 

13 OFF-DUTY TRAINING OR EDUCATION. 

14 (a) INCLUSION OF COAST GUARD.—Subsection (a) of 

15 section 2007 of title 10, United States Code, is amended 

16 by striking ‘‘Subject to subsection (b), the Secretary of 

17 a military department’’ and inserting ‘‘Subject to sub18 sections (b) and (c), the Secretary concerned’’. 

19 (b) COMMISSIONED OFFICERS ON ACTIVE DUTY.— 

20 Subsection (b) of such section is amended— 

21 (1) in paragraph (1)— 

22 (A) by inserting after ‘‘commissioned offi23 cer on active duty’’ the following: ‘‘(other than 

24 a member of the Ready Reserve)’’; 


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1 (B) by striking ‘‘the Secretary of the mili2 tary department concerned’’ and inserting ‘‘the 

3 Secretary concerned’’; and 

4 (C) by striking ‘‘or full-time National 

5 Guard duty’’ both places it appears; and 

6 (2) in paragraph (2)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘the Secretary of the military 

9 department’’ and inserting ‘‘the Secretary con10 cerned’’; 

11 (B) in subparagraph (B), by inserting 

12 after ‘‘active duty service’’ the following: ‘‘for 

13 which the officer was ordered to active duty’’; 

14 and 

15 (C) in subparagraph (C), by striking ‘‘Sec16 retary’’ and inserting ‘‘Secretary concerned’’. 

17 (c) AUTHORITY TO PAY TUITION ASSISTANCE TO

18 MEMBERS OF THE READY RESERVE.— 

19 (1) AVAILABILITY OF ASSISTANCE.—Subsection 

20 (c) of such section is amended to read as follows: 

21 ‘‘(c)(1) Subject to paragraphs (3) and (5), the Sec22 retary concerned may pay the charges of an educational 

23 institution for the tuition or expenses described in sub24 section (a) of a member of the Selected Reserve. 


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1 ‘‘(2) Subject to paragraphs (4) and (5), the Secretary 

2 concerned may pay the charges of an educational institu3 tion for the tuition or expenses described in subsection (a) 

4 of a member of the Individual Ready Reserve who has a 

5 military occupational specialty designated by the Secretary 

6 concerned for purposes of this subsection. 

7 ‘‘(3) The Secretary concerned may not pay charges 

8 under paragraph (1) for tuition or expenses of an officer 

9 of the Selected Reserve unless the officer enters into an 

10 agreement to remain a member of the Selected Reserve 

11 for at least 4 years after completion of the education or 

12 training for which the charges are paid. 

13 ‘‘(4) The Secretary concerned may not pay charges 

14 under paragraph (2) for tuition or expenses of an officer 

15 of the Individual Ready Reserve unless the officer enters 

16 into an agreement to remain in the Selected Reserve or 

17 Individual Ready Reserve for at least 4 years after comple18 tion of the education or training for which the charges 

19 are paid. 

20 ‘‘(5) The Secretary of a military department may re21 quire an enlisted member of the Selected Reserve or Indi22 vidual Ready Reserve to enter into an agreement to serve 

23 for up to 4 years in the Selected Reserve or Individual 

24 Ready Reserve, as the case may be, after completion of 


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1 the education or training for which tuition or expenses are 

2 paid under paragraph (1) or (2), as applicable.’’. 

3 (2) REPEAL OF SUPERSEDED PROVISION.— 

4 Such section is further amended— 

5 (A) by striking subsection (d); and 

6 (B) by redesignating subsections (e) and 

7 (f) as subsections (d) and (e), respectively. 

8 (3) REPAYMENT OF UNEARNED BENEFIT.— 

9 Subsection (e) of such section, as redesignated by 

10 paragraph (2) of this subsection, is amended— 

11 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) If a member of the Ready Reserve who enters 

15 into an agreement under subsection (c) does not complete 

16 the period of service specified in the agreement, the mem17 ber shall be subject to the repayment provisions of section 

18 303a(e) of title 37.’’. 

19 (d) REGULATIONS.—Such section is further amended 

20 by adding at the end the following new subsection: 

21 ‘‘(f) This section shall be administered under regula22 tions prescribed by the Secretary of Defense or, with re23 spect to the Coast Guard when it is not operating as a 

24 service in the Navy, the Secretary of Homeland Security.’’. 

25 (e) STUDY.— 


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1 (1) STUDY REQUIRED.—The Secretary of De2 fense shall carry out a study on the tuition assist3 ance program carried out under section 2007 of title 

4 10, United States Code. The study shall— 

5 (A) identify the number of members of the 

6 Armed Forces eligible for assistance under the 

7 program, and the number who actually receive 

8 the assistance; 

9 (B) assess the extent to which the program 

10 affects retention rates; and 

11 (C) assess the extent to which State tuition 

12 assistance programs affect retention rates in 

13 those States. 

14 (2) REPORT.—Not later than 9 months after 

15 the date of the enactment of this Act, the Secretary 

16 shall submit to the Committee on Armed Services of 

17 the Senate and the Committee on Armed Services of 

18 the House of Representatives a report containing the 

19 results of the study. 


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1 SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLI2 GATION IN AN ARMY RESERVE OR ARMY NA3 TIONAL GUARD TROOP PROGRAM UNIT FOR 

4 CERTAIN PERSONS SELECTED AS MEDICAL 

5 STUDENTS AT UNIFORMED SERVICES UNI6 VERSITY OF THE HEALTH SCIENCES. 

7 Paragraph (3) of section 2107a(b) of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(3)(A) Subject to subparagraph (C), in the case of 

10 a person described in subparagraph (B), the Secretary 

11 may, at any time and with the consent of the person, mod12 ify an agreement described in paragraph (1)(F) submitted 

13 by the person for the purpose of reducing or eliminating 

14 the troop program unit service obligation specified in the 

15 agreement and to establish, in lieu of that obligation, an 

16 active duty service obligation. 

17 ‘‘(B) Subparagraph (A) applies with respect to the 

18 following persons: 

19 ‘‘(i) A cadet under this section at a military 

20 junior college. 

21 ‘‘(ii) A cadet or former cadet under this section 

22 who is selected under section 2114 of this title to be 

23 a medical student at the Uniformed Services Univer24 sity of the Health Sciences. 

25 ‘‘(iii) A cadet or former cadet under this section 

26 who signs an agreement under section 2122 of this 


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1 title for participation in the Armed Forces Health 

2 Professions Scholarship and Financial Assistance 

3 program. 

4 ‘‘(C) The modification of an agreement described in 

5 paragraph (1)(F) may be made only if the Secretary deter6 mines that it is in the best interests of the United States 

7 to do so.’’. 

8 SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC 

9 SCHOLARSHIPS UNDER ARMY RESERVE AND 

10 ARMY NATIONAL GUARD FINANCIAL ASSIST11 ANCE PROGRAM. 

12 Section 2107a(h) of title 10, United States Code, is 

13 amended by striking ‘‘not more than 416 cadets each year 

14 under this section, to include’’ and inserting ‘‘each year 

15 under this section’’. 

16 SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEM17 BERS IN UNIFORMED MEDICAL ACCESSION 

18 PROGRAMS. 

19 (a) MEDICAL STUDENTS OF USUHS.— 

20 (1) TREATMENT OF STUDENTS WITH PRIOR AC21 TIVE SERVICE.—Section 2114 of title 10, United 

22 States Code, is amended— 

23 (A) by redesignating subsections (c) 

24 through (h) as subsections (d) through (i), re25 spectively; and 


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•HR 4986 CPH 

1 (B) in subsection (b)— 

2 (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

3 (ii) by inserting after the second sen4 tence the following new paragraph: 

5 ‘‘(2) If a member of the uniformed services selected 

6 to be a student has prior active service in a pay grade 

7 and with years of service credited for pay that would enti8 tle the member, if the member remained in the former 

9 grade, to a rate of basic pay in excess of the rate of basic 

10 pay for regular officers in the grade of second lieutenant 

11 or ensign, the member shall be paid basic pay based on 

12 the former grade and years of service credited for pay. 

13 The amount of such basic pay for the member shall be 

14 increased on January 1 of each year by the percentage 

15 by which basic pay is increased on average on that date 

16 for that year, and the member shall continue to receive 

17 basic pay based on the former grade and years of service 

18 until the date, whether occurring before or after gradua19 tion, on which the basic pay for the member in the mem20 ber’s actual grade and years of service credited for pay 

21 exceeds the amount of basic pay to which the member is 

22 entitled based on the member’s former grade and years 

23 of service.’’. 

24 (2) CONFORMING AMENDMENTS.—Such section 

25 is further amended— 


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1 (A) in subsection (b), by striking ‘‘Upon 

2 graduation they’’ and inserting the following: 

3 ‘‘(c) Medical students who graduate’’; and 

4 (B) in subsection (i), as redesignated by 

5 paragraph (1), by striking ‘‘subsection (b)’’ and 

6 inserting ‘‘subsection (c)’’. 

7 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL8 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

9 2121(c) of such title is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) If a member of the uniformed services selected 

14 to participate in the program as a medical student has 

15 prior active service in a pay grade and with years of serv16 ice credited for pay that would entitle the member, if the 

17 member remained in the former grade, to a rate of basic 

18 pay in excess of the rate of basic pay for regular officers 

19 in the grade of second lieutenant or ensign, the member 

20 shall be paid basic pay based on the former grade and 

21 years of service credited for pay. The amount of such basic 

22 pay for the member shall be increased on January 1 of 

23 each year by the percentage by which basic pay is in24 creased on average on that date for that year, and the 

25 member shall continue to receive basic pay based on the 


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1 former grade and years of service until the date, whether 

2 occurring before or after the conclusion of such participa3 tion, on which the basic pay for the member in the mem4 ber’s actual grade and years of service credited for pay 

5 exceeds the amount of basic pay to which the member is 

6 entitled based on the member’s former grade and years 

7 of service.’’. 

8 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

9 SCHOOLS.— 

10 (1) APPOINTMENT AND TREATMENT OF PRIOR

11 ACTIVE SERVICE.—Section 2004a of such title is 

12 amended— 

13 (A) by redesignating subsections (e) 

14 through (h) as subsections (f) through (i), re15 spectively; and 

16 (B) by inserting after subsection (d) the 

17 following new subsection: 

18 ‘‘(e) APPOINTMENT AND TREATMENT OF PRIOR AC19 TIVE SERVICE.—(1) A commissioned officer detailed as a 

20 student at a medical school under subsection (a) shall be 

21 appointed as a regular officer in the grade of second lieu22 tenant or ensign and shall serve on active duty in that 

23 grade with full pay and allowances of that grade. 

24 ‘‘(2) If an officer detailed to be a medical student 

25 has prior active service in a pay grade and with years of 


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1 service credited for pay that would entitle the officer, if 

2 the officer remained in the former grade, to a rate of basic 

3 pay in excess of the rate of basic pay for regular officers 

4 in the grade of second lieutenant or ensign, the officer 

5 shall be paid basic pay based on the former grade and 

6 years of service credited for pay. The amount of such basic 

7 pay for the officer shall be increased on January 1 of each 

8 year by the percentage by which basic pay is increased 

9 on average on that date for that year, and the officer shall 

10 continue to receive basic pay based on the former grade 

11 and years of service until the date, whether occurring be12 fore or after graduation, on which the basic pay for the 

13 officer in the officer’s actual grade and years of service 

14 credited for pay exceeds the amount of basic pay to which 

15 the officer is entitled based on the officer’s former grade 

16 and years of service.’’. 

17 (2) TECHNICAL AMENDMENT.—Subsection (c) 

18 of such section is amended by striking ‘‘subsection 

19 (c)’’ and inserting ‘‘subsection (b)’’. 

20 SEC. 525. REPEAL OF POST-2007–2008 ACADEMIC YEAR PRO21 HIBITION ON PHASED INCREASE IN CADET 

22 STRENGTH LIMIT AT THE UNITED STATES 

23 MILITARY ACADEMY. 

24 Section 4342(j)(1) of title 10, United States Code, 

25 is amended by striking the last sentence. 


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1 SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER’S DE2 GREE PROGRAMS. 

3 (a) MASTER OF ARTS PROGRAM AUTHORIZED.—Sec4 tion 2163 of title 10, United States Code, is amended— 

5 (1) in subsection (a), by inserting ‘‘or master of 

6 arts’’ after ‘‘master of science’’; and 

7 (2) in subsection (b), by adding at the end the 

8 following new paragraph: 

9 ‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY

10 STUDIES.—The degree of master of arts in strategic 

11 security studies, to graduates of the University who 

12 fulfill the requirements of the program at the School 

13 for National Security Executive Education.’’. 

14 (b) CLERICAL AMENDMENTS.— 

15 (1) SECTION HEADING.—The heading of such 

16 section is amended to read as follows: 

17 ‘‘§ 2163. National Defense University: master’s degree 

18 programs’’. 

19 (2) TABLE OF CONTENTS.—The table of sec20 tions at the beginning of chapter 108 of such title 

21 is amended by striking the item relating to section 

22 2163 and inserting the following new item: 

‘‘2163. National Defense University: master’s degree programs.’’. 

23 (c) APPLICABILITY TO 2006–2007 GRADUATES.— 

24 Paragraph (4) of section 2163(b) of title 10, United 

25 States Code, as added by subsection (a) of this section, 


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1 applies with respect to any person who becomes a graduate 

2 of the National Defense University on or after September 

3 6, 2006, and fulfills the requirements of the program re4 ferred to in such paragraph (4). 

5 SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER 

6 DEGREE OF MASTER OF SCIENCE IN FLIGHT 

7 TEST ENGINEERING. 

8 Section 9317(a) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (4) as para11 graph (5); and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph: 

14 ‘‘(4) The degree of master of science in flight 

15 test engineering upon graduates of the Air Force 

16 Test Pilot School who fulfill the requirements for 

17 that degree in a manner consistent with the rec18 ommendations of the Department of Education and 

19 the principles of the regional accrediting body for 

20 the Air University.’’. 

21 SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR 

22 CERTAIN MEMBERS OF RESERVE COMPO23 NENTS. 

24 (a) ACCELERATED PAYMENT OF EDUCATIONAL AS25 SISTANCE FOR MEMBERS OF THE SELECTED RESERVE.— 


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1 (1) IN GENERAL.—Chapter 1606 of title 10, 

2 United States Code, is amended by inserting after 

3 section 16131 the following new section: 

4 ‘‘§ 16131a. Accelerated payment of educational assist5 ance 

6 ‘‘(a) The educational assistance allowance payable 

7 under section 16131 of this title with respect to an eligible 

8 person described in subsection (b) may, upon the election 

9 of such eligible person, be paid on an accelerated basis 

10 in accordance with this section. 

11 ‘‘(b) An eligible person described in this subsection 

12 is a person entitled to educational assistance under this 

13 chapter who is— 

14 ‘‘(1) enrolled in an approved program of edu15 cation not exceeding two years in duration and not 

16 leading to an associate, bachelors, masters, or other 

17 degree, subject to subsection (g); and 

18 ‘‘(2) charged tuition and fees for the program 

19 of education that, when divided by the number of 

20 months (and fractions thereof) in the enrollment pe21 riod, exceeds the amount equal to 200 percent of the 

22 monthly rate of educational assistance allowance 

23 otherwise payable with respect to the person under 

24 section 16131 of this title. 


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1 ‘‘(c)(1) The amount of the accelerated payment of 

2 educational assistance payable with respect to an eligible 

3 person making an election under subsection (a) for a pro4 gram of education shall be the lesser of— 

5 ‘‘(A) the amount equal to 60 percent of the es6 tablished charges for the program of education; or 

7 ‘‘(B) the aggregate amount of educational as8 sistance allowance to which the person remains enti9 tled under this chapter at the time of the payment. 

10 ‘‘(2)(A) In this subsection, except as provided in sub11 paragraph (B), the term ‘established charges’, in the case 

12 of a program of education, means the actual charges (as 

13 determined pursuant to regulations prescribed by the Sec14 retary of Veterans Affairs) for tuition and fees which simi15 larly circumstanced individuals who are not eligible for 

16 benefits under this chapter and who are enrolled in the 

17 program of education would be required to pay. Estab18 lished charges shall be determined on the following basis: 

19 ‘‘(i) In the case of an individual enrolled in a 

20 program of education offered on a term, quarter, or 

21 semester basis, the tuition and fees charged the indi22 vidual for the term, quarter, or semester. 

23 ‘‘(ii) In the case of an individual enrolled in a 

24 program of education not offered on a term, quarter, 


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1 or semester basis, the tuition and fees charged the 

2 individual for the entire program of education. 

3 ‘‘(B) In this subsection, the term ‘established 

4 charges’ does not include any fees or payments attrib5 utable to the purchase of a vehicle. 

6 ‘‘(3) The educational institution providing the pro7 gram of education for which an accelerated payment of 

8 educational assistance allowance is elected by an eligible 

9 person under subsection (a) shall certify to the Secretary 

10 of Veterans Affairs the amount of the established charges 

11 for the program of education. 

12 ‘‘(d) An accelerated payment of educational assist13 ance allowance made with respect to an eligible person 

14 under this section for a program of education shall be 

15 made not later than the last day of the month immediately 

16 following the month in which the Secretary of Veterans 

17 Affairs receives a certification from the educational insti18 tution regarding— 

19 ‘‘(1) the person’s enrollment in and pursuit of 

20 the program of education; and 

21 ‘‘(2) the amount of the established charges for 

22 the program of education. 

23 ‘‘(e)(1) Except as provided in paragraph (2), for each 

24 accelerated payment of educational assistance allowance 

25 made with respect to an eligible person under this section, 


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1 the person’s entitlement to educational assistance under 

2 this chapter shall be charged the number of months (and 

3 any fraction thereof) determined by dividing the amount 

4 of the accelerated payment by the full-time monthly rate 

5 of educational assistance allowance otherwise payable with 

6 respect to the person under section 16131 of this title as 

7 of the beginning date of the enrollment period for the pro8 gram of education for which the accelerated payment is 

9 made. 

10 ‘‘(2) If the monthly rate of educational assistance al11 lowance otherwise payable with respect to an eligible per12 son under section 16131 of this title increases during the 

13 enrollment period of a program of education for which an 

14 accelerated payment of educational assistance allowance is 

15 made under this section, the charge to the person’s entitle16 ment to educational assistance under this chapter shall be 

17 determined by prorating the entitlement chargeable, in the 

18 manner provided for under paragraph (1), for the periods 

19 covered by the initial rate and increased rate, respectively, 

20 in accordance with regulations prescribed by the Secretary 

21 of Veterans Affairs. 

22 ‘‘(f) The Secretary of Veterans Affairs shall prescribe 

23 regulations to carry out this section. The regulations shall 

24 include requirements, conditions, and methods for the re25 quest, issuance, delivery, certification of receipt and use, 


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1 and recovery of overpayment of an accelerated payment 

2 of educational assistance allowance under this section. The 

3 regulations may include such elements of the regulations 

4 prescribed under section 3014A of title 38 as the Sec5 retary of Veterans Affairs considers appropriate for pur6 poses of this section. 

7 ‘‘(g) The aggregate amount of educational assistance 

8 payable under this section in any fiscal year for enroll9 ments covered by subsection (b)(1) may not exceed 

10 $4,000,000.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 1606 of such title 

13 is amended by inserting after the item relating to 

14 section 16131 the following new item: 

‘‘16131a. Accelerated payment of educational assistance.’’. 

15 (3) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall take effect on October 1, 

17 2008, and shall only apply to initial enrollments in 

18 approved programs of education after such date. 

19 (b) ACCELERATED PAYMENT OF EDUCATIONAL AS20 SISTANCE FOR RESERVE COMPONENT MEMBERS SUP21 PORTING CONTINGENCY OPERATIONS AND OTHER OPER22 ATIONS.— 

23 (1) IN GENERAL.—Chapter 1607 of title 10, 

24 United States Code, is amended by inserting after 

25 section 16162 the following new section: 


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1 ‘‘§ 16162a. Accelerated payment of educational assist2 ance 

3 ‘‘(a) PAYMENT ON ACCELERATED BASIS.—The edu4 cational assistance allowance payable under section 16162 

5 of this title with respect to an eligible member described 

6 in subsection (b) may, upon the election of such eligible 

7 member, be paid on an accelerated basis in accordance 

8 with this section. 

9 ‘‘(b) ELIGIBLE MEMBERS.—An eligible member de10 scribed in this subsection is a member of a reserve compo11 nent entitled to educational assistance under this chapter 

12 who is— 

13 ‘‘(1) enrolled in an approved program of edu14 cation not exceeding two years in duration and not 

15 leading to an associate, bachelors, masters, or other 

16 degree, subject to subsection (g); and 

17 ‘‘(2) charged tuition and fees for the program 

18 of education that, when divided by the number of 

19 months (and fractions thereof) in the enrollment pe20 riod, exceeds the amount equal to 200 percent of the 

21 monthly rate of educational assistance allowance 

22 otherwise payable with respect to the member under 

23 section 16162 of this title. 

24 ‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The 

25 amount of the accelerated payment of educational assist26 ance payable with respect to an eligible member making 


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1 an election under subsection (a) for a program of edu2 cation shall be the lesser of— 

3 ‘‘(A) the amount equal to 60 percent of the es4 tablished charges for the program of education; or 

5 ‘‘(B) the aggregate amount of educational as6 sistance allowance to which the member remains en7 titled under this chapter at the time of the payment. 

8 ‘‘(2)(A) In this subsection, except as provided in sub9 paragraph (B), the term ‘established charges’, in the case 

10 of a program of education, means the actual charges (as 

11 determined pursuant to regulations prescribed by the Sec12 retary of Veterans Affairs) for tuition and fees which simi13 larly circumstanced individuals who are not eligible for 

14 benefits under this chapter and who are enrolled in the 

15 program of education would be required to pay. Estab16 lished charges shall be determined on the following basis: 

17 ‘‘(i) In the case of an individual enrolled in a 

18 program of education offered on a term, quarter, or 

19 semester basis, the tuition and fees charged the indi20 vidual for the term, quarter, or semester. 

21 ‘‘(ii) In the case of an individual enrolled in a 

22 program of education not offered on a term, quarter, 

23 or semester basis, the tuition and fees charged the 

24 individual for the entire program of education. 


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1 ‘‘(B) In this subsection, the term ‘established 

2 charges’ does not include any fees or payments attrib3 utable to the purchase of a vehicle. 

4 ‘‘(3) The educational institution providing the pro5 gram of education for which an accelerated payment of 

6 educational assistance allowance is elected by an eligible 

7 member under subsection (a) shall certify to the Secretary 

8 of Veterans Affairs the amount of the established charges 

9 for the program of education. 

10 ‘‘(d) TIME OF PAYMENT.—An accelerated payment 

11 of educational assistance allowance made with respect to 

12 an eligible member under this section for a program of 

13 education shall be made not later than the last day of the 

14 month immediately following the month in which the Sec15 retary of Veterans Affairs receives a certification from the 

16 educational institution regarding— 

17 ‘‘(1) the member’s enrollment in and pursuit of 

18 the program of education; and 

19 ‘‘(2) the amount of the established charges for 

20 the program of education. 

21 ‘‘(e) CHARGE AGAINST ENTITLEMENT.—(1) Except 

22 as provided in paragraph (2), for each accelerated pay23 ment of educational assistance allowance made with re24 spect to an eligible member under this section, the mem25 ber’s entitlement to educational assistance under this 


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1 chapter shall be charged the number of months (and any 

2 fraction thereof) determined by dividing the amount of the 

3 accelerated payment by the full-time monthly rate of edu4 cational assistance allowance otherwise payable with re5 spect to the member under section 16162 of this title as 

6 of the beginning date of the enrollment period for the pro7 gram of education for which the accelerated payment is 

8 made. 

9 ‘‘(2) If the monthly rate of educational assistance al10 lowance otherwise payable with respect to an eligible mem11 ber under section 16162 of this title increases during the 

12 enrollment period of a program of education for which an 

13 accelerated payment of educational assistance allowance is 

14 made under this section, the charge to the member’s enti15 tlement to educational assistance under this chapter shall 

16 be determined by prorating the entitlement chargeable, in 

17 the manner provided for under paragraph (1), for the peri18 ods covered by the initial rate and increased rate, respec19 tively, in accordance with regulations prescribed by the 

20 Secretary of Veterans Affairs. 

21 ‘‘(f) REGULATIONS.—The Secretary of Veterans Af22 fairs shall prescribe regulations to carry out this section. 

23 The regulations shall include requirements, conditions, 

24 and methods for the request, issuance, delivery, certifi25 cation of receipt and use, and recovery of overpayment of 


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1 an accelerated payment of educational assistance allow2 ance under this section. The regulations may include such 

3 elements of the regulations prescribed under section 

4 3014A of title 38 as the Secretary of Veterans Affairs con5 siders appropriate for purposes of this section. 

6 ‘‘(g) LIMITATION.—The aggregate amount of edu7 cational assistance payable under this section in any fiscal 

8 year for enrollments covered by subsection (b)(1) may not 

9 exceed $3,000,000.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1607 of such title 

12 is amended by inserting after the item relating to 

13 section 16162 the following new item: 

‘‘16162a. Accelerated payment of educational assistance.’’. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect on October 1, 

16 2008, and shall only apply to initial enrollments in 

17 approved programs of education after such date. 

18 (c) ENHANCEMENT OF EDUCATIONAL ASSISTANCE

19 FOR RESERVE COMPONENT MEMBERS SUPPORTING CON20 TINGENCY OPERATIONS AND OTHER OPERATIONS.— 

21 (1) ASSISTANCE FOR THREE YEARS CUMU22 LATIVE SERVICE.—Subsection (c)(4)(C) of section 

23 16162 of title 10, United States Code, is amended 

24 by striking ‘‘for two continuous years or more.’’ and 

25 inserting ‘‘for— 


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1 ‘‘(i) two continuous years or more; or 

2 ‘‘(ii) an aggregate of three years or 

3 more.’’. 

4 (2) CONTRIBUTIONS FOR INCREASED AMOUNT

5 OF EDUCATIONAL ASSISTANCE.—Such section is fur6 ther amended by adding at the end the following 

7 new subsection: 

8 ‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT OF

9 EDUCATIONAL ASSISTANCE.—(1)(A) Any individual eligi10 ble for educational assistance under this section may con11 tribute amounts for purposes of receiving an increased 

12 amount of educational assistance as provided for in para13 graph (2). 

14 ‘‘(B) An individual covered by subparagraph (A) may 

15 make the contributions authorized by that subparagraph 

16 at any time while a member of a reserve component, but 

17 not more frequently than monthly. 

18 ‘‘(C) The total amount of the contributions made by 

19 an individual under subparagraph (A) may not exceed 

20 $600. Such contributions shall be made in multiples of 

21 $20. 

22 ‘‘(D) Contributions under this subsection shall be 

23 made to the Secretary concerned. Such Secretary shall de24 posit any amounts received as contributions under this 

25 subsection into the Treasury as miscellaneous receipts. 


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1 ‘‘(2) Effective as of the first day of the enrollment 

2 period following the enrollment period in which an indi3 vidual makes contributions under paragraph (1), the 

4 monthly amount of educational assistance allowance appli5 cable to such individual under this section shall be the 

6 monthly rate otherwise provided for under subsection (c) 

7 increased by— 

8 ‘‘(A) an amount equal to $5 for each $20 con9 tributed by such individual under paragraph (1) for 

10 an approved program of education pursued on a full11 time basis; or 

12 ‘‘(B) an appropriately reduced amount based on 

13 the amount so contributed as determined under reg14 ulations that the Secretary of Veterans Affairs shall 

15 prescribe, for an approved program of education 

16 pursued on less than a full-time basis.’’. 

17 SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO 

18 EDUCATIONAL ASSISTANCE FOR CERTAIN 

19 MEMBERS OF THE SELECTED RESERVE AF20 FECTED BY FORCE SHAPING INITIATIVES. 

21 Section 16133(b)(1)(B) of title 10, United States 

22 Code, is amended by inserting ‘‘or the period beginning 

23 on October 1, 2007, and ending on September 30, 2014,’’ 

24 after ‘‘December 31, 2001,’’. 


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1 SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSIST2 ANCE BENEFIT FOR CERTAIN MEMBERS OF 

3 RESERVE COMPONENTS AND RESUMPTION 

4 OF BENEFIT. 

5 (a) MODIFICATION OF TIME LIMIT FOR USE OF BEN6 EFIT.— 

7 (1) MODIFICATION.—Section 16164(a) of title 

8 10, United States Code, is amended by striking 

9 ‘‘this chapter while serving—’’ and all that follows 

10 and inserting ‘‘this chapter— 

11 ‘‘(1) while the member is serving— 

12 ‘‘(A) in the Selected Reserve of the Ready 

13 Reserve, in the case of a member called or or14 dered to active service while serving in the Se15 lected Reserve; or 

16 ‘‘(B) in the Ready Reserve, in the case of 

17 a member ordered to active duty while serving 

18 in the Ready Reserve (other than the Selected 

19 Reserve); and 

20 ‘‘(2) in the case of a person who separates from 

21 the Selected Reserve of the Ready Reserve after 

22 completion of a period of active service described in 

23 section 16163 of this title and completion of a serv24 ice contract under other than dishonorable condi25 tions, during the 10-year period beginning on the 


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1 date on which the person separates from the Se2 lected Reserve.’’. 

3 (2) CONFORMING AMENDMENT.—Paragraph (2) 

4 of section 16165(a) of such title is amended to read 

5 as follows: 

6 ‘‘(2) when the member separates from the 

7 Ready Reserve as provided in section 16164(a)(1) of 

8 this title, or upon completion of the period provided 

9 for in section 16164(a)(2) of this title, as applica10 ble.’’. 

11 (b) RECLAIMING BENEFIT FOR MEMBERS REEN12 TERING SERVICE.—Section 16165(b) of such title is 

13 amended by striking ‘‘of not more than 90 days’’ after 

14 ‘‘who incurs a break in service in the Selected Reserve’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect as of October 28, 2004, as 

17 if included in the enactment of the Ronald W. Reagan Na18 tional Defense Authorization Act for Fiscal Year 2005 

19 (Public Law 108–375), to which such amendments relate. 

20 SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE 

21 ADEQUACY OF THE DEGREE-GRANTING AU22 THORITIES OF CERTAIN MILITARY UNIVER23 SITIES AND EDUCATIONAL INSTITUTIONS. 

24 (a) EVALUATION REQUIRED.—The Secretary of De25 fense shall carry out an evaluation of the degree-granting 


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1 authorities provided by title 10, United States Code, to 

2 the academic institutions specified in subsection (b). The 

3 evaluation shall assess whether the current process, under 

4 which each degree conferred by each institution must have 

5 a statutory authorization, remains adequate, appropriate, 

6 and responsive enough to meet emerging military service 

7 education requirements. 

8 (b) SPECIFIED INSTITUTIONS.—The academic insti9 tutions covered by subsection (a) are the following: 

10 (1) The National Defense University. 

11 (2) The Army War College and the United 

12 States Army Command and General Staff College. 

13 (3) The United States Naval War College. 

14 (4) The United States Naval Postgraduate 

15 School. 

16 (5) Air University and the United States Air 

17 Force Institute of Technology. 

18 (6) The Marine Corps University. 

19 (c) REPORT.—Not later than April 1, 2008, the Sec20 retary shall submit to the Committee on Armed Services 

21 of the Senate and the Committee on Armed Services of 

22 the House of Representatives a report on the evaluation. 

23 The report shall include the results of the evaluation and 

24 any recommendations for changes to policy or law that 

25 the Secretary considers appropriate. 


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1 SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD 

2 AND RESERVE SENIOR RESERVE OFFICERS’

3 TRAINING CORPS FINANCIAL ASSISTANCE 

4 PROGRAM. 

5 (a) REPORT REQUIRED.—Not later than 150 days 

6 after the date of the enactment of this Act, the Secretary 

7 of the Army shall submit to the Committees on Armed 

8 Services of the Senate and the House of Representatives 

9 a report on the success of the financial assistance program 

10 of the Senior Reserve Officers’ Training Corps under sec11 tion 2107a of title 10, United States Code, in securing 

12 the appointment of second lieutenants in the Army Re13 serve and Army National Guard. The report shall include 

14 detailed information on the appointment of cadets under 

15 the financial assistance program who are enrolled in an 

16 educational institution described in subsection (b) and ad17 dress the efforts of the Secretary to increase awareness 

18 of the availability and advantages of appointment in the 

19 Senior Reserve Officers’ Training Corps at these institu20 tions and to increase the number of cadets at these institu21 tions. 

22 (b) COVERED EDUCATIONAL INSTITUTIONS.—The 

23 educational institutions referred to in subsection (a) are 

24 the following: 

25 (1) An historically Black college or university 

26 that is a part B institution, as defined in section 


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1 322(2) of the Higher Education Act of 1965 (20 

2 U.S.C. 1061(2)). 

3 (2) A minority institution, as defined in section 

4 365(3) of that Act (20 U.S.C. 1067k(3)). 

5 (3) An Hispanic-serving institution, as defined 

6 in section 502(a)(5) of that Act (20 U.S.C. 

7 1101a(a)(5)). 

8 SEC. 533. REPORT ON UTILIZATION OF TUITION ASSIST9 ANCE BY MEMBERS OF THE ARMED FORCES. 

10 (a) REPORTS REQUIRED.—Not later than April 1, 

11 2008, the Secretary of each military department shall sub12 mit to the congressional defense committees a report on 

13 the utilization of tuition assistance by members of the 

14 Armed Forces, whether in the regular components of the 

15 Armed Forces or the reserve components of the Armed 

16 Forces, under the jurisdiction of such military department 

17 during fiscal year 2007. 

18 (b) ELEMENTS.—The report with respect to a mili19 tary department under subsection (a) shall include the fol20 lowing: 

21 (1) Information on the policies of such military 

22 department for fiscal year 2007 regarding utilization 

23 of, and limits on, tuition assistance by members of 

24 the Armed Forces under the jurisdiction of such 

25 military department, including an estimate of the 


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1 number of members of the reserve components of 

2 the Armed Forces under the jurisdiction of such 

3 military department whose requests for tuition as4 sistance during that fiscal year were unfunded. 

5 (2) Information on the policies of such military 

6 department for fiscal year 2007 regarding funding 

7 of tuition assistance for each of the regular compo8 nents of the Armed Forces and each of the reserve 

9 components of the Armed Forces under the jurisdic10 tion of such military department. 

11 SEC. 534. NAVY JUNIOR RESERVE OFFICERS’ TRAINING 

12 CORPS UNIT FOR SOUTHOLD, MATTITUCK, 

13 AND GREENPORT HIGH SCHOOLS. 

14 For purposes of meeting the requirements of section 

15 2031(b) of title 10, United States Code, the Secretary of 

16 the Navy may and, to the extent the schools request, shall 

17 treat any two or more of the following schools (all in 

18 Southold, Suffolk County, New York) as a single institu19 tion: 

20 (1) Southold High School. 

21 (2) Mattituck High School. 

22 (3) Greenport High School. 


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1 SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF 

2 CERTAIN EDUCATIONAL ASSISTANCE PRO3 GRAMS FOR MEMBERS OF THE RESERVE 

4 COMPONENTS. 

5 (a) REPORT REQUIRED.—Not later than September 

6 1, 2008, the Secretary of Defense, in cooperation with the 

7 Secretary of Veterans Affairs, shall submit to the congres8 sional defense committees and the Committees on Vet9 erans Affairs of the Senate and House of Representatives 

10 a report on the feasibility and merits of transferring the 

11 administration of the educational assistance programs for 

12 members of the reserve components contained in chapters 

13 1606 and 1607 of title 10, United States Code, from the 

14 Department of Defense to the Department of Veterans Af15 fairs. 

16 (b) ELEMENTS OF REPORT.—The report shall spe17 cifically address the following: 

18 (1) A discussion of the history and purpose of 

19 the educational assistance benefits under chapters 

20 1606 and 1607 of title 10, United States Code, and 

21 the data most recently available, as of the date of 

22 the enactment of this Act, relating to the cost of 

23 providing such benefits and the projected costs of 

24 providing such benefits over the ten-year period be25 ginning on the such date. 


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1 (2) The effect of a transfer of administrative 

2 jurisdiction on the delivery of educational assistance 

3 benefits to members of the reserve components. 

4 (3) The effect of a transfer of administrative 

5 jurisdiction on Department of Defense efforts relat6 ing to recruiting, retention, and compensation, in7 cluding bonuses, special pays, and incentive pays. 

8 (4) The extent to which educational assistance 

9 benefits influence the decision of a person to join a 

10 reserve component. 

11 (5) The extent to which the educational assist12 ance benefits available under chapter 1606 of title 

13 10, United States Code, affect retention rates, in14 cluding statistics showing how many members re15 main in the reserve components in order to continue 

16 to receive education benefits under such chapter. 

17 (6) The extent to which the educational assist18 ance benefits available under chapter 1607 of title 

19 10, United States Code, affect retention rates, in20 cluding statistics showing how many members re21 main in the reserve components in order to continue 

22 to receive education benefits under such chapter. 

23 (7) The practical and budgetary issues involved 

24 in a transfer of administrative jurisdiction, including 

25 a discussion of the cost of equating the educational 


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1 assistance benefits for members of the active and re2 serve components. 

3 (8) Any recommendations of the Secretary for 

4 legislation to enhance or improve the delivery of edu5 cational assistance benefits for members of the re6 serve components. 

7 (9) The feasibility and likely effects of transfer8 ring the administration of the educational assistance 

9 programs for members of the reserve components 

10 contained in chapters 1606 and 1607 of title 10, 

11 United States Code, from the Department of De12 fense to the Department of Veterans Affairs through 

13 the recodification of such chapters in title 38, 

14 United States Code, as proposed in section 525 of 

15 H.R. 1585 of the 110th Congress, as passed by the 

16 House of Representatives, together with any rec17 ommendations of the Secretary for improving that 

18 section. 

19 (10) A discussion of the effects and impact of 

20 the amendments to chapter 1607 of title 10, United 

21 States Code, made by section 530 of this Act, relat22 ing to the extension of the time limit for the use of 

23 educational assistance benefits under that chapter. 

24 (c) REVIEWS OF REPORT.—Before submission of the 

25 report to Congress, the Secretary of Defense shall secure 


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1 the review of the report by the Defense Business Board, 

2 in cooperation with the Reserve Forces Policy Board. The 

3 Secretary of Veterans Affairs shall secure the review of 

4 the report by the Veterans Affairs Advisory Committee on 

5 Education. The results of such reviews shall be included 

6 as an appendix to the report. 

7 (d) COMPTROLLER GENERAL REVIEW.—Not later 

8 than November 1, 2008, the Comptroller General shall 

9 submit to the congressional committees referred to in sub10 section (a) an assessment of the report, including a review 

11 of the costs inherent in the transfer of administrative ju12 risdiction and the recruiting and retention data and other 

13 assumptions used by the Secretary of Defense in pre14 paring the report. As part of the assessment, the Comp15 troller General shall solicit responses from the Secretary 

16 of Defense and the Secretary of Veterans Affairs. 


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1 Subtitle D—Military Justice and 

2 Legal Assistance Matters 

3 SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES 

4 OF THE FEDERAL GOVERNMENT AND DE5 PENDENTS OF DECEASED MEMBERS AS ELI6 GIBLE FOR LEGAL ASSISTANCE FROM DE7 PARTMENT OF DEFENSE LEGAL STAFF RE8 SOURCES. 

9 Section 1044(a) of title 10, United States Code, is 

10 amended by adding at the end the following new para11 graphs: 

12 ‘‘(6) Survivors of a deceased member or former 

13 member described in paragraphs (1), (2), (3), and 

14 (4) who were dependents of the member or former 

15 member at the time of the death of the member or 

16 former member, except that the eligibility of such 

17 survivors shall be determined pursuant to regula18 tions prescribed by the Secretary concerned. 

19 ‘‘(7) Civilian employees of the Federal Govern20 ment serving in locations where legal assistance from 

21 non-military legal assistance providers is not reason22 ably available, except that the eligibility of civilian 

23 employees shall be determined pursuant to regula24 tions prescribed by the Secretary concerned.’’. 


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1 SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES 

2 COURT OF APPEALS FOR THE ARMED 

3 FORCES TO ADMINISTER OATHS. 

4 Section 936 of title 10, United States Code (article 

5 136 of the Uniform Code of Military Justice), is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(c) The judges of the United States Court of Ap8 peals for the Armed Forces may administer the oaths au9 thorized by subsections (a) and (b).’’. 

10 SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR 

11 MEMBERS OF THE JUDGE ADVOCATE GEN12 ERALS’ CORPS. 

13 (a) DEPARTMENT OF THE ARMY.— 

14 (1) GRADE OF JUDGE ADVOCATE GENERAL.— 

15 Subsection (a) of section 3037 of title 10, United 

16 States Code, is amended by striking the third sen17 tence and inserting the following new sentence: ‘‘The 

18 Judge Advocate General, while so serving, has the 

19 grade of lieutenant general.’’. 

20 (2) REDESIGNATION OF ASSISTANT JUDGE AD21 VOCATE GENERAL AS DEPUTY JUDGE ADVOCATE

22 GENERAL.—Such section is further amended— 

23 (A) in subsection (a), by striking ‘‘Assist24 ant Judge Advocate General’’ each place it ap25 pears and inserting ‘‘Deputy Judge Advocate 

26 General’’; and 


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1 (B) in subsection (d), by striking ‘‘Assist2 ant Judge Advocate General’’ and inserting 

3 ‘‘Deputy Judge Advocate General’’. 

4 (3) CLERICAL AMENDMENTS.—(A) The heading 

5 of such section is amended to read as follows: 

6 ‘‘§ 3037. Judge Advocate General, Deputy Judge Ad7 vocate General, and general officers of 

8 Judge Advocate General’s Corps: appoint9 ment; duties’’. 

10 (B) The table of sections at the beginning of 

11 chapter 305 of such title is amended by striking the 

12 item relating to section 3037 and inserting the fol13 lowing new item: 

‘‘3037. Judge Advocate General, Deputy Judge Advocate General, and general 

officers of Judge Advocate General’s Corps: appointment; duties.’’. 

14 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

15 NAVY.—Section 5148(b) of such title is amended by strik16 ing the last sentence and inserting the following new sen17 tence: ‘‘The Judge Advocate General, while so serving, has 

18 the grade of vice admiral or lieutenant general, as appro19 priate.’’. 

20 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

21 AIR FORCE.—Section 8037(a) of such title is amended by 

22 striking the last sentence and inserting the following new 

23 sentence: ‘‘The Judge Advocate General, while so serving, 

24 has the grade of lieutenant general.’’. 


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1 (d) INCREASE IN NUMBER OF OFFICERS SERVING IN

2 GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.— 

3 Section 525(b) of such title is amended in paragraphs (1) 

4 and (2)(A) by striking ‘‘15.7 percent’’ each place it ap5 pears and inserting ‘‘16.3 percent’’. 

6 (e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT

7 CHIEFS OF STAFF.— 

8 (1) IN GENERAL.—Chapter 5 of title 10, United 

9 States Code, is amended by adding at the end the 

10 following new section: 

11 ‘‘§ 156. Legal Counsel to the Chairman of the Joint 

12 Chiefs of Staff 

13 ‘‘(a) IN GENERAL.—There is a Legal Counsel to the 

14 Chairman of the Joint Chiefs of Staff. 

15 ‘‘(b) SELECTION FOR APPOINTMENT.—Under regula16 tions prescribed by the Secretary of Defense, the officer 

17 selected for appointment to serve as Legal Counsel to the 

18 Chairman of the Joint Chiefs of Staff shall be rec19 ommended by a board of officers convened by the Sec20 retary of Defense that, insofar as practicable, is subject 

21 to the procedures applicable to selection boards convened 

22 under chapter 36 of this title. 

23 ‘‘(c) GRADE.—An officer appointed to serve as Legal 

24 Counsel to the Chairman of the Joint Chiefs of Staff shall, 


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1 while so serving, hold the grade of brigadier general or 

2 rear admiral (lower half). 

3 ‘‘(d) DUTIES.—The Legal Counsel of the Chairman 

4 of the Joint Chiefs of Staff shall perform such legal duties 

5 in support of the responsibilities of the Chairman of the 

6 Joint Chiefs of Staff as the Chairman may prescribe.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 5 of such title is 

9 amended by adding at the end the following new 

10 item: 

‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff’’. 

11 (f) STRATEGIC PLAN TO LINK GENERAL AND FLAG

12 OFFICER NUMBERS, ASSIGNMENTS, AND DEVELOPMENT

13 TO THE MISSIONS AND REQUIREMENTS OF THE DEPART14 MENT OF DEFENSE.— 

15 (1) STRATEGIC PLAN REQUIRED.—The Sec16 retary of Defense shall develop a strategic plan link17 ing the missions and requirements of the Depart18 ment of Defense for general and flag officers to the 

19 statutory limits on the numbers of general and flag 

20 officers, and current assignment, promotion, and 

21 joint officer development policies for general and 

22 flag officers. 

23 (2) ADVICE OF CHAIRMAN OF JOINT CHIEFS OF

24 STAFF.—The Secretary shall develop the strategic 


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1 plan required under paragraph (1) with the advice 

2 of the Chairman of the Joint Chiefs of Staff. 

3 (3) MATTERS TO BE INCLUDED.—The strategic 

4 plan required under paragraph (1) shall include the 

5 following: 

6 (A) A description of the process for identi7 fication of the present and emerging require8 ments for general and flag officers and rec9 ommendations for meeting these requirements. 

10 (B) Identification of the numbers of gen11 eral and flag officers by service, grade, and 

12 qualifications currently available compared with 

13 the numbers needed to meet existing statutory 

14 requirements in support of the overall missions 

15 of the Department of Defense. 

16 (C) An assessment of the problems or 

17 issues (and proposed solutions for any such 

18 problems or issues) arising from existing nu19 merical limitations on the number and grade 

20 distribution of active and reserve component 

21 general and flag officers under sections 525, 

22 526, and 12004 of title 10, United States Code. 

23 (D) A discussion of how wartime require24 ments for additional general or flag officers 

25 have been addressed in support of Operation 


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1 Enduring Freedom and Operation Iraqi Free2 dom, including the usage of wartime or national 

3 emergency authorities. 

4 (E) An assessment of any problems or 

5 issues (and proposed solutions for any such 

6 problems or issues) arising from existing statu7 tory provisions regarding general and flag offi8 cer assignments and grade requirements and 

9 the need, if any, for revision of provisions in 

10 title 10, United States Code, specific to indi11 vidual general and flag officer positions along 

12 with recommendations to mitigate the need for 

13 routine legislative intervention as positions 

14 change to support organizational demands. 

15 (F) An assessment of the use currently 

16 being made of reserve component flag and gen17 eral officers and discussion of barriers to the 

18 qualification, selection, and assignment of Na19 tional Guard and Reserve officers for the broad20 est possible range of positions of importance 

21 and responsibility. 

22 (4) DEADLINE FOR SUBMISSION.—The Sec23 retary shall submit the plan required under para24 graph (1) to the Committees on Armed Services of 


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1 the Senate and the House of Representatives not 

2 later than March 1, 2009. 

3 SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED 

4 FORCES PARTICIPATING IN CRIMINAL 

5 STREET GANGS. 

6 The Secretary of Defense shall prescribe regulations 

7 to prohibit the active participation by members of the 

8 Armed Forces in a criminal street gang. 

9 Subtitle E—Military Leave 

10 SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF 

11 ACCUMULATED LEAVE FOR MEMBERS OF 

12 THE ARMED FORCES. 

13 (a) TEMPORARY INCREASE IN ACCUMULATED LEAVE

14 CARRYOVER AMOUNT.—Section 701 of title 10, United 

15 States Code, is amended— 

16 (1) in subsection (b), by striking ‘‘subsection (f) 

17 and subsection (g)’’ and inserting ‘‘subsections (d), 

18 (f), and (g)’’; and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection: 

21 ‘‘(d) Notwithstanding subsection (b), during the pe22 riod beginning on October 1, 2008, through December 31, 

23 2010, a member may accumulate up to 75 days of leave.’’. 


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1 (b) CONFORMING AMENDMENTS RELATED TO HIGH

2 DEPLOYMENT MEMBERS.—Subsection (f) of such section 

3 is amended— 

4 (1) in paragraph (1)(A), by striking ‘‘any accu5 mulated leave in excess of 60 days at the end of the 

6 fiscal year’’ and inserting ‘‘at the end of the fiscal 

7 year any accumulated leave in excess of the number 

8 of days of leave authorized to be accumulated under 

9 subsection (b) or (d)’’; 

10 (2) in paragraph (1)(C)— 

11 (A) by striking ‘‘60 days’’ and inserting 

12 ‘‘the days of leave authorized to be accumulated 

13 under subsection (b) or (d) that are’’; and 

14 (B) by inserting ‘‘(or fourth fiscal year, if 

15 accumulated while subsection (d) is in effect)’’ 

16 after ‘‘third fiscal year’’; and 

17 (3) in paragraph (2), by striking ‘‘except for 

18 this paragraph—’’ and all that follows through the 

19 end of the paragraph and inserting ‘‘except for this 

20 paragraph, would lose at the end of that fiscal year 

21 any accumulated leave in excess of the number of 

22 days of leave authorized to be accumulated under 

23 subsection (b) or (d), shall be permitted to retain 

24 such leave until the end of the second fiscal year 


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1 after the fiscal year in which such service on active 

2 duty is terminated.’’. 

3 (c) CONFORMING AMENDMENT RELATED TO MEM4 BERS IN MISSING STATUS.—Subsection (g) of such sec5 tion is amended by striking ‘‘60-day limitation in sub6 section (b) and the 90-day limitation in subsection (f)’’ 

7 and inserting ‘‘limitations in subsections (b), (d), and (f)’’. 

8 (d) PAY.—Section 501(b) of title 37, United States 

9 Code, is amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(6) An enlisted member of the armed forces who 

12 would lose accumulated leave in excess of 120 days of 

13 leave under section 701(f)(1) of title 10 may elect to be 

14 paid in cash or by a check on the Treasurer of the United 

15 States for any leave in excess so accumulated for up to 

16 30 days of such leave. A member may make an election 

17 under this paragraph only once.’’. 

18 SEC. 552. ENHANCEMENT OF REST AND RECUPERATION 

19 LEAVE. 

20 Section 705(b)(2) of title 10, United States Code, is 

21 amended by inserting ‘‘for members whose qualifying tour 

22 of duty is 12 months or less, or for not more than 20 

23 days for members whose qualifying tour of duty is longer 

24 than 12 months,’’ after ‘‘for not more than 15 days’’. 


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1 Subtitle F—Decorations and 

2 Awards 

3 SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF 

4 MEDAL OF HONOR TO LESLIE H. SABO, JR., 

5 FOR ACTS OF VALOR DURING THE VIETNAM 

6 WAR. 

7 (a) AUTHORIZATION.—Notwithstanding the time lim8 itations specified in section 3744 of title 10, United States 

9 Code, or any other time limitation with respect to the 

10 awarding of certain medals to persons who served in the 

11 Armed Forces, the President is authorized and requested 

12 to award the Medal of Honor under section 3741 of such 

13 title to Leslie H. Sabo, Jr., for the acts of valor during 

14 the Vietnam War described in subsection (b). 

15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

16 referred to in subsection (a) are the actions of Leslie H. 

17 Sabo, Jr., on May 10, 1970, as a member of the United 

18 States Army serving in the grade of Specialist Four in 

19 the Republic of Vietnam with Company B of the 3d Bat20 talion, 506th Infantry Regiment, 101st Airborne Division. 

21 SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 

22 MEDAL OF HONOR TO HENRY SVEHLA FOR 

23 ACTS OF VALOR DURING THE KOREAN WAR. 

24 (a) AUTHORIZATION.—Notwithstanding the time lim25 itations specified in section 3744 of title 10, United States 


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1 Code, or any other time limitation with respect to the 

2 awarding of certain medals to persons who served in the 

3 Armed Forces, the President is authorized and requested 

4 to award the Medal of Honor under section 3741 of such 

5 title to Henry Svehla for the acts of valor described in 

6 subsection (b). 

7 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

8 referred to in subsection (a) are the actions of Henry 

9 Svehla on June 12, 1952, as a member of the United 

10 States Army serving in the grade of Private First Class 

11 in Korea with Company F of the 32d Infantry Regiment, 

12 7th Infantry Division. 

13 SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF 

14 MEDAL OF HONOR TO WOODROW W. KEEBLE 

15 FOR ACTS OF VALOR DURING THE KOREAN 

16 WAR. 

17 (a) WAIVER OF TIME LIMITATIONS.—Notwith18 standing the time limitations specified in section 3744 of 

19 title 10, United States Code, or any other time limitation 

20 with respect to the awarding of certain medals to persons 

21 who served in the Armed Forces, the President is author22 ized and requested to award the Medal of Honor under 

23 section 3741 of such title to Woodrow W. Keeble for the 

24 acts of valor described in subsection (b). 


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1 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

2 referred to in subsection (a) are the actions of Woodrow 

3 W. Keeble of the United States Army as an acting platoon 

4 leader on October 20, 1950, during the Korean War. 

5 SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF 

6 MEDAL OF HONOR TO PRIVATE PHILIP G. 

7 SHADRACH FOR ACTS OF VALOR AS ONE OF 

8 ANDREWS’ RAIDERS DURING THE CIVIL WAR. 

9 (a) AUTHORIZATION.—Notwithstanding the time lim10 itations specified in section 3744 of title 10, United States 

11 Code, or any other time limitation with respect to the 

12 awarding of certain medals to persons who served in the 

13 Armed Forces, the President is authorized and requested 

14 to award the Medal of Honor under section 3741 of such 

15 title posthumously to Private Philip G. Shadrach of Com16 pany K, 2nd Ohio Volunteer Infantry Regiment for the 

17 acts of valor described in subsection (b). 

18 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

19 referred to in subsection (a) are the actions of Philip G. 

20 Shadrach as one of Andrews’ Raiders during the Civil War 

21 on April 12, 1862. 


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1 SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF 

2 MEDAL OF HONOR TO PRIVATE GEORGE D. 

3 WILSON FOR ACTS OF VALOR AS ONE OF AN4 DREWS’ RAIDERS DURING THE CIVIL WAR. 

5 (a) AUTHORIZATION.—The President is authorized 

6 and requested to award the Medal of Honor under section 

7 3741 of title 10, United States Code, posthumously to Pri8 vate George D. Wilson of Company B, 2nd Ohio Volunteer 

9 Infantry Regiment for the acts of valor described in sub10 section (b). 

11 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

12 referred to in subsection (a) are the actions of George D. 

13 Wilson as one of Andrews’ Raiders during the Civil War 

14 on April 12, 1862. 

15 Subtitle G—Impact Aid and De16 fense Dependents Education 

17 System 

18 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

19 EDUCATIONAL AGENCIES THAT BENEFIT DE20 PENDENTS OF MEMBERS OF THE ARMED 

21 FORCES AND DEPARTMENT OF DEFENSE CI22 VILIAN EMPLOYEES. 

23 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

24 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

25 amount authorized to be appropriated pursuant to section 

26 301(5) for operation and maintenance for Defense-wide 


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1 activities, $30,000,000 shall be available only for the pur2 pose of providing assistance to local educational agencies 

3 under subsection (a) of section 572 of the National De4 fense Authorization Act for Fiscal Year 2006 (Public Law 

5 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

6 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

7 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

8 CHANGES, OR FORCE RELOCATIONS.—Of the amount au9 thorized to be appropriated pursuant to section 301(5) for 

10 operation and maintenance for Defense-wide activities, 

11 $10,000,000 shall be available only for the purpose of pro12 viding assistance to local educational agencies under sub13 section (b) of such section 572. 

14 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

15 this section, the term ‘‘local educational agency’’ has the 

16 meaning given that term in section 8013(9) of the Ele17 mentary and Secondary Education Act of 1965 (20 U.S.C. 

18 7713(9)). 

19 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS20 ABILITIES. 

21 Of the amount authorized to be appropriated pursu22 ant to section 301(5) for operation and maintenance for 

23 Defense-wide activities, $5,000,000 shall be available for 

24 payments under section 363 of the Floyd D. Spence Na25 tional Defense Authorization Act for Fiscal Year 2001 (as 


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1 enacted into law by Public Law 106–398; 114 Stat. 

2 1654A–77; 20 U.S.C. 7703a). 

3 SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPART4 MENT OF DEFENSE EMPLOYEES EMPLOYED 

5 ON FEDERAL PROPERTY IN PLAN RELATING 

6 TO FORCE STRUCTURE CHANGES, RELOCA7 TION OF MILITARY UNITS, OR BASE CLO8 SURES AND REALIGNMENTS. 

9 Section 574(e)(3) of the John Warner National De10 fense Authorization Act for Fiscal Year 2007 (Public Law 

11 109–364; 120 Stat. 2227; 20 U.S.C. 7703b note) is 

12 amended— 

13 (1) in subparagraph (A), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(C) elementary and secondary school stu20 dents who are dependents of personnel who are 

21 not members of the Armed Forces or civilian 

22 employees of the Department of Defense but 

23 who are employed on Federal property.’’. 


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1 SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUI2 TION FOR MILITARY DEPENDENTS IN OVER3 SEAS AREAS NOT SERVED BY DEFENSE DE4 PENDENTS’ EDUCATION SYSTEM SCHOOLS. 

5 Section 1407(b)(1) of the Defense Dependents’ Edu6 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended by 

7 inserting after the first sentence the following new sen8 tence: ‘‘Schools to which tuition may be paid under this 

9 subsection may include private boarding schools in the 

10 United States.’’. 

11 Subtitle H—Military Families 

12 SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY 

13 READINESS COUNCIL AND POLICY AND 

14 PLANS FOR MILITARY FAMILY READINESS. 

15 (a) IN GENERAL.—Subchapter I of chapter 88 of title 

16 10, United States Code, is amended by inserting after sec17 tion 1781 the following new sections: 

18 ‘‘§ 1781a. Department of Defense Military Family 

19 Readiness Council 

20 ‘‘(a) IN GENERAL.—There is in the Department of 

21 Defense the Department of Defense Military Family 

22 Readiness Council (in this section referred to as the 

23 ‘Council’). 

24 ‘‘(b) MEMBERS.—(1) The Council shall consist of the 

25 following members: 


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1 ‘‘(A) The Under Secretary of Defense for Per2 sonnel and Readiness, who shall serve as chair of the 

3 Council. 

4 ‘‘(B) One representative of each of the Army, 

5 Navy, Marine Corps, and Air Force, who shall be 

6 appointed by the Secretary of Defense. 

7 ‘‘(C) Three individuals appointed by the Sec8 retary of Defense from among representatives of 

9 military family organizations, including military 

10 family organizations of families of members of the 

11 regular components and of families of members of 

12 the reserve components. 

13 ‘‘(D) In addition to the representatives ap14 pointed under subparagraph (B), the senior enlisted 

15 advisors of the Army, Navy, Marine Corps, and Air 

16 Force, or the spouse of a senior enlisted member 

17 from each of the Army, Navy, Marine Corps, and 

18 Air Force. 

19 ‘‘(2) The term on the Council of the members ap20 pointed under paragraph (1)(C) shall be three years. 

21 ‘‘(c) MEETINGS.—The Council shall meet not less 

22 often than twice each year. 

23 ‘‘(d) DUTIES.—The duties of the Council shall in24 clude the following: 


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1 ‘‘(1) To review and make recommendations to 

2 the Secretary of Defense regarding the policy and 

3 plans required under section 1781b of this title. 

4 ‘‘(2) To monitor requirements for the support 

5 of military family readiness by the Department of 

6 Defense. 

7 ‘‘(3) To evaluate and assess the effectiveness of 

8 the military family readiness programs and activities 

9 of the Department of Defense. 

10 ‘‘(e) ANNUAL REPORTS.—(1) Not later than Feb11 ruary 1 each year, the Council shall submit to the Sec12 retary of Defense and the congressional defense commit13 tees a report on military family readiness. 

14 ‘‘(2) Each report under this subsection shall include 

15 the following: 

16 ‘‘(A) An assessment of the adequacy and effec17 tiveness of the military family readiness programs 

18 and activities of the Department of Defense during 

19 the preceding fiscal year in meeting the needs and 

20 requirements of military families. 

21 ‘‘(B) Recommendations on actions to be taken 

22 to improve the capability of the military family read23 iness programs and activities of the Department of 

24 Defense to meet the needs and requirements of mili25 tary families, including actions relating to the allocaVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tion of funding and other resources to and among 

2 such programs and activities. 

3 ‘‘§ 1781b. Department of Defense policy and plans for 

4 military family readiness 

5 ‘‘(a) POLICY AND PLANS REQUIRED.—The Secretary 

6 of Defense shall develop a policy and plans for the Depart7 ment of Defense for the support of military family readi8 ness. 

9 ‘‘(b) PURPOSES.—The purposes of the policy and 

10 plans required under subsection (a) are as follows: 

11 ‘‘(1) To ensure that the military family readi12 ness programs and activities of the Department of 

13 Defense are comprehensive, effective, and properly 

14 supported. 

15 ‘‘(2) To ensure that support is continuously 

16 available to military families in peacetime and in 

17 war, as well as during periods of force structure 

18 change and relocation of military units. 

19 ‘‘(3) To ensure that the military family readi20 ness programs and activities of the Department of 

21 Defense are available to all military families, includ22 ing military families of members of the regular com23 ponents and military families of members of the re24 serve components. 


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1 ‘‘(4) To make military family readiness an ex2 plicit element of applicable Department of Defense 

3 plans, programs, and budgeting activities, and that 

4 achievement of military family readiness is expressed 

5 through Department-wide goals that are identifiable 

6 and measurable. 

7 ‘‘(5) To ensure that the military family readi8 ness programs and activities of the Department of 

9 Defense undergo continuous evaluation in order to 

10 ensure that resources are allocated and expended for 

11 such programs and activities to achieve Department12 wide family readiness goals. 

13 ‘‘(c) ELEMENTS OF POLICY.—The policy required 

14 under subsection (a) shall include the following elements: 

15 ‘‘(1) A list of military family readiness pro16 grams and activities. 

17 ‘‘(2) Department of Defense-wide goals for mili18 tary family support, including joint programs, both 

19 for military families of members of the regular com20 ponents and military families of members of the re21 serve components. 

22 ‘‘(3) Policies on access to military family sup23 port programs and activities based on military fam24 ily populations served and geographical location. 


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1 ‘‘(4) Metrics to measure the performance and 

2 effectiveness of the military family readiness pro3 grams and activities of the Department of Defense. 

4 ‘‘(5) A summary, by fiscal year, of the alloca5 tion of funds (including appropriated funds and non6 appropriated funds) for major categories of military 

7 family readiness programs and activities of the De8 partment of Defense, set forth for each of the mili9 tary departments and for the Office of the Secretary 

10 of Defense. 

11 ‘‘(d) ANNUAL REPORT.—Not later than March 1, 

12 2008, and each year thereafter, the Secretary of Defense 

13 shall submit to the congressional defense committees a re14 port on the plans required under subsection (a) for the 

15 five-fiscal year period beginning with the fiscal year in 

16 which the report is submitted. Each report shall include 

17 the plans covered by the report and an assessment of the 

18 discharge by the Department of Defense of the previous 

19 plans submitted under this section.’’. 

20 (b) REPORT ON MILITARY FAMILY READINESS POL21 ICY.—Not later than February 1, 2009, the Secretary of 

22 Defense shall submit to the congressional defense commit23 tees a report setting forth the policy developed under sec24 tion 1781b of title 10, United States Code, as added by 

25 subsection (a). 


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1 (c) SURVEYS OF MILITARY FAMILIES.—Section 1782 

2 of title 10, United States Code, is amended by adding at 

3 the end the following new subsection: 

4 ‘‘(d) SURVEY REQUIRED FOR FISCAL YEAR 2010.— 

5 Notwithstanding subsection (a), during fiscal year 2010, 

6 the Secretary of Defense shall conduct a survey otherwise 

7 authorized under such subsection. Thereafter, additional 

8 surveys may be conducted not less often than once every 

9 three fiscal years.’’. 

10 (d) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of subchapter I of chapter 88 of such 

12 title is amended by inserting after the item relating to sec13 tion 1781 the following new items: 

‘‘1781a. Department of Defense Military Family Readiness Council. 

‘‘1781b. Department of Defense policy and plans for military family readiness.’’. 

14 SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM. 

15 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

16 of Defense shall establish a national combat veteran re17 integration program to provide National Guard and Re18 serve members and their families with sufficient informa19 tion, services, referral, and proactive outreach opportuni20 ties throughout the entire deployment cycle. This program 

21 shall be known as the Yellow Ribbon Reintegration Pro22 gram. 

23 (b) PURPOSE OF PROGRAM; DEPLOYMENT CYCLE.— 

24 The Yellow Ribbon Reintegration Program shall consist 


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1 of informational events and activities for members of the 

2 reserve components of the Armed Forces, their families, 

3 and community members to facilitate access to services 

4 supporting their health and well-being through the 4 

5 phases of the deployment cycle: 

6 (1) Pre-Deployment. 

7 (2) Deployment. 

8 (3) Demobilization. 

9 (4) Post-Deployment-Reconstitution. 

10 (c) EXECUTIVE AGENT.—The Secretary shall des11 ignate the Under Secretary of Defense for Personnel and 

12 Readiness as the Department of Defense executive agent 

13 for the Yellow Ribbon Reintegration Program. 

14 (d) OFFICE FOR REINTEGRATION PROGRAMS.— 

15 (1) ESTABLISHMENT.—The Under Secretary of 

16 Defense for Personnel and Readiness shall establish 

17 the Office for Reintegration Programs within the Of18 fice of the Secretary of Defense. The office shall ad19 minister all reintegration programs in coordination 

20 with State National Guard organizations. The office 

21 shall be responsible for coordination with existing 

22 National Guard and Reserve family and support pro23 grams. The Directors of the Army National Guard 

24 and Air National Guard and the Chiefs of the Army 

25 Reserve, Marine Corps Reserve, Navy Reserve, and 


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1 Air Force Reserve may appoint liaison officers to co2 ordinate with the permanent office staff. The office 

3 may also enter into partnerships with other public 

4 entities, including the Department of Health and 

5 Human Services, Substance Abuse and the Mental 

6 Health Services Administration, for access to nec7 essary substance abuse and mental health treatment 

8 services from local State-licensed service providers. 

9 (2) CENTER FOR EXCELLENCE IN REINTEGRA10 TION.—The Office for Reintegration Programs shall 

11 establish a Center for Excellence in Reintegration 

12 within the office. The Center shall collect and ana13 lyze ‘‘lessons learned’’ and suggestions from State 

14 National Guard and Reserve organizations with ex15 isting or developing reintegration programs. The 

16 Center shall also assist in developing training aids 

17 and briefing materials and training representatives 

18 from State National Guard and Reserve organiza19 tions. 

20 (e) ADVISORY BOARD.— 

21 (1) APPOINTMENT.—The Secretary of Defense 

22 shall appoint an advisory board to analyze the Yel23 low Ribbon Reintegration Program and report on 

24 areas of success and areas for necessary improve25 ments. The advisory board shall include the Director 


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1 of the Army National Guard, the Director of the Air 

2 National Guard, Chiefs of the Army Reserve, Marine 

3 Corps Reserve, Navy Reserve, and Air Force Re4 serve, the Assistant Secretary of Defense for Reserve 

5 Affairs, an Adjutant General on a rotational basis as 

6 determined by the Chief of the National Guard Bu7 reau, and any other Department of Defense, Federal 

8 Government agency, or outside organization as de9 termined by the Secretary of Defense. The members 

10 of the advisory board may designate representatives 

11 in their stead. 

12 (2) SCHEDULE.—The advisory board shall meet 

13 on a schedule determined by the Secretary of De14 fense. 

15 (3) INITIAL REPORTING REQUIREMENT.—The 

16 advisory board shall issue internal reports as nec17 essary and shall submit an initial report to the Com18 mittees on Armed Services of the Senate and House 

19 of Representatives not later than 180 days after the 

20 end of the 1-year period beginning on the date of the 

21 establishment of the Office for Reintegration Pro22 grams. The report shall contain— 

23 (A) an evaluation of the implementation of 

24 the Yellow Ribbon Reintegration Program by 


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1 State National Guard and Reserve organiza2 tions; 

3 (B) an assessment of any unmet resource 

4 requirements; and 

5 (C) recommendations regarding closer co6 ordination between the Office of Reintegration 

7 Programs and State National Guard and Re8 serve organizations. 

9 (4) ANNUAL REPORTS.—The advisory board 

10 shall submit annual reports to the Committees on 

11 Armed Services of the Senate and the House of Rep12 resentatives following the initial report by the first 

13 week in March of subsequent years following the ini14 tial report. 

15 (f) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 

16 The Office for Reintegration Programs may employ per17 sonnel to administer the Yellow Ribbon Reintegration Pro18 gram at the State level. The primary function of team 

19 members shall be— 

20 (1) to implement the reintegration curriculum 

21 through the deployment cycle described in subsection 

22 (g); 

23 (2) to obtain necessary service providers; and 

24 (3) to educate service providers regarding the 

25 unique military nature of the reintegration program. 


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1 (g) OPERATION OF PROGRAM THROUGH DEPLOY2 MENT CYCLE.— 

3 (1) IN GENERAL.—The Office for Reintegration 

4 Programs shall analyze the demographics, placement 

5 of State Family Assistance Centers and their re6 sources before a mobilization alert is issued to af7 fected State National Guard and Reserve organiza8 tions. The Office of Reintegration Programs shall 

9 consult with affected State National Guard and Re10 serve organizations following the issuance of a mobi11 lization alert and implement the reintegration events 

12 in accordance with the Reintegration Program phase 

13 model. 

14 (2) PRE-DEPLOYMENT PHASE.—The Pre-De15 ployment Phase shall constitute the time from first 

16 notification of mobilization until deployment of the 

17 mobilized National Guard or Reserve unit. Events 

18 and activities shall focus on providing education and 

19 ensuring the readiness of members of the unit, their 

20 families, and affected communities for the rigors of 

21 a combat deployment. 

22 (3) DEPLOYMENT PHASE.—The Deployment 

23 Phase shall constitute the period from deployment of 

24 the mobilized National Guard or Reserve unit until 

25 the unit arrives at a demobilization station inside 


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1 the continental United States. Events and services 

2 provided shall focus on the challenges and stress as3 sociated with separation and having a member in a 

4 combat zone. Information sessions shall utilize State 

5 National Guard and Reserve resources in coordina6 tion with the Employer Support of Guard and Re7 serve Office, Transition Assistance Advisors, and the 

8 State Family Programs Director. 

9 (4) DEMOBILIZATION PHASE.— 

10 (A) IN GENERAL.—The Demobilization 

11 Phase shall constitute the period from arrival of 

12 the National Guard or Reserve unit at the de13 mobilization station until its departure for home 

14 station. 

15 (B) INITIAL REINTEGRATION ACTIVITY.— 

16 The purpose of this reintegration program is to 

17 educate members about the resources that are 

18 available to them and to connect members to 

19 service providers who can assist them in over20 coming the challenges of reintegration. 

21 (5) POST-DEPLOYMENT-RECONSTITUTION

22 PHASE.— 

23 (A) IN GENERAL.—The Post-Deployment24 Reconstitution Phase shall constitute the period 

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1 lowing demobilization. Activities and services 

2 provided shall focus on reconnecting members 

3 with their families and communities and pro4 viding resources and information necessary for 

5 successful reintegration. Reintegration events 

6 shall begin with elements of the Initial Re7 integration Activity program that were not com8 pleted during the Demobilization Phase. 

9 (B) 30-DAY, 60-DAY, AND 90-DAY RE10 INTEGRATION ACTIVITIES.—The State National 

11 Guard and Reserve organizations shall hold re12 integration activities at the 30-day, 60-day, and 

13 90-day interval following demobilization. These 

14 activities shall focus on reconnecting members 

15 and their families with the service providers 

16 from the Initial Reintegration Activity to ensure 

17 that members and their families understand 

18 what benefits they are entitled to and what re19 sources are available to help them overcome the 

20 challenges of reintegration. The Reintegration 

21 Activities shall also provide a forum for mem22 bers and their families to address negative be23 haviors related to combat stress and transition. 

24 (C) MEMBER PAY.—Members shall receive 

25 appropriate pay for days spent attending the 


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1 Reintegration Activities at the 30-day, 60-day, 

2 and 90-day intervals. 

3 (h) OUTREACH SERVICES.—As part of the Yellow 

4 Ribbon Reintegration Program, the Office for Reintegra5 tion Programs may develop programs of outreach to mem6 bers of the Armed Forces and their family members to 

7 educate such members and their family members about 

8 the assistance and services available to them under the 

9 Yellow Ribbon Reintegration Program. Such assistance 

10 and services may include the following: 

11 (1) Marriage counseling. 

12 (2) Services for children. 

13 (3) Suicide prevention. 

14 (4) Substance abuse awareness and treatment. 

15 (5) Mental health awareness and treatment. 

16 (6) Financial counseling. 

17 (7) Anger management counseling. 

18 (8) Domestic violence awareness and preven19 tion. 

20 (9) Employment assistance. 

21 (10) Preparing and updating family care plans. 

22 (11) Development of strategies for living with a 

23 member of the Armed Forces with post-traumatic 

24 stress disorder or traumatic brain injury. 


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1 (12) Other services that may be appropriate to 

2 address the unique needs of members of the Armed 

3 Forces and their families who live in rural or remote 

4 areas with respect to family readiness and 

5 servicemember reintegration. 

6 (13) Assisting members of the Armed Forces 

7 and their families find and receive assistance with 

8 military family readiness and servicemember re9 integration, including referral services. 

10 (14) Development of strategies and programs 

11 that recognize the need for long-term follow-up serv12 ices for reintegrating members of the Armed Forces 

13 and their families for extended periods following de14 ployments, including between deployments. 

15 (15) Assisting members of the Armed Forces 

16 and their families in receiving services and assist17 ance from the Department of Veterans Affairs, in18 cluding referral services. 

19 SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT 

20 SERVICES AND PROGRAMS FOR FAMILIES OF 

21 MEMBERS OF REGULAR AND RESERVE COM22 PONENTS UNDERGOING DEPLOYMENT. 

23 (a) STUDY REQUIRED.—The Secretary of Defense 

24 shall conduct a study to determine the most effective 

25 means to enhance and improve family support programs 


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1 for families of deployed members of the regular and re2 serve components of the Armed Forces before, during, and 

3 after deployment. The study shall also take into account 

4 the potential to utilize non-governmental and local private 

5 sector entities and other Federal agencies having expertise 

6 in health and well-being of families, including family mem7 bers who are children, infants, or toddlers. 

8 (b) ELEMENTS.—The study shall include at a min9 imum the following: 

10 (1) The assessment of the types of information 

11 on health care and mental health benefits and serv12 ices and other community resources that should be 

13 made available to members of the regular and re14 serve components and their families, including— 

15 (A) crisis services; 

16 (B) marriage and family counseling; and 

17 (C) financial counseling. 

18 (2) An assessment of means to improve support 

19 to the parents and caretakers of military dependent 

20 children in order to mitigate any adverse effects of 

21 the deployment of members on such children, includ22 ing consideration of the following: 

23 (A) The need to develop materials for par24 ents and other caretakers of children to assist 

25 in responding to the effects of such deployment 


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1 on children, including extended and multiple de2 ployments and reunion (and the death or injury 

3 of members during such deployment), and the 

4 role that parents and caretakers can play in ad5 dressing or mitigating such effects. 

6 (B) The potential best practices that are 

7 identified which build psychological and emo8 tional resiliency in children in coping with de9 ployment. 

10 (C) The potential to improve dissemination 

11 throughout the Armed Forces of the most effec12 tive practices for outreach, training, and build13 ing psychological and emotional resiliency in 

14 children. 

15 (D) The effectiveness of training materials 

16 for education, mental health, health, and family 

17 support professionals who provide services to 

18 parents and caretakers of military dependent 

19 children. 

20 (E) The requirement to develop programs 

21 and activities to increase awareness throughout 

22 the military and civilian communities of the ef23 fects of deployment of a military spouse or 

24 guardians for such children and their families 


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1 and to increase collaboration within such com2 munities to address and mitigate such effects. 

3 (F) The development of training for early 

4 child care and education, mental health, health 

5 care, and family support professionals to en6 hance the awareness of such professionals of 

7 their role in assisting families in addressing and 

8 mitigating the adverse implications of such de9 ployment. 

10 (G) The conduct of research on best prac11 tices for building psychological and emotional 

12 resiliency in such children in coping with the 

13 deployment of such members. 

14 (3) An assessment of the effectiveness of fam15 ily-to-family support programs— 

16 (A) in providing peer support for families 

17 of deployed members of the regular and reserve 

18 components; 

19 (B) in identifying and preventing family 

20 problems in such families; 

21 (C) in reducing adverse outcomes for chil22 dren of such families, including poor academic 

23 performance, behavioral problems, stress, and 

24 anxiety; 


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1 (D) in improving family readiness and 

2 post-deployment transition for such families; 

3 and 

4 (E) in utilizing spouses of members of the 

5 Armed Forces as counselors for families of de6 ployed members, in order to assist such families 

7 in coping before, during, and after the deploy8 ment, and the best practices for training 

9 spouses of members of the Armed Forces to act 

10 as counselors for families of deployed members. 

11 (4) An assessment of the effectiveness of transi12 tion assistance programs and policies for families of 

13 members during post-deployment transition from a 

14 combat zone back to civilian or military commu15 nities— 

16 (A) in identifying signs and symptoms of 

17 mental health conditions for both service mem18 bers and their families; and 

19 (B) in receiving information and resources 

20 available within the local communities to ease 

21 transition. 

22 (5) An assessment of the impact of multiple 

23 overseas deployments of members on their families, 

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1 dom, including financial impacts and emotional im2 pacts. 

3 (6) An assessment of the most effective timing 

4 of providing information and support to the families 

5 of deployed members before, during, and after de6 ployment, including at least six months after the 

7 date of return of deployed members. 

8 (7) An assessment of the need for additional 

9 long-term research on the effects of multiple war10 time deployments on families, including children, 

11 and critical areas of focus that should be addressed 

12 by such research. 

13 (c) REPORT ON RESULTS OF STUDY.—Not later than 

14 180 days after the date of enactment of this Act, the Sec15 retary of Defense shall submit to the congressional defense 

16 committees a report containing the results of the study 

17 conducted under subsection (a). 

18 SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGE19 MENTS FOR PARENTS WHO ARE MEMBERS OF 

20 THE ARMED FORCES DEPLOYED IN SUPPORT 

21 OF A CONTINGENCY OPERATION. 

22 (a) PROTECTION OF SERVICEMEMBERS AGAINST DE23 FAULT JUDGMENTS.—Section 201(a) of the 

24 Servicemembers Civil Relief Act (50 U.S.C. App. 521(a)) 


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1 is amended by inserting ‘‘, including any child custody 

2 proceeding,’’ after ‘‘proceeding’’. 

3 (b) STAY OF PROCEEDINGS WHEN SERVICEMEMBER

4 HAS NOTICE.—Section 202(a) of the Servicemembers 

5 Civil Relief Act (50 U.S.C. App. 522(a)) is amended by 

6 inserting ‘‘, including any child custody proceeding,’’ after 

7 ‘‘civil action or proceeding’’. 

8 SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED 

9 MEMBERS OF THE ARMED FORCES. 

10 (a) SERVICEMEMBER FAMILY LEAVE.— 

11 (1) DEFINITIONS.—Section 101 of the Family 

12 and Medical Leave Act of 1993 (29 U.S.C. 2611) is 

13 amended by adding at the end the following new 

14 paragraphs: 

15 ‘‘(14) ACTIVE DUTY.—The term ‘active duty’ 

16 means duty under a call or order to active duty 

17 under a provision of law referred to in section 

18 101(a)(13)(B) of title 10, United States Code. 

19 ‘‘(15) CONTINGENCY OPERATION.—The term 

20 ‘contingency operation’ has the same meaning given 

21 such term in section 101(a)(13) of title 10, United 

22 States Code. 

23 ‘‘(16) COVERED SERVICEMEMBER.—The term 

24 ‘covered servicemember’ means a member of the 

25 Armed Forces, including a member of the National 


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1 Guard or Reserves, who is undergoing medical treat2 ment, recuperation, or therapy, is otherwise in out3 patient status, or is otherwise on the temporary dis4 ability retired list, for a serious injury or illness. 

5 ‘‘(17) OUTPATIENT STATUS.—The term ‘out6 patient status’, with respect to a covered 

7 servicemember, means the status of a member of the 

8 Armed Forces assigned to— 

9 ‘‘(A) a military medical treatment facility 

10 as an outpatient; or 

11 ‘‘(B) a unit established for the purpose of 

12 providing command and control of members of 

13 the Armed Forces receiving medical care as 

14 outpatients. 

15 ‘‘(18) NEXT OF KIN.—The term ‘next of kin’, 

16 used with respect to an individual, means the near17 est blood relative of that individual. 

18 ‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 

19 ‘serious injury or illness’, in the case of a member 

20 of the Armed Forces, including a member of the Na21 tional Guard or Reserves, means an injury or illness 

22 incurred by the member in line of duty on active 

23 duty in the Armed Forces that may render the mem24 ber medically unfit to perform the duties of the 

25 member’s office, grade, rank, or rating.’’. 


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1 (2) ENTITLEMENT TO LEAVE.—Section 102(a) 

2 of such Act (29 U.S.C. 2612(a)) is amended— 

3 (A) in paragraph (1), by adding at the end 

4 the following new subparagraph: 

5 ‘‘(E) Because of any qualifying exigency 

6 (as the Secretary shall, by regulation, deter7 mine) arising out of the fact that the spouse, or 

8 a son, daughter, or parent of the employee is on 

9 active duty (or has been notified of an impend10 ing call or order to active duty) in the Armed 

11 Forces in support of a contingency operation.’’; 

12 and 

13 (B) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject 

16 to section 103, an eligible employee who is the 

17 spouse, son, daughter, parent, or next of kin of a 

18 covered servicemember shall be entitled to a total of 

19 26 workweeks of leave during a 12-month period to 

20 care for the servicemember. The leave described in 

21 this paragraph shall only be available during a single 

22 12-month period. 

23 ‘‘(4) COMBINED LEAVE TOTAL.—During the 

24 single 12-month period described in paragraph (3), 

25 an eligible employee shall be entitled to a combined 


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1 total of 26 workweeks of leave under paragraphs (1) 

2 and (3). Nothing in this paragraph shall be con3 strued to limit the availability of leave under para4 graph (1) during any other 12-month period.’’. 

5 (3) REQUIREMENTS RELATING TO LEAVE.— 

6 (A) SCHEDULE.—Section 102(b) of such 

7 Act (29 U.S.C. 2612(b)) is amended— 

8 (i) in paragraph (1), in the second 

9 sentence— 

10 (I) by striking ‘‘section 

11 103(b)(5)’’ and inserting ‘‘subsection 

12 (b)(5) or (f) (as appropriate) of sec13 tion 103’’; and 

14 (II) by inserting ‘‘or under sub15 section (a)(3)’’ after ‘‘subsection 

16 (a)(1)’’; 

17 (ii) in paragraph (1), by inserting 

18 after the second sentence the following new 

19 sentence: ‘‘Subject to subsection (e)(3) and 

20 section 103(f), leave under subsection 

21 (a)(1)(E) may be taken intermittently or 

22 on a reduced leave schedule.’’; and 

23 (iii) in paragraph (2), by inserting ‘‘or 

24 under subsection (a)(3)’’ after ‘‘subsection 

25 (a)(1)’’. 


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1 (B) SUBSTITUTION OF PAID LEAVE.—Sec2 tion 102(d) of such Act (29 U.S.C. 2612(d)) is 

3 amended— 

4 (i) in paragraph (1)— 

5 (I) by inserting ‘‘(or 26 work6 weeks in the case of leave provided 

7 under subsection (a)(3))’’ after ‘‘12 

8 workweeks’’ the first place it appears; 

9 and 

10 (II) by inserting ‘‘(or 26 work11 weeks, as appropriate)’’ after ‘‘12 

12 workweeks’’ the second place it ap13 pears; 

14 (ii) in paragraph (2)(A), by striking 

15 ‘‘or (C)’’ and inserting ‘‘(C), or (E)’’; and 

16 (iii) in paragraph (2)(B), by adding at 

17 the end the following: ‘‘An eligible em18 ployee may elect, or an employer may re19 quire the employee, to substitute any of 

20 the accrued paid vacation leave, personal 

21 leave, family leave, or medical or sick leave 

22 of the employee for leave provided under 

23 subsection (a)(3) for any part of the 26- 

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1 quires an employer to provide paid sick 

2 leave or paid medical leave in any situation 

3 in which the employer would not normally 

4 provide any such paid leave.’’. 

5 (C) NOTICE.—Section 102(e) of such Act 

6 (29 U.S.C. 2612(e)) is amended— 

7 (i) in paragraph (2), by inserting ‘‘or 

8 under subsection (a)(3)’’ after ‘‘subsection 

9 (a)(1)’’; and 

10 (ii) by adding at the end the following 

11 new paragraph: 

12 ‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY

13 OF FAMILY MEMBER.—In any case in which the ne14 cessity for leave under subsection (a)(1)(E) is fore15 seeable, whether because the spouse, or a son, 

16 daughter, or parent, of the employee is on active 

17 duty, or because of notification of an impending call 

18 or order to active duty in support of a contingency 

19 operation, the employee shall provide such notice to 

20 the employer as is reasonable and practicable.’’. 

21 (D) SPOUSES EMPLOYED BY SAME EM22 PLOYER.—Section 102(f) of such Act (29 

23 U.S.C. 2612(f)) is amended— 

24 (i) by redesignating paragraphs (1) 

25 and (2) as subparagraphs (A) and (B), 


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1 and aligning the margins of the subpara2 graphs with the margins of section 

3 102(e)(2)(A); 

4 (ii) by striking ‘‘In any’’ and inserting 

5 the following: 

6 ‘‘(1) IN GENERAL.—In any’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(2) SERVICEMEMBER FAMILY LEAVE.— 

10 ‘‘(A) IN GENERAL.—The aggregate num11 ber of workweeks of leave to which both that 

12 husband and wife may be entitled under sub13 section (a) may be limited to 26 workweeks 

14 during the single 12-month period described in 

15 subsection (a)(3) if the leave is— 

16 ‘‘(i) leave under subsection (a)(3); or 

17 ‘‘(ii) a combination of leave under 

18 subsection (a)(3) and leave described in 

19 paragraph (1). 

20 ‘‘(B) BOTH LIMITATIONS APPLICABLE.—If 

21 the leave taken by the husband and wife in22 cludes leave described in paragraph (1), the 

23 limitation in paragraph (1) shall apply to the 

24 leave described in paragraph (1).’’. 


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1 (E) CERTIFICATION REQUIREMENTS.— 

2 Section 103 of such Act (29 U.S.C. 2613) is 

3 amended— 

4 (i) in subsection (a)— 

5 (I) by striking ‘‘section 

6 102(a)(1)’’ and inserting ‘‘paragraph 

7 (1) or paragraph (3) of section 

8 102(a)’’; and 

9 (II) by inserting ‘‘or of the next 

10 of kin of an individual in the case of 

11 leave taken under such paragraph 

12 (3),’’ after ‘‘parent of the employee,’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(f) CERTIFICATION RELATED TO ACTIVE DUTY OR

17 CALL TO ACTIVE DUTY.—An employer may require that 

18 a request for leave under section 102(a)(1)(E) be sup19 ported by a certification issued at such time and in such 

20 manner as the Secretary may by regulation prescribe. If 

21 the Secretary issues a regulation requiring such certifi22 cation, the employee shall provide, in a timely manner, a 

23 copy of such certification to the employer.’’. 

24 (F) FAILURE TO RETURN.—Section 104(c) 

25 of such Act (29 U.S.C. 2614(c)) is amended— 


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1 (i) in paragraph (2)(B)(i), by insert2 ing ‘‘or under section 102(a)(3)’’ before 

3 the semicolon; and 

4 (ii) in paragraph (3)(A)— 

5 (I) in clause (i), by striking ‘‘or’’ 

6 at the end; 

7 (II) in clause (ii), by striking the 

8 period and inserting ‘‘; or’’; and 

9 (III) by adding at the end the 

10 following: 

11 ‘‘(iii) a certification issued by the 

12 health care provider of the servicemember 

13 being cared for by the employee, in the 

14 case of an employee unable to return to 

15 work because of a condition specified in 

16 section 102(a)(3).’’. 

17 (G) ENFORCEMENT.—Section 107 of such 

18 Act (29 U.S.C. 2617) is amended, in subsection 

19 (a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in 

20 a case involving leave under section 102(a)(3))’’ 

21 after ‘‘12 weeks’’. 

22 (H) INSTRUCTIONAL EMPLOYEES.—Sec23 tion 108 of such Act (29 U.S.C. 2618) is 

24 amended, in subsections (c)(1), (d)(2), and 


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1 (d)(3), by inserting ‘‘or under section 

2 102(a)(3)’’ after ‘‘section 102(a)(1)’’. 

3 (b) SERVICEMEMBER FAMILY LEAVE FOR CIVIL

4 SERVICE EMPLOYEES.— 

5 (1) DEFINITIONS.—Section 6381 of title 5, 

6 United States Code, is amended— 

7 (A) in paragraph (5), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (6), by striking the pe10 riod and inserting a semicolon; and 

11 (C) by adding at the end the following: 

12 ‘‘(7) the term ‘active duty’ means duty under a 

13 call or order to active duty under a provision of law 

14 referred to in section 101(a)(13)(B) of title 10; 

15 ‘‘(8) the term ‘covered servicemember’ means a 

16 member of the Armed Forces, including a member 

17 of the National Guard or Reserves, who is under18 going medical treatment, recuperation, or therapy, is 

19 otherwise in an outpatient status, or is otherwise on 

20 the temporary disability retired list, for a serious in21 jury or illness; 

22 ‘‘(9) the term ‘outpatient status’, with respect 

23 to a covered servicemember, means the status of a 

24 member of the Armed Forces assigned to— 


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1 ‘‘(A) a military medical treatment facility 

2 as an outpatient; or 

3 ‘‘(B) a unit established for the purpose of 

4 providing command and control of members of 

5 the Armed Forces receiving medical care as 

6 outpatients; 

7 ‘‘(10) the term ‘next of kin’, used with respect 

8 to an individual, means the nearest blood relative of 

9 that individual; and 

10 ‘‘(11) the term ‘serious injury or illness’, in the 

11 case of a member of the Armed Forces, means an 

12 injury or illness incurred by the member in line of 

13 duty on active duty in the Armed Forces that may 

14 render the member medically unfit to perform the 

15 duties of the member’s office, grade, rank, or rat16 ing.’’. 

17 (2) ENTITLEMENT TO LEAVE.—Section 6382(a) 

18 of such title is amended by adding at the end the 

19 following: 

20 ‘‘(3) Subject to section 6383, an employee who is the 

21 spouse, son, daughter, parent, or next of kin of a covered 

22 servicemember shall be entitled to a total of 26 adminis23 trative workweeks of leave during a 12-month period to 

24 care for the servicemember. The leave described in this 


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1 paragraph shall only be available during a single 12-month 

2 period. 

3 ‘‘(4) During the single 12-month period described in 

4 paragraph (3), an employee shall be entitled to a combined 

5 total of 26 administrative workweeks of leave under para6 graphs (1) and (3). Nothing in this paragraph shall be 

7 construed to limit the availability of leave under paragraph 

8 (1) during any other 12-month period.’’. 

9 (3) REQUIREMENTS RELATING TO LEAVE.— 

10 (A) SCHEDULE.—Section 6382(b) of such 

11 title is amended— 

12 (i) in paragraph (1), in the second 

13 sentence— 

14 (I) by striking ‘‘section 

15 6383(b)(5)’’ and inserting ‘‘subsection 

16 (b)(5) or (f) (as appropriate) of sec17 tion 6383’’; and 

18 (II) by inserting ‘‘or under sub19 section (a)(3)’’ after ‘‘subsection 

20 (a)(1)’’; and 

21 (ii) in paragraph (2), by inserting ‘‘or 

22 under subsection (a)(3)’’ after ‘‘subsection 

23 (a)(1)’’. 

24 (B) SUBSTITUTION OF PAID LEAVE.—Sec25 tion 6382(d) of such title is amended by adding 


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1 at the end the following: ‘‘An employee may 

2 elect to substitute for leave under subsection 

3 (a)(3) any of the employee’s accrued or accu4 mulated annual or sick leave under subchapter 

5 I for any part of the 26-week period of leave 

6 under such subsection.’’. 

7 (C) NOTICE.—Section 6382(e) of such title 

8 is amended by inserting ‘‘or under subsection 

9 (a)(3)’’ after ‘‘subsection (a)(1)’’. 

10 (D) CERTIFICATION.—Section 6383 of 

11 such title is amended by adding at the end the 

12 following: 

13 ‘‘(f) An employing agency may require that a request 

14 for leave under section 6382(a)(3) be supported by a cer15 tification issued at such time and in such manner as the 

16 Office of Personnel Management may by regulation pre17 scribe.’’. 

18 SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DE19 PLOYMENT OF SINGLE PARENT OR DUAL 

20 MILITARY COUPLES WITH MINOR DEPEND21 ENTS. 

22 The Secretary of Defense shall establish appropriate 

23 procedures to ensure that an adequate family care plan 

24 is in place for a member of the Armed Forces with minor 

25 dependents who is a single parent or whose spouse is also 


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1 a member of the Armed Forces when the member may 

2 be deployed in an area for which imminent danger pay 

3 is authorized under section 310 of title 37, United States 

4 Code. Such procedures should allow the member to request 

5 a deferment of deployment due to unforeseen cir6 cumstances, and the request for such a deferment should 

7 be considered and responded to promptly. 

8 SEC. 587. EDUCATION AND TREATMENT SERVICES FOR 

9 MILITARY DEPENDENT CHILDREN WITH AU10 TISM. 

11 (a) ASSESSMENT OF AVAILABILITY OF SERVICES.— 

12 The Secretary of Defense shall conduct a comprehensive 

13 assessment of the availability of Federal, State, and local 

14 education and treatment services on and in the vicinity 

15 of a covered military installation for children of members 

16 of the Armed Forces who are diagnosed with autism. This 

17 assessment shall include the following: 

18 (1) The local availability of adequate edu19 cational services for children with autism. 

20 (2) The local availability of adequate medical 

21 services for children with autism. 

22 (3) The local availability of supplemental serv23 ices for children with autism. 


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1 (4) The ease of access of children with autism 

2 to adequate educational services, such as the length 

3 of time on waiting lists. 

4 (b) REVIEW OF BEST PRACTICES.—In preparing the 

5 assessment under subsection (a), the Secretary of Defense 

6 shall conduct a review of best practices in the United 

7 States in the provision of covered educational services and 

8 treatment services for children with autism, including an 

9 assessment of Federal and State education and treatment 

10 services for children with autism in each State, with an 

11 emphasis on locations where eligible members and eligible 

12 dependents reside. The Secretary of Defense shall conduct 

13 the review in coordination with the Secretary of Edu14 cation. 

15 (c) PERSONNEL MANAGEMENT REQUIREMENTS.— 

16 (1) LIMITED STATIONING OPTIONS.—The Sec17 retary of the military department concerned shall 

18 ensure that, whenever practicable, eligible members 

19 are only assigned to military installations that are 

20 identified in the report required by subsection 

21 (g)(1). 

22 (2) STABILIZATION POLICY.—The Secretary of 

23 the military department concerned shall ensure that, 

24 whenever practicable, the families of eligible mem25 bers residing at a military installation that is identiVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 fied in such report are permitted to remain at that 

2 installation for a period of not less than 4 years. 

3 (d) CASE MANAGERS AND SERVICES.— 

4 (1) CASE MANAGERS.—The Secretary of the 

5 military department concerned shall ensure that eli6 gible members are assigned case managers for both 

7 medical services and covered educational services for 

8 eligible dependents, which shall be required under 

9 the Exceptional Family Member Program pursuant 

10 to the policy established by the Secretary. 

11 (2) INDIVIDUALIZED SERVICES PLAN.—The 

12 Secretary of the military department concerned shall 

13 provide for the voluntary development for eligible de14 pendents of individualized autism services plans for 

15 use by case managers, caregivers, and families to en16 sure continuity of services throughout the active 

17 military service of eligible members. 

18 (3) AUTISM SUPPORT CENTERS.—The Sec19 retary of the military department concerned may es20 tablish local centers on military installations for the 

21 purpose of providing and coordinating autism serv22 ices for eligible dependents. 

23 (4) PARTNERSHIPS AND CONTRACTS.—The Sec24 retary of the military department concerned is en25 couraged to enter into partnerships or contracts with 


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1 other appropriate public and private entities to carry 

2 out the responsibilities of this section. 

3 (e) DEMONSTRATION PROJECTS.— 

4 (1) PROJECTS AUTHORIZED.—The Secretary of 

5 Defense may conduct 1 or more demonstration 

6 projects to evaluate improved approaches to the pro7 vision of covered educational services and treatment 

8 services to eligible dependents for the purpose of 

9 evaluating strategies for integrated treatment and 

10 case manager services, including early intervention 

11 and diagnosis, medical care, parent involvement, spe12 cial education services, intensive behavioral interven13 tion, and language, communications, and other inter14 ventions considered appropriate by the Secretary. 

15 (2) CASE MANAGERS AND SERVICES PLAN.— 

16 Each demonstration project shall include the assign17 ment of case managers under paragraph (1) of sub18 section (d) and utilize the services plans prepared 

19 for eligible dependents under paragraph (2) of such 

20 subsection. 

21 (3) SUPERVISORY LEVEL PROVIDERS.—The 

22 Secretary of Defense may utilize for purposes of the 

23 demonstration projects personnel who are profes24 sionals with a level (as determined by the Secretary) 

25 of post-secondary education that is appropriate for 


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1 the provision of safe and effective services for autism 

2 and who are from an accredited educational facility 

3 in the mental health, human development, social 

4 work, or education field to act as supervisory level 

5 providers of behavioral intervention services for au6 tism. In so acting, such personnel may be author7 ized— 

8 (A) to develop and monitor intensive be9 havior intervention plans for eligible dependents 

10 who are participating in the demonstration 

11 projects; and 

12 (B) to provide appropriate training in the 

13 provision of approved services to participating 

14 eligible dependents. 

15 (4) SERVICES UNDER CORPORATE SERVICES

16 PROVIDER MODEL.—In carrying out the demonstra17 tion projects, the Secretary of Defense may utilize a 

18 corporate services provider model. Employees of a 

19 provider under such a model shall include personnel 

20 who implement special educational and behavioral 

21 intervention plans for eligible dependents that are 

22 developed, reviewed, and maintained by supervisory 

23 level providers approved by the Secretary. In author24 izing such a model, the Secretary shall establish— 


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1 (A) minimum education, training, and ex2 perience criteria required to be met by employ3 ees who provide services to eligible dependents; 

4 (B) requirements for supervisory personnel 

5 and supervision, including requirements for su6 pervisor credentials and for the frequency and 

7 intensity of supervision; and 

8 (C) such other requirements as the Sec9 retary considers appropriate to ensure safety 

10 and the protection of the eligible dependents 

11 who receive services from such employees under 

12 the demonstration projects. 

13 (5) PERIOD.—If the Secretary of Defense de14 termines to conduct demonstration projects under 

15 this subsection, the Secretary shall commence such 

16 demonstration projects not later than 180 days after 

17 the date of the enactment of this Act. The dem18 onstration projects shall be conducted for not less 

19 than 2 years. 

20 (6) EVALUATION.—The Secretary of Defense 

21 shall conduct an evaluation of each demonstration 

22 project conducted under this section. The evaluation 

23 shall include the following: 

24 (A) An assessment of the extent to which 

25 the activities under the demonstration project 


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1 contributed to positive outcomes for eligible de2 pendents. 

3 (B) An assessment of the extent to which 

4 the activities under the demonstration project 

5 led to improvements in services and continuity 

6 of care for eligible dependents. 

7 (C) An assessment of the extent to which 

8 the activities under the demonstration project 

9 improved military family readiness and en10 hanced military retention. 

11 (f) RELATIONSHIP TO OTHER BENEFITS.—Nothing 

12 in this section precludes the eligibility of members of the 

13 Armed Forces and their dependents for extended benefits 

14 under section 1079 of title 10, United States Code. 

15 (g) REPORTS.— 

16 (1) REPORT IDENTIFYING COVERED MILITARY

17 INSTALLATIONS.—As a result of the assessment re18 quired by subsection (a), the Secretary of Defense 

19 shall submit to the congressional defense commit20 tees, not later than December 31, 2008, a report 

21 identifying those covered military installations that 

22 have covered educational services and facilities avail23 able (on the installation or in the vicinity of the in24 stallation) for eligible dependents that provide spe25 cial education and related services consistent with 


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1 the Individuals with Disabilities Education Act (20 

2 U.S.C. 1400 et seq.). 

3 (2) REPORTS ON DEMONSTRATION PROJECTS.— 

4 Not later than 30 months after the commencement 

5 of any demonstration project under subsection (e), 

6 the Secretary of Defense shall submit to the Com7 mittees on Armed Services of the Senate and the 

8 House of Representatives a report on the demonstra9 tion project. The report shall include a description of 

10 the project, the results of the evaluation under sub11 section (e)(6) with respect to the project, and a de12 scription of plans for the further provision of serv13 ices for eligible dependents under the project. 

14 (h) COVERED EDUCATIONAL SERVICES PLAN.— 

15 After completing the assessment required by subsection 

16 (a) and the report required by subsection (g)(1), the Sec17 retary of Defense shall develop a plan that would ensure 

18 that all eligible dependents are able to obtain covered edu19 cational services. In the event that eligible members are 

20 assigned to military installations that are not identified 

21 in the report required by subsection (g)(1), the plan 

22 should ensure that such eligible dependents are still able 

23 to obtain covered educational services, including by the use 

24 of authority granted to the Secretary under section 2164 

25 of title 10, United States Code. The plan shall also include 


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1 any legislative actions that the Secretary recommends to 

2 implement the plan and describe what funding or funding 

3 mechanisms may be needed to ensure eligible dependents 

4 obtain covered educational services. The Secretary shall 

5 submit the plan to the congressional defense committees 

6 not later than July 1, 2009. 

7 (i) DEFINITIONS.—In this section: 

8 (1) The term ‘‘autism’’ refers to the Autism 

9 Spectrum Disorders, which are developmental dis10 abilities that cause substantial impairments in the 

11 areas of social interaction, emotional regulation, 

12 communication, and the integration of higher-order 

13 cognitive processes and are often characterized by 

14 the presence of unusual behaviors and interests. The 

15 term includes autistic disorder, pervasive develop16 mental disorder (not otherwise specified), and 

17 Asperger’s syndrome. 

18 (2) The term ‘‘child’’ has the meaning given 

19 that term in section 1072 of title 10, United States 

20 Code. 

21 (3) The term ‘‘covered military installation’’ 

22 means a military installation at which at least 1,000 

23 members of the Armed Forces are assigned who are 

24 eligible for an assignment accompanied by depend25 ents. 


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1 (4) The term ‘‘eligible member’’ means a mem2 ber of the Armed Forces who— 

3 (A) has a dependent child who is diagnosed 

4 with autism; and 

5 (B) is enrolled in an Exceptional Family 

6 Member Program of the Department of De7 fense. 

8 (5) The term ‘‘eligible dependent’’ means a 

9 child of an eligible member who is diagnosed with 

10 autism. 

11 (6) The term ‘‘local educational agency’’ has 

12 the meaning given that term in section 8013(9) of 

13 the Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 7713(9)), except that the term in15 cludes publicly financed schools in communities, De16 partment of Defense domestic dependent elementary 

17 and secondary schools, and schools of the defense 

18 dependents’ education system. 

19 (7) The term ‘‘covered educational services’’ in20 cludes behavioral intervention services for autism, 

21 such as Applied Behavioral Analysis. 


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1 SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COM2 PASSION IN PAYING TRIBUTE TO MEMBERS 

3 OF THE ARMED FORCES WHO HAVE FALLEN 

4 IN THE SERVICE OF THE UNITED STATES. 

5 (a) COMMENDATION.—Congress, on the behalf of the 

6 people of the United States, commends Kaziah M. Han7 cock and the 4 other volunteer professional portrait artists 

8 of the nonprofit organization known as Project Compas9 sion, as well as the entire Project Compassion organiza10 tion, for their ongoing efforts to provide, without charge, 

11 to the family of each member of the Armed Forces who 

12 has died on active duty since September 11, 2001, a mu13 seum-quality original oil portrait of the member. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the people of the United States owe the deepest 

16 gratitude to Kaziah M. Hancock and the members of 

17 Project Compassion. 

18 Subtitle I—Other Matters 

19 SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILI20 TARY BANDS AND OTHER MUSICAL UNITS. 

21 (a) IN GENERAL.— 

22 (1) CONSOLIDATION OF SEPARATE AUTHORI23 TIES.—Chapter 49 of title 10, United States Code, 

24 is amended by inserting after section 973 the fol25 lowing new section: 


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1 ‘‘§ 974. Uniform performance policies for military 

2 bands and other musical units 

3 ‘‘(a) RESTRICTIONS ON COMPETITION AND REMU4 NERATION.—Bands, ensembles, choruses, or similar musi5 cal units of the armed forces, including individual mem6 bers of such a unit performing in an official capacity, may 

7 not— 

8 ‘‘(1) engage in the performance of music in 

9 competition with local civilian musicians; or 

10 ‘‘(2) receive remuneration for official perform11 ances. 

12 ‘‘(b) MEMBERS PERFORMING IN PERSONAL CAPAC13 ITY.—A member of a band, ensemble, chorus, or similar 

14 musical unit of the armed forces may engage in the per15 formance of music in the member’s personal capacity, as 

16 an individual or part of a group, for remuneration or oth17 erwise, if the member— 

18 ‘‘(1) does not wear a military uniform for the 

19 performance; 

20 ‘‘(2) does not identify himself or herself as a 

21 member of the armed forces in connection with the 

22 performance; and 

23 ‘‘(3) complies with all other applicable regula24 tions and standards of conduct. 

25 ‘‘(c) RECORDINGS.—(1) When authorized pursuant 

26 to regulations prescribed by the Secretary of Defense for 


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1 purposes of this section, bands, ensembles, choruses, or 

2 similar musical units of the armed forces may produce re3 cordings for distribution to the public, at a cost not to 

4 exceed production and distribution expenses. 

5 ‘‘(2) Amounts received in payment for recordings dis6 tributed to the public under this subsection shall be cred7 ited to the appropriation or account providing the funds 

8 for the production of such recordings. Any amounts so 

9 credited shall be merged with amounts in the appropria10 tion or account to which credited, and shall be available 

11 for the same purposes, and subject to the same conditions 

12 and limitations, as amounts in such appropriation or ac13 count. 

14 ‘‘(d) PERFORMANCE OF MUSIC IN COMPETITION

15 WITH LOCAL CIVILIAN MUSICIANS DEFINED.—(1) In this 

16 section, the term ‘performance of music in competition 

17 with local civilian musicians’ includes performances— 

18 ‘‘(A) that are more than incidental to events 

19 that are not supported solely by appropriated funds 

20 and are not free to the public; and 

21 ‘‘(B) of background, dinner, dance, or other so22 cial music at events, regardless of location, that are 

23 not supported solely by appropriated funds. 

24 ‘‘(2) The term does not include performances— 


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1 ‘‘(A) at official Federal Government events that 

2 are supported solely by appropriated funds; 

3 ‘‘(B) at concerts, parades, and other events that 

4 are patriotic events or celebrations of national holi5 days and are free to the public; or 

6 ‘‘(C) that are incidental, such as short perform7 ances of military or patriotic music to open or close 

8 events, to events that are not supported solely by ap9 propriated funds, in compliance with applicable rules 

10 and regulations.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended 

13 by inserting after the item relating to section 973 

14 the following new item: 

‘‘974. Uniform performance policies for military bands and other musical 

units.’’. 

15 (b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— 

16 (1) REPEAL.—Sections 3634, 6223, and 8634 

17 of such title are repealed. 

18 (2) TABLE OF SECTIONS.—(A) The table of 

19 sections at the beginning of chapter 349 of such title 

20 is amended by striking the item relating to section 

21 3634. 

22 (B) The table of sections at the beginning of 

23 chapter 565 of such title is amended by striking the 

24 item relating to section 6223. 


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1 (C) The table of sections at the beginning of 

2 chapter 849 of such title is amended by striking the 

3 item relating to section 8634. 

4 SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED 

5 MEMBERS OF THE ARMED FORCES AND CER6 TAIN OTHER PERSONS. 

7 Section 1482(a)(8) of title 10, United States Code, 

8 is amended by adding at the end the following new sen9 tence: ‘‘When transportation of the remains includes 

10 transportation by aircraft under section 562 of the John 

11 Warner National Defense Authorization Act for Fiscal 

12 Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), 

13 the Secretary concerned shall provide, to the maximum ex14 tent practicable, for delivery of the remains by air to the 

15 commercial, general aviation, or military airport nearest 

16 to the place selected by the designee.’’. 

17 SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUP18 PORTABLE IN ANY STATE UNDER STARBASE 

19 PROGRAM. 

20 Section 2193b(c)(3) of title 10, United States Code, 

21 is amended— 

22 (1) in subparagraph (A), by striking ‘‘more 

23 than two academies’’ and inserting ‘‘more than four 

24 academies’’; and 


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1 (2) in subparagraph (B), by striking ‘‘in excess 

2 of two’’ both places it appears and inserting ‘‘in ex3 cess of four’’. 

4 SEC. 593. GIFT ACCEPTANCE AUTHORITY. 

5 (a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON

6 BEHALF OF THE WOUNDED.—Section 2601(b) of title 10, 

7 United States Code, is amended by striking paragraph (4). 

8 (b) LIMITATION ON SOLICITATION OF GIFTS.—The 

9 Secretary of Defense shall prescribe regulations imple10 menting sections 2601 and 2608 of title 10, United States 

11 Code, that prohibit the solicitation of any gift under such 

12 sections by any employee of the Department of Defense 

13 if the nature or circumstances of such solicitation would 

14 compromise the integrity or the appearance of integrity 

15 of any program of the Department of Defense or of any 

16 individual involved in such program. 

17 SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES 

18 AND VETERANS OUT OF UNIFORM DURING 

19 HOISTING, LOWERING, OR PASSING OF 

20 UNITED STATES FLAG. 

21 Section 9 of title 4, United States Code, is amended 

22 by striking ‘‘all persons present’’ and all that follows 

23 through the end of the section and inserting the following: 

24 ‘‘all persons present in uniform should render the military 

25 salute. Members of the Armed Forces and veterans who 


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1 are present but not in uniform may render the military 

2 salute. All other persons present should face the flag and 

3 stand at attention with their right hand over the heart, 

4 or if applicable, remove their headdress with their right 

5 hand and hold it at the left shoulder, the hand being over 

6 the heart. Citizens of other countries present should stand 

7 at attention. All such conduct toward the flag in a moving 

8 column should be rendered at the moment the flag 

9 passes.’’. 

10 SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NA11 TIONAL COMMITTEE FOR EMPLOYER SUP12 PORT OF THE GUARD AND RESERVE. 

13 Section 4332 of title 38, United States Code, is 

14 amended— 

15 (1) by redesignating paragraphs (2), (3), (4), 

16 (5), and (6) as paragraphs (3), (4), (5), (6), and (7) 

17 respectively; 

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph (2): 

20 ‘‘(2) The number of cases reviewed by the Sec21 retary of Defense under the National Committee for 

22 Employer Support of the Guard and Reserve of the 

23 Department of Defense during the fiscal year for 

24 which the report is made.’’; and 


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1 (3) in paragraph (5), as so redesignated, by 

2 striking ‘‘(2), or (3)’’ and inserting ‘‘(2), (3), or 

3 (4)’’. 

4 SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR 

5 DISCHARGE FROM ACTIVE DUTY (DD FORM 

6 214). 

7 The Secretary of Defense, in consultation with the 

8 Secretary of Veterans Affairs, shall modify the Certificate 

9 of Release or Discharge from Active Duty (DD Form 214) 

10 in order to permit a member of the Armed Forces, upon 

11 discharge or release from active duty in the Armed Forces, 

12 to elect that the DD–214 issued with regard to the mem13 ber be forwarded to the following: 

14 (1) The Central Office of the Department of 

15 Veterans Affairs in the District of Columbia. 

16 (2) The appropriate office of the Department of 

17 Veterans Affairs for the State or other locality in 

18 which the member will first reside after such dis19 charge or release. 

20 SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF 

21 MEMBERS OF THE ARMED FORCES FOR PER22 SONALITY DISORDER. 

23 (a) SECRETARY OF DEFENSE REPORT ON ADMINIS24 TRATIVE SEPARATIONS BASED ON PERSONALITY DIS25 ORDER.— 


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1 (1) REPORT REQUIRED.—Not later than April 

2 1, 2008, the Secretary of Defense shall submit to 

3 the Committees on Armed Services of the Senate 

4 and the House of Representatives a report on all 

5 cases of administrative separation from the Armed 

6 Forces of covered members of the Armed Forces on 

7 the basis of a personality disorder. 

8 (2) ELEMENTS.—The report required by para9 graph (1) shall include the following: 

10 (A) A statement of the total number of 

11 cases, by Armed Force, in which covered mem12 bers of the Armed Forces have been separated 

13 from the Armed Forces on the basis of a per14 sonality disorder, and an identification of the 

15 various forms of personality disorder forming 

16 the basis for such separations. 

17 (B) A statement of the total number of 

18 cases, by Armed Force, in which covered mem19 bers of the Armed Forces who have served in 

20 Iraq and Afghanistan since October 2001 have 

21 been separated from the Armed Forces on the 

22 basis of a personality disorder, and the identi23 fication of the various forms of personality dis24 order forming the basis for such separations. 


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1 (C) A summary of the policies, by Armed 

2 Force, controlling administrative separations of 

3 members of the Armed Forces based on person4 ality disorder, and an evaluation of the ade5 quacy of such policies for ensuring that covered 

6 members of the Armed Forces who may be eli7 gible for disability evaluation due to mental 

8 health conditions are not separated from the 

9 Armed Forces on the basis of a personality dis10 order. 

11 (D) A discussion of measures being imple12 mented to ensure that members of the Armed 

13 Forces who should be evaluated for disability 

14 separation or retirement due to mental health 

15 conditions are not processed for separation 

16 from the Armed Forces on the basis of a per17 sonality disorder, and recommendations regard18 ing how members of the Armed Forces who 

19 may have been so separated from the Armed 

20 Forces should be provided with expedited review 

21 by the applicable board for the correction of 

22 military records. 

23 (b) COMPTROLLER GENERAL REPORT ON POLICIES

24 ON ADMINISTRATIVE SEPARATION BASED ON PERSON25 ALITY DISORDER.— 


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1 (1) REPORT REQUIRED.—Not later than June 

2 1, 2008, the Comptroller General shall submit to 

3 Congress a report evaluating the policies and proce4 dures of the Department of Defense and of the mili5 tary departments relating to the separation of mem6 bers of the Armed Forces based on a personality dis7 order. 

8 (2) ELEMENTS.—The report required by para9 graph (1) shall— 

10 (A) include an audit of a sampling of cases 

11 to determine the validity and clinical efficacy of 

12 the policies and procedures referred to in para13 graph (1) and the extent, if any, of the diver14 gence between the terms of such policies and 

15 procedures and the implementation of such poli16 cies and procedures; and 

17 (B) include a determination by the Comp18 troller General of whether, and to what extent, 

19 the policies and procedures referred to in para20 graph (1)— 

21 (i) deviate from standard clinical diag22 nostic practices and current clinical stand23 ards; and 

24 (ii) provide adequate safeguards 

25 aimed at ensuring that members of the 


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1 Armed Forces who suffer from mental 

2 health conditions (including depression, 

3 post-traumatic stress disorder, or trau4 matic brain injury) resulting from service 

5 in a combat zone are not separated from 

6 the Armed Forces on the basis of a person7 ality disorder. 

8 (3) ALTERNATIVE SUBMISSION METHOD.—In 

9 lieu of submitting a separate report under this sub10 section, the Comptroller may include the evaluation, 

11 audit and determination required by this subsection 

12 as part of the study of mental health services re13 quired by section 723 of the Ronald W. Reagan Na14 tional Defense Authorization Act of 2005 (Public 

15 Law 108–375; 118 Stat. 1989). 

16 (c) COVERED MEMBER OF THE ARMED FORCES DE17 FINED.—In this section, the term ‘‘covered member of the 

18 Armed Forces’’ includes the following: 

19 (1) Any member of a regular component of the 

20 Armed Forces who has served in Iraq or Afghani21 stan since October 2001. 

22 (2) Any member of the Selected Reserve of the 

23 Ready Reserve of the Armed Forces who served on 

24 active duty in Iraq or Afghanistan since October 

25 2001. 


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1 SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVER2 SARY OF THE VIETNAM WAR. 

3 (a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 

4 Secretary of Defense may conduct a program to com5 memorate the 50th anniversary of the Vietnam War. In 

6 conducting the commemorative program, the Secretary 

7 shall coordinate, support, and facilitate other programs 

8 and activities of the Federal Government, State and local 

9 governments, and other persons and organizations in com10 memoration of the Vietnam War. 

11 (b) SCHEDULE.—The Secretary of Defense shall de12 termine the schedule of major events and priority of ef13 forts for the commemorative program in order to ensure 

14 achievement of the objectives specified in subsection (c). 

15 (c) COMMEMORATIVE ACTIVITIES AND OBJEC16 TIVES.—The commemorative program may include activi17 ties and ceremonies to achieve the following objectives: 

18 (1) To thank and honor veterans of the Viet19 nam War, including personnel who were held as pris20 oners of war or listed as missing in action, for their 

21 service and sacrifice on behalf of the United States 

22 and to thank and honor the families of these vet23 erans. 

24 (2) To highlight the service of the Armed 

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1 governmental organizations that served with, or in 

2 support of, the Armed Forces. 

3 (3) To pay tribute to the contributions made on 

4 the home front by the people of the United States 

5 during the Vietnam War. 

6 (4) To highlight the advances in technology, 

7 science, and medicine related to military research 

8 conducted during the Vietnam War. 

9 (5) To recognize the contributions and sac10 rifices made by the allies of the United States dur11 ing the Vietnam War. 

12 (d) NAMES AND SYMBOLS.—The Secretary of De13 fense shall have the sole and exclusive right to use the 

14 name ‘‘The United States of America Vietnam War Com15 memoration’’, and such seal, emblems, and badges incor16 porating such name as the Secretary may lawfully adopt. 

17 Nothing in this section may be construed to supersede 

18 rights that are established or vested before the date of the 

19 enactment of this Act. 

20 (e) COMMEMORATIVE FUND.— 

21 (1) ESTABLISHMENT AND ADMINISTRATION.— 

22 If the Secretary establishes the commemorative pro23 gram under subsection (a), the Secretary the Treas24 ury shall establish in the Treasury of the United 

25 States an account to be known as the ‘‘Department 


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1 of Defense Vietnam War Commemoration Fund’’ (in 

2 this section referred to as the ‘‘Fund’’). The Fund 

3 shall be administered by the Secretary of Defense. 

4 (2) USE OF FUND.—The Secretary shall use 

5 the assets of the Fund only for the purpose of con6 ducting the commemorative program and shall pre7 scribe such regulations regarding the use of the 

8 Fund as the Secretary considers to be necessary. 

9 (3) DEPOSITS.—There shall be deposited into 

10 the Fund— 

11 (A) amounts appropriated to the Fund; 

12 (B) proceeds derived from the Secretary’s 

13 use of the exclusive rights described in sub14 section (d); 

15 (C) donations made in support of the com16 memorative program by private and corporate 

17 donors; and 

18 (D) funds transferred to the Fund by the 

19 Secretary from funds appropriated for fiscal 

20 year 2008 and subsequent years for the Depart21 ment of Defense. 

22 (4) AVAILABILITY.—Subject to subsection 

23 (g)(2), amounts deposited under paragraph (3) shall 

24 constitute the assets of the Fund and remain avail25 able until expended. 


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1 (5) BUDGET REQUEST.—The Secretary of De2 fense may establish a separate budget line for the 

3 commemorative program. In the budget justification 

4 materials submitted by the Secretary in support of 

5 the budget of the President for any fiscal year for 

6 which the Secretary establishes the separate budget 

7 line, the Secretary shall— 

8 (A) identify and explain any amounts ex9 pended for the commemorative program in the 

10 fiscal year preceding the budget request; 

11 (B) identify and explain the amounts being 

12 requested to support the commemorative pro13 gram for the fiscal year of the budget request; 

14 and 

15 (C) present a summary of the fiscal status 

16 of the Fund. 

17 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

18 (1) AUTHORITY TO ACCEPT SERVICES.—Not19 withstanding section 1342 of title 31, United States 

20 Code, the Secretary of Defense may accept from any 

21 person voluntary services to be provided in further22 ance of the commemorative program. The Secretary 

23 of Defense shall prohibit the solicitation of any vol24 untary services if the nature or circumstances of 

25 such solicitation would compromise the integrity or 


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1 the appearance of integrity of any program of the 

2 Department of Defense or of any individual involved 

3 in the program. 

4 (2) REIMBURSEMENT OF INCIDENTAL EX5 PENSES.—The Secretary may provide for reimburse6 ment of incidental expenses incurred by a person 

7 providing voluntary services under this subsection. 

8 The Secretary shall determine which expenses are el9 igible for reimbursement under this paragraph. 

10 (g) FINAL REPORT.— 

11 (1) REPORT REQUIRED.—Not later than 60 

12 days after the end of the commemorative program, 

13 if established by the Secretary of Defense under sub14 section (a), the Secretary shall submit to Congress 

15 a report containing an accounting of— 

16 (A) all of the funds deposited into and ex17 pended from the Fund; 

18 (B) any other funds expended under this 

19 section; and 

20 (C) any unobligated funds remaining in 

21 the Fund. 

22 (2) TREATMENT OF UNOBLIGATED FUNDS.— 

23 Unobligated amounts remaining in the Fund as of 

24 the end of the commemorative period specified in 


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1 subsection (b) shall be held in the Fund until trans2 ferred by law. 

3 (h) LIMITATION ON EXPENDITURES.—Total expendi4 tures from the Fund, using amounts appropriated to the 

5 Department of Defense, may not exceed $5,000,000 for 

6 fiscal year 2008 or for any subsequent fiscal year to carry 

7 out the commemorative program. 

8 (i) FUNDING.—Of the amount authorized to be ap9 propriated pursuant to section 301(5) for Defense-wide 

10 activities, $1,000,000 shall be available for deposit in the 

11 Fund for fiscal year 2008 if the Fund is established under 

12 subsection (e). 

13 SEC. 599. RECOGNITION OF MEMBERS OF THE MONU14 MENTS, FINE ARTS, AND ARCHIVES PROGRAM 

15 OF THE CIVIL AFFAIRS AND MILITARY GOV16 ERNMENT SECTIONS OF THE ARMED FORCES 

17 DURING AND FOLLOWING WORLD WAR II. 

18 Congress hereby— 

19 (1) recognizes the men and women who served 

20 in the Monuments, Fine Arts, and Archives program 

21 (MFAA) under the Civil Affairs and Military Gov22 ernment Sections of the United States Armed 

23 Forces for their heroic role in the preservation, pro24 tection, and restitution of monuments, works of art, 

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1 tance in Europe and Asia during and following 

2 World War II; 

3 (2) recognizes that without their dedication and 

4 service, many more of the world’s artistic and his5 toric treasures would have been destroyed or lost 

6 forever amidst the chaos and destruction of World 

7 War II; 

8 (3) acknowledges that the detailed catalogues, 

9 documentation, inventories, and photographs devel10 oped and compiled by MFAA personnel during and 

11 following World War II, have made, and continue to 

12 make, possible the restitution of stolen works of art 

13 to their rightful owners; and 

14 (4) commends and extols the members of the 

15 MFAA for establishing a precedent for action to pro16 tect cultural property in the event of armed conflict, 

17 and by their action setting a standard not just for 

18 one country, but for people of all nations to acknowl19 edge and uphold. 

20 TITLE VI—COMPENSATION AND 

21 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. 


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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. 

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 offcycle 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. 


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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 nonregular 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. 

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. 


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1 Subtitle A—Pay and Allowances 

2 SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC 

3 PAY. 

4 (a) RESCISSION OF PRIOR BASIC PAY ADJUST5 MENT.—The adjustment made as of January 1, 2008, 

6 pursuant to section 4 of Executive Order No. 13454 

7 (issued January 4, 2008), in elements of compensation of 

8 members of the uniformed services pursuant to section 

9 1009 of title 37, United States Code, is hereby rescinded 

10 in order to permit the 3.5 percent increase in monthly 

11 basic pay for members of the uniformed services required 

12 by subsection (b) to take effect as intended. 

13 (b) INCREASE IN BASIC PAY.—Effective as of Janu14 ary 1, 2008, the rates of monthly basic pay for members 

15 of the uniformed services are increased by 3.5 percent. 

16 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 

17 COMPONENT MEMBERS WITHOUT DEPEND18 ENTS WHO ATTEND ACCESSION TRAINING 

19 WHILE MAINTAINING A PRIMARY RESIDENCE. 

20 (a) AVAILABILITY OF ALLOWANCE.—Section 

21 403(g)(1) of title 37, United States Code, is amended— 

22 (1) by inserting ‘‘to attend accession training,’’ 

23 after ‘‘active duty’’ the first place it appears; and 

24 (2) by inserting a comma after ‘‘contingency 

25 operation’’ the first place it appears. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply with respect to months begin3 ning on or after the date of the enactment of this Act. 

4 SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY 

5 FOR TEMPORARY LODGING EXPENSES FOR 

6 MEMBERS OF THE ARMED FORCES IN AREAS 

7 SUBJECT TO MAJOR DISASTER DECLARA8 TION OR FOR INSTALLATIONS EXPERI9 ENCING SUDDEN INCREASE IN PERSONNEL 

10 LEVELS. 

11 (a) MAXIMUM PERIOD OF RECEIPT OF EXPENSES.— 

12 Section 404a(c)(3) of title 37, United States Code, is 

13 amended by striking ‘‘20 days’’ and inserting ‘‘60 days’’. 

14 (b) EXTENSION OF AUTHORITY FOR INCREASE IN

15 CERTAIN BAH.—Section 403(b)(7)(E) of such title is 

16 amended by striking ‘‘December 31, 2008’’ and inserting 

17 ‘‘December 31, 2009’’. 

18 SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RE19 SERVE COMPONENT MEMBERS EXPERI20 ENCING EXTENDED AND FREQUENT MOBILI21 ZATION FOR ACTIVE DUTY SERVICE. 

22 (a) CLARIFICATION REGARDING WHEN PAYMENTS

23 REQUIRED.—Subsection (a) of section 910 of title 37, 

24 United States Code, is amended by inserting before the 

25 period at the end of the first sentence the following: ‘‘, 


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1 when the total monthly military compensation of the mem2 ber is less than the average monthly civilian income of the 

3 member’’. 

4 (b) ELIGIBILITY.—Subsection (b) of such section is 

5 amended to read as follows: 

6 ‘‘(b) ELIGIBILITY.—(1) A member of a reserve com7 ponent is entitled to a payment under this section for any 

8 full month of active duty of the member, when the total 

9 monthly military compensation of the member is less than 

10 the average monthly civilian income of the member, while 

11 the member is on active duty under an involuntary mobili12 zation order, following the date on which the member— 

13 ‘‘(A) completes 547 continuous days of service 

14 on active duty under an involuntary mobilization 

15 order; 

16 ‘‘(B) completes 730 cumulative days on active 

17 duty under an involuntary mobilization order during 

18 the previous 1,826 days; or 

19 ‘‘(C) is involuntarily mobilized for service on ac20 tive duty for a period of 180 days or more within 

21 180 days after the date of the member’s separation 

22 from a previous period of active duty for a period of 

23 180 days or more. 

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1 mence or, if previously commenced under paragraph (1), 

2 shall continue if the member— 

3 ‘‘(A) satisfies the required number of days on 

4 active duty specified in subparagraph (A) or (B) of 

5 paragraph (1) or was involuntarily mobilized as pro6 vided in subparagraph (C) of such paragraph; and 

7 ‘‘(B) is retained on active duty under subpara8 graph (A) or (B) of section 12301(h)(1) of title 10 

9 because of an injury or illness incurred or aggra10 vated while the member was assigned to duty in an 

11 area for which special pay under section 310 of this 

12 title is available.’’. 

13 (c) TERMINATION OF AUTHORITY.—Subsection (g) of 

14 such section is amended to read as follows: 

15 ‘‘(g) TERMINATION.—No payment shall be made to 

16 a member under this section for months beginning after 

17 December 31, 2008, unless the entitlement of the member 

18 to payments under this section commenced on or before 

19 that date.’’. 

20 SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CON21 TRIBUTIONS OF MEMBERS OF THE UNI22 FORMED SERVICES PARTICIPATING IN 

23 THRIFT SAVINGS PLAN. 

24 (a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CON25 TRIBUTIONS.—Section 1014 of title 37, United States 


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1 Code, is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(c) With respect to a member of the uniformed serv4 ices who has elected to participate in the Thrift Savings 

5 Plan under section 211 of this title, subsection (a) does 

6 not preclude the payment of an amount equal to one-half 

7 of the monthly deposit to the Thrift Savings Fund other8 wise to be made by the member in participating in the 

9 Plan, which amount may be deposited in the Thrift Sav10 ings Fund at midmonth.’’. 

11 (b) SEMI-MONTHLY REPAYMENT OF BORROWED

12 AMOUNTS.—Section 211 of such title is amended by add13 ing at the end the following new subsection: 

14 ‘‘(e) REPAYMENT OF AMOUNTS BORROWED FROM

15 MEMBER ACCOUNT.—If a loan is issued to a member 

16 under section 8433(g) of title 5 from funds in the mem17 ber’s account in the Thrift Savings Plan, repayment of 

18 the loan may be required on the same semi-monthly basis 

19 as authorized for contributions to the Thrift Savings Fund 

20 on behalf of the member under section 1014(c) of this 

21 title.’’. 


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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAY4 MENT OF BONUSES, SPECIAL PAYS, AND SIMI5 LAR BENEFITS FOR MEMBERS OF THE UNI6 FORMED SERVICES. 

7 (a) RETROACTIVE EFFECTIVE DATE FOR PAYMENT

8 AUTHORITIES.—The amendments made by sections 611, 

9 612, 613, and 614 shall take effect as of December 31, 

10 2007. 

11 (b) RATIFICATION OF EXISTING CONTINGENT

12 AGREEMENTS.—In the case of a provision of title 10 or 

13 37, United States Code, amended by section 611, 612, 

14 613, or 614 under which an individual must enter into 

15 an agreement with the Secretary concerned for receipt of 

16 a bonus, special pay, or similar benefit, the Secretary con17 cerned may treat any agreement entered into under such 

18 a provision during the period beginning on January 1, 

19 2008, and ending on the date of the enactment of this 

20 Act as having taken effect as of the date on which the 

21 agreement was signed by the individual. 

22 (c) TEMPORARY ADDITIONAL AGREEMENT AUTHOR23 ITY.— 

24 (1) AUTHORITY.—In the case of a provision of 

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1 tion 611, 612, 613, or 614 under which an indi2 vidual must enter into an agreement with the Sec3 retary concerned for receipt of a bonus, special pay, 

4 or similar benefit, the Secretary concerned, during 

5 the 120-day period beginning on the date of the en6 actment of this Act, may treat any agreement en7 tered into under such a provision by an individual 

8 described in paragraph (2) as having been signed by 

9 the individual during the period beginning on Janu10 ary 1, 2008, and ending on the date of the enact11 ment of this Act. 

12 (2) COVERED INDIVIDUALS.—An individual re13 ferred to in paragraph (1) is an individual who 

14 would have met all of the qualifications for a bonus, 

15 special pay, or similar benefit under a provision of 

16 title 10 or 37, United States Code, amended by sec17 tion 611, 612, 613, or 614 at any time during the 

18 period beginning on January 1, 2008, and ending on 

19 the date of the enactment of this Act, but for the 

20 fact that the statutory authority for the bonus, spe21 cial pay, or similar benefit lapsed on December 31, 

22 2007. 

23 (d) TAX TREATMENT.—The payment of a bonus, spe24 cial pay, or similar benefit under a provision of title 10 

25 or 37, United States Code, amended by section 611, 612, 


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1 613, or 614 to an individual who would have been entitled 

2 to the tax treatment accorded by section 112 of the Inter3 nal Revenue Code of 1986 on the date on which the mem4 ber would have otherwise earned the bonus, special pay, 

5 or similar benefit, but for the fact that the statutory au6 thority for the bonus, special pay, or similar benefit lapsed 

7 on December 31, 2007, shall be treated as covered by such 

8 section 112. 

9 (e) RETROACTIVE IMPLEMENTATION OF ARMY RE10 FERRAL BONUS.—The Secretary of the Army may pay a 

11 bonus under section 3252 of title 10, United States Code, 

12 as added by section 671(a)(1), to an individual referred 

13 to in subsection (a)(2) of such section 3252 who made 

14 a referral, as described in subsection (b) of such section 

15 3252, to an Army recruiter during the period beginning 

16 on January 1, 2008, and ending on the date of the enact17 ment of this Act. 

18 (f) SECRETARY CONCERNED DEFINED.—In this sec19 tion, the term ‘‘Secretary concerned’’ has the meaning 

20 given that term in section 101(5) of title 37, United States 

21 Code. 

22 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

23 PAY AUTHORITIES FOR RESERVE FORCES. 

24 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

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1 ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De2 cember 31, 2008’’. 

3 (b) SELECTED RESERVE AFFILIATION OR ENLIST4 MENT BONUS.—Section 308c(i) of such title is amended 

5 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem6 ber 31, 2008’’. 

7 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS8 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

9 308d(c) of such title is amended by striking ‘‘December 

10 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

11 (d) READY RESERVE ENLISTMENT BONUS FOR PER12 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

13 such title is amended by striking ‘‘December 31, 2007’’ 

14 and inserting ‘‘December 31, 2008’’. 

15 (e) READY RESERVE ENLISTMENT AND REENLIST16 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec17 tion 308h(e) of such title is amended by striking ‘‘Decem18 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

19 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

20 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

21 title is amended by striking ‘‘December 31, 2007’’ and in22 serting ‘‘December 31, 2008’’. 


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1 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

2 PAY AUTHORITIES FOR HEALTH CARE PRO3 FESSIONALS. 

4 (a) NURSE OFFICER CANDIDATE ACCESSION PRO5 GRAM.—Section 2130a(a)(1) of title 10, United States 

6 Code, is amended by striking ‘‘December 31, 2007’’ and 

7 inserting ‘‘December 31, 2008’’. 

8 (b) REPAYMENT OF EDUCATION LOANS FOR CER9 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE10 LECTED RESERVE.—Section 16302(d) of such title is 

11 amended by striking ‘‘January 1, 2008’’ and inserting 

12 ‘‘January 1, 2009’’. 

13 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

14 Section 302d(a)(1) of title 37, United States Code, is 

15 amended by striking ‘‘December 31, 2007’’ and inserting 

16 ‘‘December 31, 2008’’. 

17 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES18 THETISTS.—Section 302e(a)(1) of such title is amended 

19 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem20 ber 31, 2008’’. 

21 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

22 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE23 CIALTIES.—Section 302g(e) of such title is amended by 

24 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

25 31, 2008’’. 


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1 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

2 Section 302h(a)(1) of such title is amended by striking 

3 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

4 2008’’. 

5 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

6 Section 302j(a) of such title is amended by striking ‘‘De7 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

8 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

9 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

10 302k(f) of such title is amended by striking ‘‘December 

11 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

12 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OF13 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

14 Section 302l(g) of such title is amended by striking ‘‘De15 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

16 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU17 THORITIES FOR NUCLEAR OFFICERS. 

18 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI19 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

20 312(f) of title 37, United States Code, is amended by 

21 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

22 31, 2008’’. 

23 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

24 312b(c) of such title is amended by striking ‘‘December 

25 31, 2007’’ and inserting ‘‘December 31, 2008’’. 


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1 (c) NUCLEAR CAREER ANNUAL INCENTIVE

2 BONUS.—Section 312c(d) of such title is amended by 

3 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

4 31, 2008’’. 

5 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY6 MENT OF OTHER BONUSES AND SPECIAL 

7 PAYS. 

8 (a) AVIATION OFFICER RETENTION BONUS.—Sec9 tion 301b(a) of title 37, United States Code, is amended 

10 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem11 ber 31, 2008’’. 

12 (b) REENLISTMENT BONUS FOR ACTIVE MEM13 BERS.—Section 308(g) of such title is amended by strik14 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

15 2008’’. 

16 (c) ENLISTMENT BONUS.—Section 309(e) of such 

17 title is amended by striking ‘‘December 31, 2007’’ and in18 serting ‘‘December 31, 2008’’. 

19 (d) RETENTION BONUS FOR MEMBERS WITH CRIT20 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

21 UNITS.—Section 323(i) of such title is amended by strik22 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

23 2008’’. 

24 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT25 ICAL SKILLS.—Section 324(g) of such title is amended by 


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1 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

2 31, 2008’’. 

3 (f) INCENTIVE BONUS FOR CONVERSION TO MILI4 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

5 SHORTAGE.—Section 326(g) of such title is amended by 

6 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

7 31, 2008’’. 

8 (g) ACCESSION BONUS FOR OFFICER CAN9 DIDATES.—Section 330(f) of such title is amended by 

10 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

11 31, 2008’’. 

12 (h) PROHIBITION ON CHARGES FOR MEALS RE13 CEIVED AT MILITARY TREATMENT FACILITIES BY MEM14 BERS RECEIVING CONTINUOUS CARE.—Section 402(h)(3) 

15 of such title is amended by striking ‘‘December 31, 2007’’ 

16 and inserting ‘‘December 31, 2008’’. 

17 SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND 

18 MULTIYEAR RETENTION BONUS FOR MED19 ICAL OFFICERS. 

20 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 

21 title 37, United States Code, is amended by striking 

22 ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

23 (b) MULTIYEAR RETENTION BONUS.—Section 

24 301d(a)(2) of title 37, United States Code, is amended 

25 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to agreements entered 

3 into under section 301d(a) or 302b(c) of title 37, United 

4 States Code, on or after the date of the enactment of this 

5 Act. 

6 SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE7 CIAL PAY. 

8 (a) INCREASE.—Section 302b(a)(4) of title 37, 

9 United States Code, is amended— 

10 (1) in the matter preceding subparagraph (A), 

11 by striking ‘‘at the following rates’’ and inserting 

12 ‘‘at a rate determined by the Secretary concerned, 

13 which rate may not exceed the following’’; 

14 (2) in subparagraph (A), by striking ‘‘$4,000’’ 

15 and inserting ‘‘$10,000’’; and 

16 (3) in subparagraph (B), by striking ‘‘$6,000’’ 

17 and inserting ‘‘$12,000’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to agreements entered 

20 into under section 302b(b) of title 37, United States Code, 

21 on or after the date of the enactment of this Act. 


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1 SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF 

2 HARDSHIP DUTY PAY AND AUTHORITY TO 

3 PROVIDE HARDSHIP DUTY PAY IN A LUMP 

4 SUM. 

5 Section 305 of title 37, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 305. Special pay: hardship duty pay 

8 ‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a 

9 uniformed service who is entitled to basic pay may be paid 

10 special pay under this section while the member is per11 forming duty that is designated by the Secretary of De12 fense as hardship duty. 

13 ‘‘(b) PAYMENT ON MONTHLY OR LUMP SUM

14 BASIS.—Special pay payable under this section may be 

15 paid on a monthly basis or in a lump sum. 

16 ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The monthly 

17 rate of special pay payable to a member under this section 

18 may not exceed $1,500. 

19 ‘‘(2) The amount of the lump sum payment of special 

20 pay payable to a member under this section may not ex21 ceed the product of— 

22 ‘‘(A) the maximum monthly rate in effect under 

23 paragraph (1) at the time the member qualifies for 

24 payment of special pay under this section; and 


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1 ‘‘(B) the number of months during which the 

2 member will be performing the designated hardship 

3 duty. 

4 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW5 ANCES.—Special pay paid to a member under this section 

6 is in addition to any other pay and allowances to which 

7 the member is entitled. 

8 ‘‘(e) REPAYMENT.—A member who is paid special 

9 pay in a lump sum under this section, but who fails to 

10 perform the designated hardship duty during the months 

11 included in the calculation of the amount of the lump sum 

12 under subsection (c)(2), shall be subject to the repayment 

13 provisions of section 303a(e) of this title. 

14 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

15 prescribe regulations for the payment of hardship duty 

16 pay under this section, including the specific monthly rates 

17 at which the special pay will be available.’’. 

18 SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY 

19 TO INCLUDE SERVICE AS OFF-CYCLE CREW20 MEMBERS OF MULTI-CREW SHIPS. 

21 Section 305a(e)(1)(A) of title 37, United States 

22 Code, is amended— 

23 (1) by striking ‘‘or’’ at the end of clause (ii); 

24 and 


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1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(iv) while serving as an off-cycle crew4 member of a multi-crewed ship; or’’. 

5 SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE 

6 SELECTED RESERVE. 

7 (a) MINIMUM TERM OF REENLISTMENT OR ENLIST8 MENT EXTENSION.—Subsection (a)(2) of 308b of title 37, 

9 United States Code, is amended by striking ‘‘his enlist10 ment for a period of three years or for a period of six 

11 years’’ and inserting ‘‘an enlistment for a period of at 

12 least three years’’. 

13 (b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) 

14 of such section is amended by striking ‘‘may not exceed’’ 

15 and all that follows through the end of the paragraph and 

16 inserting ‘‘may not exceed $15,000.’’. 

17 (c) CONFORMING AMENDMENTS REGARDING ELIGI18 BILITY REQUIREMENTS.—Subsection (c) of such section 

19 is amended— 

20 (1) by striking the subsection heading and all 

21 that follows through ‘‘(2) In the case’’ and inserting 

22 ‘‘WAIVER OF CONDITION ON ELIGIBILITY.—In the 

23 case’’; and 

24 (2) by striking ‘‘paragraph (1)(B) or’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to reenlistments or 

3 extensions of enlistment that occur on or after the date 

4 of the enactment of this Act. 

5 SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCES6 SION BONUS FOR PERSONS WHO PRE7 VIOUSLY SERVED IN THE ARMED FORCES 

8 FOR A SHORT PERIOD. 

9 Section 308c(c)(1) of title 37, United States Code, 

10 is amended by inserting before the semicolon the following: 

11 ‘‘or has served in the armed forces, but was released from 

12 such service before completing the basic training require13 ments of the armed force of which the person was a mem14 ber and the service was characterized as either honorable 

15 or uncharacterized’’. 

16 SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINU17 ATION PAY FOR OFFICERS WITH MORE THAN 

18 26 YEARS OF COMMISSIONED SERVICE. 

19 (a) INCREASE.—Section 312 of title 37, United 

20 States Code, is amended— 

21 (1) in subsection (a)(3), by striking ‘‘26 years’’ 

22 and inserting ‘‘30 years’’; and 

23 (2) in subsection (e)(1), by striking ‘‘the end of 

24 26 years of commissioned service’’ and inserting 


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1 ‘‘the maximum number of years of commissioned 

2 service authorized by subsection (a)(3)’’. 

3 (b) EFFECT ON EXISTING AGREEMENTS.—The Sec4 retary of the Navy and an officer of the naval service who 

5 is a party to an agreement under section 312 of title 37, 

6 United States Code, that was entered into before the date 

7 of the enactment of this Act may revise the agreement 

8 to reflect the new limitation on the number of years of 

9 commissioned service that the officer may serve while re10 maining eligible for special pay under such section. 

11 SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON 

12 RECEIPT OF CRITICAL SKILLS RETENTION 

13 BONUS. 

14 Section 323(e) of title 37, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(4) The Secretary of Defense, or the Secretary of 

18 Homeland Security with respect to the Coast Guard when 

19 it is not operating as a service in the Navy, may waive 

20 the limitations in paragraph (1) with respect to a member 

21 who, during the period of active duty or service in an ac22 tive status in a reserve component for which the bonus 

23 is being offered, is assigned duties in a skill designated 

24 as critical under subsection (b)(1). The authority to grant 

25 a waiver under this paragraph may not be delegated below 


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1 the Under Secretary of Defense for Personnel and Readi2 ness or the Deputy Secretary of the Department of Home3 land Security.’’. 

4 SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE 

5 ARMED FORCES HEALTH PROFESSIONS 

6 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

7 PROGRAM. 

8 (a) ACCESSION BONUS AUTHORIZED.—Subchapter I 

9 of chapter 105 of title 10, United States Code, is amended 

10 by adding at the end the following new section: 

11 ‘‘§ 2128. Accession bonus for members of the program 

12 ‘‘(a) AVAILABILITY OF BONUS.—The Secretary of 

13 Defense may offer a person who enters into an agreement 

14 under section 2122(a)(2) of this title an accession bonus 

15 of not more than $20,000 as part of the agreement. 

16 ‘‘(b) RELATION TO OTHER PAYMENTS.—An acces17 sion bonus paid a person under this section is in addition 

18 to any other amounts payable to the person under this 

19 subchapter. 

20 ‘‘(c) REPAYMENT.—A person who receives an acces21 sion bonus under this section, but fails to comply with the 

22 agreement under section 2122(a)(2) of this title or to com23 mence or complete the active duty obligation imposed by 

24 section 2123 of this title, shall be subject to the repayment 

25 provisions of section 303a(e) of title 37.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such subchapter is amended by adding 

3 at the end the following new item: 

‘‘2128. Accession bonus for members of the program.’’. 

4 (c) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall apply with respect to agreements en6 tered into under section 2122(a)(2) of title 10, United 

7 States Code, on or after the date of the enactment of this 

8 Act. 

9 SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR 

10 RESERVE MEMBERS SERVING IN COMBAT 

11 ZONE FOR MORE THAN 22 MONTHS. 

12 (a) PAYMENT.—The Secretary of a military depart13 ment may pay assignment incentive pay under section 

14 307a of title 37, United States Code, to a member of a 

15 reserve component under the jurisdiction of the Secretary 

16 for each month during the eligibility period of the member 

17 determined under subsection (b) during which the member 

18 served for any portion of the month in a combat zone asso19 ciated with Operating Enduring Freedom or Operation 

20 Iraqi Freedom in excess of 22 months of qualifying serv21 ice. 

22 (b) ELIGIBILITY PERIOD.—The eligibility period for 

23 a member extends from January 1, 2005, through the end 

24 of the active duty service of the member in a combat zone 

25 associated with Operating Enduring Freedom or OperVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ation Iraqi Freedom if the service on active duty during 

2 the member’s most recent period of mobilization to active 

3 duty began before January 19, 2007. 

4 (c) AMOUNT OF PAYMENT.—The monthly rate of in5 centive pay payable to a member under this section is 

6 $1,000. 

7 (d) QUALIFYING SERVICE.—For purposes of this sec8 tion, qualifying service includes cumulative mobilized serv9 ice on active duty under sections 12301(d), 12302, and 

10 12304 of title 10, United States Code, during the period 

11 beginning on January 1, 2003, through the end of the 

12 member’s active duty service during the member’s most 

13 recent period of mobilization to active duty beginning be14 fore January 19, 2007. 

15 Subtitle C—Travel and 

16 Transportation Allowances 

17 SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL 

18 COSTS FOR CERTAIN SELECTED RESERVE 

19 MEMBERS. 

20 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

21 (1) IN GENERAL.—Chapter 7 of title 37, United 

22 States Code, is amended by inserting after section 

23 408 the following new section: 


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1 ‘‘§ 408a. Travel and transportation allowances: inac2 tive duty training outside of normal com3 muting distances 

4 ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary con5 cerned may reimburse an eligible member of the Selected 

6 Reserve of the Ready Reserve for travel expenses for travel 

7 to an inactive duty training location to perform inactive 

8 duty training when the member is required to commute 

9 a distance from the member’s permanent residence to the 

10 inactive duty training location that is outside the normal 

11 commuting distance (as determined under the regulations 

12 prescribed under subsection (d)) for that commute. 

13 ‘‘(b) ELIGIBLE MEMBERS.—To be eligible for reim14 bursement under subsection (a), a member of the Selected 

15 Reserve of the Ready Reserve must be— 

16 ‘‘(1) qualified in a skill designated as critically 

17 short by the Secretary concerned; 

18 ‘‘(2) assigned to a unit of the Selected Reserve 

19 with a critical manpower shortage or in a pay grade 

20 in the member’s reserve component with a critical 

21 manpower shortage; or 

22 ‘‘(3) assigned to a unit or position that is dis23 established or relocated as a result of defense base 

24 closure or realignment or another force structure re25 allocation. 


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1 ‘‘(c) MAXIMUM REIMBURSEMENT AMOUNT.—The 

2 amount of reimbursement provided a member under sub3 section (a) for each round trip to a training location may 

4 not exceed $300. 

5 ‘‘(d) REGULATIONS.—The Secretary concerned shall 

6 prescribe regulations to carry out this section. Regulations 

7 prescribed by the Secretary of a military department shall 

8 be subject to the approval of the Secretary of Defense. 

9 ‘‘(e) TERMINATION.—No reimbursement may be pro10 vided under this section for travel that occurs after De11 cember 31, 2010.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 7 of such title is 

14 amended by inserting after the item relating to sec15 tion 408 the following new item: 

‘‘408a. Travel and transportation allowances: inactive duty training outside of 

normal commuting distances.’’. 

16 (b) APPLICATION OF AMENDMENT.—No reimburse17 ment may be provided under section 408a of title 37, 

18 United States Code, as added by subsection (a), for travel 

19 costs incurred before the date of the enactment of this 

20 Act. 


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1 SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE 

2 FOR TRANSPORTATION TO ATTEND BURIAL 

3 CEREMONIES. 

4 (a) ELIGIBLE RELATIVES.—Paragraph (1) of section 

5 411f(c) of title 37, United States Code, is amended— 

6 (1) by striking subparagraph (B) and inserting 

7 the following new subparagraph: 

8 ‘‘(B) The child or children of the deceased 

9 member (including stepchildren, adopted children, 

10 and illegitimate children).’’; and 

11 (2) by adding at the end the following new sub12 paragraphs: 

13 ‘‘(D) The sibling or siblings of the deceased 

14 member. 

15 ‘‘(E) The person who directs the disposition of 

16 the remains of the deceased member under section 

17 1482(c) of title 10 or, in the case of a deceased 

18 member whose remains are commingled and buried 

19 in a common grave in a national cemetery, the per20 son who would have been designated under such sec21 tion to direct the disposition of the remains if indi22 vidual identification had been made.’’. 

23 (b) OTHER PERSONS.—Paragraph (2) of such section 

24 is amended to read as follows: 

25 ‘‘(2) If no person described in subparagraphs (A) 

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1 portation allowances under subsection (a)(1), the travel 

2 and transportation allowances may be provided to one or 

3 two other persons who are closely related to the deceased 

4 member and are selected by the person referred to in para5 graph (1)(E). A person provided travel and transportation 

6 allowances under this paragraph is in addition to the per7 son referred to in paragraph (1)(E).’’. 

8 SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES 

9 IN ELECTRONIC SCREENING. 

10 (a) ALLOWANCE FOR PARTICIPATION IN ELEC11 TRONIC SCREENING.— 

12 (1) IN GENERAL.—Chapter 7 of title 37, United 

13 States Code, is amended by inserting after section 

14 433 the following new section: 

15 ‘‘§ 433a. Allowance for participation in Ready Re16 serve screening 

17 ‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under regula18 tions prescribed by the Secretaries concerned, a member 

19 of the Individual Ready Reserve may be paid a stipend 

20 for participation in the screening performed pursuant to 

21 section 10149 of title 10, in lieu of muster duty performed 

22 under section 12319 of title 10, if such participation is 

23 conducted through electronic means. 

24 ‘‘(2) The stipend paid a member under this section 

25 shall constitute the sole monetary allowance authorized for 


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1 participation in the screening described in paragraph (1), 

2 and shall constitute payment in full to the member for 

3 participation in such screening, regardless of the grade or 

4 rank in which the member is serving. 

5 ‘‘(b) MAXIMUM PAYMENT.—The aggregate amount 

6 of the stipend paid a member of the Individual Ready Re7 serve under this section in any calendar year may not ex8 ceed $50. 

9 ‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend 

10 authorized by this section may not be disbursed in kind. 

11 ‘‘(2) Payment of a stipend to a member of the Indi12 vidual Ready Reserve under this section for participation 

13 in screening shall be made on or after the date of partici14 pation in such screening, but not later than 30 days after 

15 such date.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 7 of such title is 

18 amended by inserting after the item relating to sec19 tion 433 the following new item: 

‘‘433a. Allowance for participation in Ready Reserve screening.’’. 

20 (b) BAR TO DUAL COMPENSATION.—Section 206 of 

21 such title is amended by adding at the end the following 

22 new subsection: 

23 ‘‘(f) A member of the Individual Ready Reserve is 

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1 pation in screening for which the member is paid a stipend 

2 under section 433a of this title.’’. 

3 (c) BAR TO RETIREMENT CREDIT.—Section 

4 12732(b) of title 10, United States Code, is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(8) Service in the screening performed pursu7 ant to section 10149 of this title through electronic 

8 means, regardless of whether or not a stipend is 

9 paid the member concerned for such service under 

10 section 433a of title 37.’’. 

11 SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEM12 BERS OF THE ARMED FORCES TRAVELING IN 

13 CONNECTION WITH MEDICAL EVACUATION. 

14 Section 1047(a) of title 10, United States Code, is 

15 amended by inserting ‘‘and luggage’’ after ‘‘civilian cloth16 ing’’ both places it appears. 

17 SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RE18 SERVE OFFICERS’ TRAINING CORPS IN19 STRUCTORS IN HARD-TO-FILL POSITIONS. 

20 Section 2031 of title 10, United States Code, is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(f)(1) When determined by the Secretary of the mili24 tary department concerned to be in the national interest 

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1 tion may reimburse a Junior Reserve Officers’ Training 

2 Corps instructor for moving expenses incurred by the in3 structor to accept employment at the institution in a posi4 tion that the Secretary concerned determines is hard-to5 fill for geographic or economic reasons. 

6 ‘‘(2) As a condition on providing reimbursement 

7 under paragraph (1), the institution shall require the in8 structor to execute a written agreement to serve a min9 imum of two years of employment at the institution in the 

10 hard-to-fill position. 

11 ‘‘(3) Any reimbursement provided to an instructor 

12 under paragraph (1) is in addition to the minimum in13 structor pay otherwise payable to the instructor. 

14 ‘‘(4) The Secretary concerned shall reimburse an in15 stitution providing reimbursement to an instructor under 

16 paragraph (1) in an amount equal to the amount of the 

17 reimbursement paid by the institution under that para18 graph. Any reimbursement provided by the Secretary con19 cerned shall be provided from funds appropriated for that 

20 purpose. 

21 ‘‘(5) The provision of reimbursement under para22 graph (1) or (4) shall be subject to regulations prescribed 

23 by the Secretary of Defense for purposes of this sub24 section.’’. 


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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COM4 PENSATION ELIGIBILITY. 

5 (a) EXPANDED ELIGIBILITY FOR CHAPTER 61 MILI6 TARY RETIREES.—Subsection (c) of section 1413a of title 

7 10, United States Code, is amended by striking ‘‘entitled 

8 to retired pay who—’’ and all that follows and inserting 

9 ‘‘who— 

10 ‘‘(1) is entitled to retired pay (other than by 

11 reason of section 12731b of this title); and 

12 ‘‘(2) has a combat-related disability.’’. 

13 (b) COMPUTATION.—Paragraph (3) of subsection (b) 

14 of such section is amended— 

15 (1) by striking ‘‘In the case of’’ and inserting 

16 the following: 

17 ‘‘(A) GENERAL RULE.—In the case of’’; 

18 and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(B) SPECIAL RULE FOR RETIREES WITH

22 FEWER THAN 20 YEARS OF SERVICE.—In the 

23 case of an eligible combat-related disabled uni24 formed services retiree who is retired under 

25 chapter 61 of this title with fewer than 20 


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1 years of creditable service, the amount of the 

2 payment under paragraph (1) for any month 

3 shall be reduced by the amount (if any) by 

4 which the amount of the member’s retired pay 

5 under chapter 61 of this title exceeds the 

amount equal to 21 6 ⁄2 percent of the member’s 

7 years of creditable service multiplied by the 

8 member’s retired pay base under section 

9 1406(b)(1) or 1407 of this title, whichever is 

10 applicable to the member.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on January 1, 2008, and shall 

13 apply to payments for months beginning on or after that 

14 date. 

15 SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CON16 NECTED DISABILITIES RATED AS TOTAL BY 

17 REASON OF UNEMPLOYABILITY UNDER TER18 MINATION OF PHASE-IN OF CONCURRENT RE19 CEIPT OF RETIRED PAY AND VETERANS’ DIS20 ABILITY COMPENSATION. 

21 (a) INCLUSION OF VETERANS.—Section 1414(a)(1) 

22 of title 10, United States Code, is amended by striking 

23 ‘‘except that’’ and all that follows and inserting ‘‘except 

24 that payment of retired pay is subject to subsection (c) 


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1 only during the period beginning on January 1, 2004, and 

2 ending on December 31, 2004, in the case of the following: 

3 ‘‘(A) A qualified retiree receiving veterans’ 

4 disability compensation for a disability rated as 

5 100 percent. 

6 ‘‘(B) A qualified retiree receiving veterans’ 

7 disability compensation at the rate payable for 

8 a 100 percent disability by reason of a deter9 mination of individual unemployability.’’. 

10 (b) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—Subject to paragraph (2), 

12 the amendment made by subsection (a) shall take ef13 fect as of December 31, 2004. 

14 (2) TIMING OF PAYMENT OF RETROACTIVE

15 BENEFITS.—Any amount payable for a period before 

16 October 1, 2008, by reason of the amendment made 

17 by subsection (a) shall not be paid until after that 

18 date. 

19 SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PRE20 VIOUSLY PAID, BUT SUBJECT TO OFFSET FOR 

21 DEPENDENCY AND INDEMNITY COMPENSA22 TION. 

23 (a) LIMITATION ON RECOUPMENT; NOTIFICATION

24 REQUIREMENTS.—Section 1450(c) of title 10, United 


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1 States Code, is amended by adding at the end the fol2 lowing new paragraph: 

3 ‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET

4 AMOUNT.—Any amount subject to offset under this 

5 subsection that was previously paid to the surviving 

6 spouse or former spouse shall be recouped only to 

7 the extent that the amount paid exceeds any amount 

8 to be refunded under subsection (e). In notifying a 

9 surviving spouse or former spouse of the recoupment 

10 requirement, the Secretary shall provide the spouse 

11 or former spouse— 

12 ‘‘(A) a single notice of the net amount to 

13 be recouped or the net amount to be refunded, 

14 as applicable, under this subsection or sub15 section (e); 

16 ‘‘(B) a written explanation of the statutory 

17 requirements for recoupment of the offset 

18 amount and for refund of any applicable 

19 amount deducted from retired pay; 

20 ‘‘(C) a detailed accounting of how the off21 set amount being recouped and retired pay de22 duction amount being refunded were calculated; 

23 and 

24 ‘‘(D) contact information for a person who 

25 can provide information about the offset 


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1 recoupment and retired pay deduction refund 

2 processes and answer questions the surviving 

3 spouse or former spouse may have about the re4 quirements, processes, or amounts.’’. 

5 (b) APPLICATION.—Paragraph (3) of subsection (c) 

6 of section 1450 of title 10, United States Code, as added 

7 by subsection (a), shall apply with respect to the 

8 recoupment on or after April 1, 2008, of amounts subject 

9 to offset under such subsection. 

10 SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 

11 PERSONS AFFECTED BY REQUIRED SUR12 VIVOR BENEFIT PLAN ANNUITY OFFSET FOR 

13 DEPENDENCY AND INDEMNITY COMPENSA14 TION. 

15 Section 1450 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 

19 ‘‘(1) PROVISION OF ALLOWANCE.—The Sec20 retary concerned shall pay a monthly special sur21 vivor indemnity allowance under this subsection to 

22 the surviving spouse or former spouse of a member 

23 of the uniformed services to whom section 1448 of 

24 this title applies if— 


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1 ‘‘(A) the surviving spouse or former spouse 

2 is entitled to dependency and indemnity com3 pensation under section 1311(a) of title 38; 

4 ‘‘(B) except for subsection (c) of this sec5 tion, the surviving spouse or former spouse is 

6 eligible for an annuity by reason of a partici7 pant in the Plan under section 1448(a)(1) of 

8 this title; and 

9 ‘‘(C) the eligibility of the surviving spouse 

10 or former spouse for an annuity as described in 

11 subparagraph (B) is affected by subsection (c) 

12 of this section. 

13 ‘‘(2) AMOUNT OF PAYMENT.—Subject to para14 graph (3), the amount of the allowance paid to an 

15 eligible survivor under paragraph (1) for a month 

16 shall be equal to— 

17 ‘‘(A) for months during fiscal year 2009, 

18 $50; 

19 ‘‘(B) for months during fiscal year 2010, 

20 $60; 

21 ‘‘(C) for months during fiscal year 2011, 

22 $70; 

23 ‘‘(D) for months during fiscal year 2012, 

24 $80; 


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1 ‘‘(E) for months during fiscal year 2013, 

2 $90; and 

3 ‘‘(F) for months after fiscal year 2013, 

4 $100. 

5 ‘‘(3) LIMITATION.—The amount of the allow6 ance paid to an eligible survivor under paragraph 

7 (1) for any month may not exceed the amount of the 

8 annuity for that month that is subject to offset 

9 under subsection (c). 

10 ‘‘(4) STATUS OF PAYMENTS.—An allowance 

11 paid under this subsection does not constitute an an12 nuity, and amounts so paid are not subject to ad13 justment under any other provision of law. 

14 ‘‘(5) SOURCE OF FUNDS.—The special survivor 

15 indemnity allowance shall be paid from amounts in 

16 the Department of Defense Military Retirement 

17 Fund established under section 1461 of this title. 

18 ‘‘(6) EFFECTIVE DATE AND DURATION.—This 

19 subsection shall only apply with respect to the 

20 month beginning on October 1, 2008, and subse21 quent months through the month ending on Feb22 ruary 28, 2016. Effective on March 1, 2016, the au23 thority provided by this subsection shall terminate. 

24 No special survivor indemnity allowance may be paid 

25 to any person by reason of this subsection for any 


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1 period before October 1, 2008, or beginning on or 

2 after March 1, 2016.’’. 

3 SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF 

4 THE ARMED FORCES TO DESIGNATE RECIPI5 ENTS FOR PAYMENT OF DEATH GRATUITY. 

6 (a) AUTHORITY TO DESIGNATE RECIPIENTS.—Sec7 tion 1477 of title 10, United States Code, is amended— 

8 (1) by striking subsections (c) and (d); 

9 (2) by redesignating subsection (b) as sub10 section (d) and, in such subsection, by striking 

11 ‘‘Subsection (a)(2)’’ and inserting ‘‘TREATMENT OF

12 CHILDREN.—Subsection (b)(2)’’; and 

13 (3) by striking subsection (a) and inserting the 

14 following new subsections: 

15 ‘‘(a) DESIGNATION OF RECIPIENTS.—(1) On and 

16 after July 1, 2008, or such earlier date as the Secretary 

17 of Defense may prescribe, a person covered by section 

18 1475 or 1476 of this title may designate one or more per19 sons to receive all or a portion of the amount payable 

20 under section 1478 of this title. The designation of a per21 son to receive a portion of the amount shall indicate the 

22 percentage of the amount, to be specified only in 10 per23 cent increments, that the designated person may receive. 

24 The balance of the amount of the death gratuity, if any, 

25 shall be paid in accordance with subsection (b). 


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1 ‘‘(2) If a person covered by section 1475 or 1476 of 

2 this title has a spouse, but designates a person other than 

3 the spouse to receive all or a portion of the amount pay4 able under section 1478 of this title, the Secretary con5 cerned shall provide notice of the designation to the 

6 spouse. 

7 ‘‘(b) DISTRIBUTION OF REMAINDER; DISTRIBUTION

8 IN ABSENCE OF DESIGNATED RECIPIENT.—If a person 

9 covered by section 1475 or 1476 of this title does not 

10 make a designation under subsection (a) or designates 

11 only a portion of the amount payable under section 1478 

12 of this title, the amount of the death gratuity not covered 

13 by a designation shall be paid as follows: 

14 ‘‘(1) To the surviving spouse of the person, if 

15 any. 

16 ‘‘(2) If there is no surviving spouse, to any sur17 viving children (as prescribed by subsection (d)) of 

18 the person and the descendants of any deceased chil19 dren by representation. 

20 ‘‘(3) If there is none of the above, to the sur21 viving parents (as prescribed by subsection (c)) of 

22 the person or the survivor of them. 

23 ‘‘(4) If there is none of the above, to the duly24 appointed executor or administrator of the estate of 

25 the person. 


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1 ‘‘(5) If there is none of the above, to other next 

2 of kin of the person entitled under the laws of domi3 cile of the person at the time of the person’s death. 

4 ‘‘(c) TREATMENT OF PARENTS.—For purposes of 

5 subsection (b)(3), parents include fathers and mothers 

6 through adoption. However, only one father and one moth7 er may be recognized in any case, and preference shall 

8 be given to those who exercised a parental relationship on 

9 the date, or most nearly before the date, on which the de10 cedent entered a status described in section 1475 or 1476 

11 of this title.’’. 

12 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

13 Subsection (e) of such section is amended— 

14 (1) by inserting ‘‘EFFECT OF DEATH BEFORE

15 RECEIPT OF GRATUITY.—’’ after ‘‘(e)’’; 

16 (2) by striking ‘‘subsection (a) or (d)’’ and in17 serting ‘‘subsection (a) or (b)’’; and 

18 (3) by striking ‘‘subsection (a).’’ and inserting 

19 ‘‘subsection (b)’’. 

20 (c) EXISTING DESIGNATION AUTHORITY.—The au21 thority provided by subsection (d) of section 1477 of title 

22 10, United States Code, as in effect on the day before 

23 the date of the enactment of this Act, shall remain avail24 able to persons covered by section 1475 or 1476 of such 

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1 retary of Defense may prescribe, and any designation 

2 under such subsection made before July 1, 2008, or the 

3 earlier date prescribed by the Secretary, shall continue in 

4 effect until such time as the person who made the designa5 tion makes a new designation under such section 1477, 

6 as amended by subsection (a) of this section. 

7 (d) REGULATIONS.— 

8 (1) IN GENERAL.—Not later than April 1, 

9 2008, the Secretary of Defense shall prescribe regu10 lations to implement the amendments to section 

11 1477 of title 10, United States Code, made by sub12 section (a). 

13 (2) ELEMENTS.—The regulations required by 

14 paragraph (1) shall include forms for the making of 

15 the designation contemplated by subsection (a) of 

16 section 1477 of title 10, United States Code, as 

17 amended by subsection (a) of this section, and in18 structions for members of the Armed Forces in the 

19 filling out of such forms. 

20 SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED 

21 PAY MULTIPLIER PERCENTAGE TO MEMBERS 

22 OF THE UNIFORMED SERVICES WITH OVER 30 

23 YEARS OF SERVICE. 

24 (a) COMPUTATION OF RETIRED AND RETAINER PAY

25 FOR MEMBERS OF NAVAL SERVICE.—The table in section 


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1 6333(a) of title 10, United States Code, is amended in 

2 Column 2 of Formula A by striking ‘‘75 percent.’’ and 

3 inserting ‘‘Retired pay multiplier prescribed under section 

4 1409 for the years of service that may be credited to the 

5 member under section 1405.’’. 

6 (b) RETIRED PAY FOR CERTAIN MEMBERS RE7 CALLED TO ACTIVE DUTY.—The table in section 1402(a) 

8 of such title is amended by striking Column 3. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 subsections (a) and (b) shall take effect as of January 1, 

11 2007, and shall apply with respect to retired pay and re12 tainer pay payable on or after that date. 

13 SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR 

14 SERVICE RETIRED PAY BY MEMBERS OF THE 

15 READY RESERVE ON ACTIVE FEDERAL STA16 TUS OR ACTIVE DUTY FOR SIGNIFICANT PE17 RIODS. 

18 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of 

19 title 10, United States Code, is amended— 

20 (1) in subsection (a), by striking paragraph (1) 

21 and inserting the following: 

22 ‘‘(1) has attained the eligibility age applicable 

23 under subsection (f) to that person;’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(f)(1) Subject to paragraph (2), the eligibility age 

2 for purposes of subsection (a)(1) is 60 years of age. 

3 ‘‘(2)(A) In the case of a person who as a member 

4 of the Ready Reserve serves on active duty or performs 

5 active service described in subparagraph (B) after the date 

6 of the enactment of the National Defense Authorization 

7 Act for Fiscal Year 2008, the eligibility age for purposes 

8 of subsection (a)(1) shall be reduced below 60 years of 

9 age by three months for each aggregate of 90 days on 

10 which such person so performs in any fiscal year after 

11 such date, subject to subparagraph (C). A day of duty may 

12 be included in only one aggregate of 90 days for purposes 

13 of this subparagraph. 

14 ‘‘(B)(i) Service on active duty described in this sub15 paragraph is service on active duty pursuant to a call or 

16 order to active duty under a provision of law referred to 

17 in section 101(a)(13)(B) or under section 12301(d) of this 

18 title. Such service does not include service on active duty 

19 pursuant to a call or order to active duty under section 

20 12310 of this title. 

21 ‘‘(ii) Active service described in this subparagraph is 

22 also service under a call to active service authorized by 

23 the President or the Secretary of Defense under section 

24 502(f) of title 32 for purposes of responding to a national 


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1 emergency declared by the President or supported by Fed2 eral funds. 

3 ‘‘(C) The eligibility age for purposes of subsection 

4 (a)(1) may not be reduced below 50 years of age for any 

5 person under subparagraph (A).’’. 

6 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE

7 FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES

8 FOR HEALTH CARE.—Section 1074(b) of such title is 

9 amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) Paragraph (1) does not apply to a member or 

14 former member entitled to retired pay for non-regular 

15 service under chapter 1223 of this title who is under 60 

16 years of age.’’. 

17 (c) ADMINISTRATION OF RELATED PROVISIONS OF

18 LAW OR POLICY.—With respect to any provision of law, 

19 or of any policy, regulation, or directive of the executive 

20 branch that refers to a member or former member of the 

21 uniformed services as being eligible for, or entitled to, re22 tired pay under chapter 1223 of title 10, United States 

23 Code, but for the fact that the member or former member 

24 is under 60 years of age, such provision shall be carried 

25 out with respect to that member or former member by 


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1 substituting for the reference to being 60 years of age a 

2 reference to having attained the eligibility age applicable 

3 under subsection (f) of section 12731 of title 10, United 

4 States Code (as added by subsection (a)), to such member 

5 or former member for qualification for such retired pay 

6 under subsection (a) of such section. 

7 SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PUR8 POSES OF RETIRED PAY FOR NON-REGULAR 

9 SERVICE. 

10 Section 12733(3) of title 10, United States Code, is 

11 amended— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (C), by striking the period 

15 and inserting ‘‘before the year of service that in16 cludes October 30, 2007; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(D) 130 days in the year of service that 

20 includes October 30, 2007, and in any subse21 quent year of service.’’. 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits 

4 SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EX5 CHANGE BENEFITS FOR CERTAIN INVOLUN6 TARILY SEPARATED MEMBERS OF THE 

7 ARMED FORCES. 

8 (a) RESUMPTION FOR MEMBERS INVOLUNTARILY

9 SEPARATED FROM ACTIVE DUTY.—Section 1146 of title 

10 10, United States Code, is amended— 

11 (1) by inserting ‘‘(a) MEMBERS INVOLUN12 TARILY SEPARATED FROM ACTIVE DUTY.—’’ before 

13 ‘‘The Secretary of Defense’’; 

14 (2) in the first sentence, by striking ‘‘October 

15 1, 1990, and ending on December 31, 2001’’ and in16 serting ‘‘October 1, 2007, and ending on December 

17 31, 2012’’; and 

18 (3) in the second sentence, by striking ‘‘the pe19 riod beginning on October 1, 1994, and ending on 

20 December 31, 2001’’ and inserting ‘‘the same pe21 riod’’. 

22 (b) EXTENSION TO MEMBERS INVOLUNTARILY SEPA23 RATED FROM SELECTED RESERVE.—Such section is fur24 ther amended by adding at the end the following new sub25 section: 


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1 ‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM

2 SELECTED RESERVE.—The Secretary of Defense shall 

3 prescribe regulations to allow a member of the Selected 

4 Reserve of the Ready Reserve who is involuntarily sepa5 rated from the Selected Reserve as a result of the exercise 

6 of the force shaping authority of the Secretary concerned 

7 under section 647 of this title or other force shaping au8 thority during the period beginning on October 1, 2007, 

9 and ending on December 31, 2012, to continue to use 

10 commissary and exchange stores during the two-year pe11 riod beginning on the date of the involuntary separation 

12 of the member in the same manner as a member on active 

13 duty. The Secretary of Homeland Security shall imple14 ment this provision for Coast Guard members involun15 tarily separated during the same period.’’. 

16 SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS 

17 FROM PAY OF EMPLOYEES OF NON18 APPROPRIATED FUND INSTRUMENTALITIES 

19 TO COLLECT INDEBTEDNESS TO THE UNITED 

20 STATES. 

21 Section 5514 of title 5, United States Code, is 

22 amended— 

23 (1) in subsection (a)(5), by inserting ‘‘any non24 appropriated fund instrumentality described in sec25 tion 2105(c) of this title,’’ after ‘‘Commission,’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(e) An employee of a nonappropriated fund instru4 mentality described in section 2105(c) of this title is 

5 deemed an employee covered by this section.’’. 

6 Subtitle F—Consolidation of Spe7 cial Pay, Incentive Pay, and 

8 Bonus Authorities 

9 SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE 

10 PAY, AND BONUS AUTHORITIES OF THE UNI11 FORMED SERVICES. 

12 (a) CONSOLIDATION.—Chapter 5 of title 37, United 

13 States Code, is amended— 

14 (1) by inserting before section 301 the following 

15 subchapter heading: 

16 ‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, 

17 INCENTIVE PAY, AND BONUS AUTHORITIES’’; 

18 and 

19 (2) by adding at the end the following new sub20 chapters: 


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1 ‘‘SUBCHAPTER II—CONSOLIDATION OF SPE2 CIAL PAY, INCENTIVE PAY, AND BONUS AU3 THORITIES 

4 ‘‘§ 331. General bonus authority for enlisted members 

5 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec6 retary concerned may pay a bonus under this section to 

7 a person, including a member of the armed forces, who— 

8 ‘‘(1) enlists in an armed force; 

9 ‘‘(2) enlists in or affiliates with a reserve com10 ponent of an armed force; 

11 ‘‘(3) reenlists, voluntarily extends an enlist12 ment, or otherwise agrees to serve— 

13 ‘‘(A) for a specified period in a designated 

14 career field, skill, or unit of an armed force; or 

15 ‘‘(B) under other conditions of service in 

16 an armed force; 

17 ‘‘(4) transfers from a regular component of an 

18 armed force to a reserve component of that same 

19 armed force or from a reserve component of an 

20 armed force to the regular component of that same 

21 armed force; or 

22 ‘‘(5) transfers from a regular component or re23 serve component of an armed force to a regular com24 ponent or reserve component of another armed force, 

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1 diction over the armed force to which the member is 

2 transferring. 

3 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

4 subsection (a) may be paid to a person or member only 

5 if the person or member agrees under subsection (d)— 

6 ‘‘(1) to serve for a specified period in a des7 ignated career field, skill, unit, or grade; or 

8 ‘‘(2) to meet some other condition or conditions 

9 of service imposed by the Secretary concerned. 

10 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY11 MENT.— 

12 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con13 cerned shall determine the amount of a bonus to be 

14 paid under this section, except that— 

15 ‘‘(A) a bonus paid under paragraph (1) or 

16 (2) of subsection (a) may not exceed $50,000 

17 for a minimum two-year period of obligated 

18 service agreed to under subsection (d); 

19 ‘‘(B) a bonus paid under paragraph (3) of 

20 subsection (a) may not exceed $30,000 for each 

21 year of obligated service in a regular component 

22 agreed to under subsection (d); 

23 ‘‘(C) a bonus paid under paragraph (3) of 

24 subsection (a) may not exceed $15,000 for each 


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1 year of obligated service in a reserve component 

2 agreed to under subsection (d); and 

3 ‘‘(D) a bonus paid under paragraph (4) or 

4 (5) of subsection (a) may not exceed $10,000. 

5 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

6 under this section may be paid in a lump sum or in 

7 periodic installments, as determined by the Secretary 

8 concerned. 

9 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept10 ance by the Secretary concerned of the written 

11 agreement required by subsection (d), the total 

12 amount of the bonus to be paid under the agreement 

13 shall be fixed. 

14 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

15 under this section, a person or member determined to be 

16 eligible for the bonus shall enter into a written agreement 

17 with the Secretary concerned that specifies— 

18 ‘‘(1) the amount of the bonus; 

19 ‘‘(2) the method of payment of the bonus under 

20 subsection (c)(2); 

21 ‘‘(3) the period of obligated service; and 

22 ‘‘(4) the type or conditions of the service. 

23 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW24 ANCES.—A bonus paid to a person or member under this 


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1 section is in addition to any other pay and allowance to 

2 which the person or member is entitled. 

3 ‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUN4 TIES.—A bonus authorized under this section is not a 

5 bounty for purposes of section 514(a) of title 10. 

6 ‘‘(g) REPAYMENT.—A person or member who re7 ceives a bonus under this section and who fails to complete 

8 the period of service, or meet the conditions of service, 

9 for which the bonus is paid, as specified in the written 

10 agreement under subsection (d), shall be subject to the 

11 repayment provisions of section 373 of this title. 

12 ‘‘(h) TERMINATION OF AUTHORITY.—No agreement 

13 may be entered into under this section after December 31, 

14 2009. 

15 ‘‘§ 332. General bonus authority for officers 

16 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec17 retary concerned may pay a bonus under this section to 

18 a person, including an officer in the uniformed services, 

19 who— 

20 ‘‘(1) accepts a commission or appointment as 

21 an officer in a uniformed service; 

22 ‘‘(2) affiliates with a reserve component of a 

23 uniformed service; 


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1 ‘‘(3) agrees to remain on active duty or to serve 

2 in an active status for a specific period as an officer 

3 in a uniformed service; 

4 ‘‘(4) transfers from a regular component of a 

5 uniformed service to a reserve component of that 

6 same uniformed service or from a reserve component 

7 of a uniformed service to the regular component of 

8 that same uniformed service; or 

9 ‘‘(5) transfers from a regular component or re10 serve component of a uniformed service to a regular 

11 component or reserve component of another uni12 formed service, subject to the approval of the Sec13 retary with jurisdiction over the uniformed service to 

14 which the member is transferring. 

15 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

16 subsection (a) may be paid to a person or officer only if 

17 the person or officer agrees under subsection (d)— 

18 ‘‘(1) to serve for a specified period in a des19 ignated career field, skill, unit, or grade; or 

20 ‘‘(2) to meet some other condition or conditions 

21 of service imposed by the Secretary concerned. 

22 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY23 MENT.— 


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1 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con2 cerned shall determine the amount of a bonus to be 

3 paid under this section, except that— 

4 ‘‘(A) a bonus paid under paragraph (1) of 

5 subsection (a) may not exceed $60,000 for a 

6 minimum three-year period of obligated service 

7 agreed to under subsection (d); 

8 ‘‘(B) a bonus paid under paragraph (2) of 

9 subsection (a) may not exceed $12,000 for a 

10 minimum three-year period of obligated service 

11 agreed to under subsection (d); 

12 ‘‘(C) a bonus paid under paragraph (3) of 

13 subsection (a) may not exceed $50,000 for each 

14 year of obligated service in a regular component 

15 agreed to under subsection (d); 

16 ‘‘(D) a bonus paid under paragraph (3) of 

17 subsection (a) may not exceed $12,000 for each 

18 year of obligated service in a reserve component 

19 agreed to under subsection (d); and 

20 ‘‘(E) a bonus paid under paragraph (4) or 

21 (5) of subsection (a) may not exceed $10,000. 

22 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

23 under this section may be paid in a lump sum or in 

24 periodic installments, as determined by the Secretary 

25 concerned. 


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1 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept2 ance by the Secretary concerned of the written 

3 agreement required by subsection (d), the total 

4 amount of the bonus to be paid under the agreement 

5 shall be fixed. 

6 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

7 under this section, a person or officer determined to be 

8 eligible for the bonus shall enter into a written agreement 

9 with the Secretary concerned that specifies— 

10 ‘‘(1) the amount of the bonus; 

11 ‘‘(2) the method of payment of the bonus under 

12 subsection (c)(2); 

13 ‘‘(3) the period of obligated service; and 

14 ‘‘(4) the type or conditions of the service. 

15 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW16 ANCES.—The bonus paid to a person or officer under this 

17 section is in addition to any other pay and allowance to 

18 which the person or officer is entitled. 

19 ‘‘(f) REPAYMENT.—A person or officer who receives 

20 a bonus under this section and who fails to complete the 

21 period of service, or meet the conditions of service, for 

22 which the bonus is paid, as specified in the written agree23 ment under subsection (d), shall be subject to the repay24 ment provisions of section 373 of this title. 


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1 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement 

2 may be entered into under this section after December 31, 

3 2009. 

4 ‘‘§ 333. Special bonus and incentive pay authorities 

5 for nuclear officers 

6 ‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of 

7 the Navy may pay a nuclear officer bonus under this sec8 tion to a person, including an officer in the Navy, who— 

9 ‘‘(1) is selected for the officer naval nuclear 

10 power training program in connection with the su11 pervision, operation, and maintenance of naval nu12 clear propulsion plants and agrees to serve, upon 

13 completion of such training, on active duty in con14 nection with the supervision, operation, and mainte15 nance of naval nuclear propulsion plants; or 

16 ‘‘(2) has the current technical and operational 

17 qualification for duty in connection with the super18 vision, operation, and maintenance of naval nuclear 

19 propulsion plants and agrees to remain on active 

20 duty in connection with the supervision, operation, 

21 and maintenance of naval nuclear propulsion plants. 

22 ‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Sec23 retary of the Navy may pay nuclear officer incentive pay 

24 under this section to an officer in the Navy who— 


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1 ‘‘(1) is entitled to basic pay under section 204 

2 of this title; and 

3 ‘‘(2) remains on active duty for a specified pe4 riod while maintaining current technical and oper5 ational qualifications, as approved by the Secretary, 

6 for duty in connection with the supervision, oper7 ation, and maintenance of naval nuclear propulsion 

8 plants. 

9 ‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec10 retary of the Navy may impose such additional criteria 

11 for the receipt of a nuclear officer bonus or nuclear officer 

12 incentive pay under this section as the Secretary deter13 mines to be appropriate. 

14 ‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAY15 MENT.— 

16 ‘‘(1) MAXIMUM AMOUNT.—The Secretary of the 

17 Navy shall determine the amounts of a nuclear offi18 cer bonus or nuclear officer incentive pay to be paid 

19 under this section, except that— 

20 ‘‘(A) a nuclear officer bonus paid under 

21 subsection (a) may not exceed $35,000 for each 

22 12-month period of the agreement under sub23 section (e); and 

24 ‘‘(B) the amount of nuclear officer incen25 tive paid under subsection (b) may not exceed 


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1 $25,000 for each 12-month period of qualifying 

2 service. 

3 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear 

4 officer bonus or nuclear officer incentive pay under 

5 this section may be paid in a lump sum or in peri6 odic installments. 

7 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept8 ance by the Secretary concerned of the written 

9 agreement required by subsection (e), the total 

10 amount of the nuclear officer bonus to be paid under 

11 the agreement shall be fixed. 

12 ‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 

13 ‘‘(1) AGREEMENT REQUIRED.—To receive a nu14 clear officer bonus under subsection (a), a person or 

15 officer determined to be eligible for the bonus shall 

16 enter into a written agreement with the Secretary of 

17 the Navy that specifies— 

18 ‘‘(A) the amount of the bonus; 

19 ‘‘(B) the method of payment of the bonus 

20 under subsection (d)(2); 

21 ‘‘(C) the period of obligated service; and 

22 ‘‘(D) the type or conditions of the service. 

23 ‘‘(2) REPLACEMENT AGREEMENT.—An officer 

24 who is performing obligated service under an agree25 ment for a nuclear officer bonus may execute a new 


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1 agreement to replace the existing agreement if the 

2 amount to be paid under the new agreement will be 

3 higher than the amount to be paid under the exist4 ing agreement. The period of the new agreement 

5 shall be equal to or exceed the remaining term of the 

6 period of the officer’s existing agreement. If a new 

7 agreement is executed under this paragraph, the ex8 isting agreement shall be cancelled, effective on the 

9 day before an anniversary date of the existing agree10 ment occurring after the date on which the amount 

11 to be paid under this paragraph is increased. 

12 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW13 ANCES.—A nuclear officer bonus or nuclear officer incen14 tive pay paid to a person or officer under this section is 

15 in addition to any other pay and allowance to which the 

16 person or officer is entitled, except that a person or officer 

17 may not receive a payment under this section and section 

18 332 or 353 of this title for the same skill and period of 

19 service. 

20 ‘‘(g) REPAYMENT.—A person or officer who receives 

21 a nuclear officer bonus or nuclear officer incentive pay 

22 under this section and who fails to complete the officer 

23 naval nuclear power training program, maintain required 

24 technical and operational qualifications, complete the pe25 riod of service, or meet the types or conditions of service 


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1 for which the bonus or incentive pay is paid, as specified 

2 in the written agreement under subsection (e) in the case 

3 of a nuclear officer bonus, shall be subject to the repay4 ment provisions of section 373 of this title. 

5 ‘‘(h) REGULATIONS.—This section shall be adminis6 tered under regulations prescribed by the Secretary of the 

7 Navy. 

8 ‘‘(i) TERMINATION OF AUTHORITY.—No agreement 

9 may be entered into under this section after December 31, 

10 2009. 

11 ‘‘§ 334. Special aviation incentive pay and bonus au12 thorities for officers 

13 ‘‘(a) AVIATION INCENTIVE PAY.—The Secretary con14 cerned may pay aviation incentive pay under this section 

15 to an officer in a regular or reserve component of a uni16 formed service who— 

17 ‘‘(1) is entitled to basic pay under section 204 

18 of this title or compensation under section 206 of 

19 this title; 

20 ‘‘(2) maintains, or is in training leading to, an 

21 aeronautical rating or designation that qualifies the 

22 officer to engage in operational flying duty or pro23 ficiency flying duty; 


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1 ‘‘(3) engages in, or is in training leading to, fre2 quent and regular performance of operational flying 

3 duty or proficiency flying duty; 

4 ‘‘(4) engages in or remains in aviation service 

5 for a specified period; and 

6 ‘‘(5) meets such other criteria as the Secretary 

7 concerned determines appropriate. 

8 ‘‘(b) AVIATION BONUS.—The Secretary concerned 

9 may pay an aviation bonus under this section to an officer 

10 in a regular or reserve component of a uniformed service 

11 who— 

12 ‘‘(1) is entitled to aviation incentive pay under 

13 subsection (a); 

14 ‘‘(2) has completed any active duty service com15 mitment incurred for undergraduate aviator training 

16 or is within one year of completing such commit17 ment; 

18 ‘‘(3) executes a written agreement to remain on 

19 active duty in a regular component or to serve in an 

20 active status in a reserve component in aviation 

21 service for at least one year; and 

22 ‘‘(4) meets such other criteria as the Secretary 

23 concerned determines appropriate. 

24 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY25 MENT.— 


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1 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con2 cerned shall determine the amount of a bonus or in3 centive pay to be paid under this section, except 

4 that— 

5 ‘‘(A) aviation incentive pay under sub6 section (a) shall be paid at a monthly rate, not 

7 to exceed $850 per month; and 

8 ‘‘(B) an aviation bonus under subsection 

9 (b) may not exceed $25,000 for each 12-month 

10 period of obligated service agreed to under sub11 section (d). 

12 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

13 under this section may be paid in a lump sum or in 

14 periodic installments, as determined by the Secretary 

15 concerned. 

16 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept17 ance by the Secretary concerned of the written 

18 agreement required by subsection (d), the total 

19 amount of the bonus to be paid under the agreement 

20 shall be fixed. 

21 ‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 

22 an aviation officer bonus under this section, an officer de23 termined to be eligible for the bonus shall enter into a 

24 written agreement with the Secretary concerned that 

25 specifies— 


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1 ‘‘(1) the amount of the bonus; 

2 ‘‘(2) the method of payment of the bonus under 

3 subsection (c)(2); 

4 ‘‘(3) the period of obligated service; and 

5 ‘‘(4) the type or conditions of the service. 

6 ‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING

7 INACTIVE DUTY TRAINING.—A reserve component officer 

8 who is entitled to compensation under section 206 of this 

9 title and who is authorized aviation incentive pay under 

10 this section may be paid an amount of incentive pay that 

11 is proportionate to the compensation received under sec12 tion 206 for inactive-duty training. 

13 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW14 ANCES.— 

15 ‘‘(1) AVIATION INCENTIVE PAY.—Aviation in16 centive pay paid to an officer under subsection (a) 

17 shall be in addition to any other pay and allowance 

18 to which the officer is entitled, except that an officer 

19 may not receive a payment under such subsection 

20 and section 351 or 353 of this title for the same 

21 skill and period of service. 

22 ‘‘(2) AVIATION BONUS.—An aviation bonus 

23 paid to an officer under subsection (b) shall be in 

24 addition to any other pay and allowance to which the 

25 officer is entitled, except that an officer may not reVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ceive a payment under such subsection and section 

2 332 or 353 of this title for the same skill and period 

3 of service. 

4 ‘‘(g) REPAYMENT.—An officer who receives aviation 

5 incentive pay or an aviation bonus under this section and 

6 who fails to fulfill the eligibility requirements for the re7 ceipt of the incentive pay or bonus or complete the period 

8 of service for which the incentive pay or bonus is paid, 

9 as specified in the written agreement under subsection (d) 

10 in the case of a bonus, shall be subject to the repayment 

11 provisions of section 373 of this title. 

12 ‘‘(h) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘aviation service’ means service 

14 performed by an officer in a regular or reserve com15 ponent (except a flight surgeon or other medical offi16 cer) while holding an aeronautical rating or designa17 tion or while in training to receive an aeronautical 

18 rating or designation. 

19 ‘‘(2) The term ‘operational flying duty’ means 

20 flying performed under competent orders by rated or 

21 designated regular or reserve component officers 

22 while serving in assignments in which basic flying 

23 skills normally are maintained in the performance of 

24 assigned duties as determined by the Secretary con25 cerned, and flying performed by members in training 


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1 that leads to the award of an aeronautical rating or 

2 designation. 

3 ‘‘(3) The term ‘proficiency flying duty’ means 

4 flying performed under competent orders by rated or 

5 designated regular or reserve component officers 

6 while serving in assignments in which such skills 

7 would normally not be maintained in the perform8 ance of assigned duties. 

9 ‘‘(4) The term ‘officer’ includes an individual 

10 enlisted and designated as an aviation cadet under 

11 section 6911 of title 10. 

12 ‘‘(i) TERMINATION OF AUTHORITY.—No agreement 

13 may be entered into under this section after December 31, 

14 2009. 

15 ‘‘§ 335. Special bonus and incentive pay authorities 

16 for officers in health professions 

17 ‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary 

18 concerned may pay a health professions bonus under this 

19 section to a person, including an officer in the uniformed 

20 services, who is a graduate of an accredited school in a 

21 health profession and who— 

22 ‘‘(1) accepts a commission or appointment as 

23 an officer in a regular or reserve component of a 

24 uniformed service, or affiliates with a reserve compo25 nent of a uniformed service, and agrees to serve on 


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1 active duty in a regular component or in an active 

2 status in a reserve component in a health profession; 

3 ‘‘(2) accepts a commission or appointment as 

4 an officer and whose health profession specialty is 

5 designated by the Secretary of Defense as a criti6 cally short wartime specialty; or 

7 ‘‘(3) agrees to remain on active duty or con8 tinue serving in an active status in a reserve compo9 nent in a health profession. 

10 ‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The 

11 Secretary concerned may pay incentive pay under this sec12 tion to an officer in a regular or reserve component of 

13 a uniformed service who— 

14 ‘‘(1) is entitled to basic pay under section 204 

15 of this title or compensation under section 206 of 

16 this title; and 

17 ‘‘(2) is serving on active duty or in an active 

18 status in a designated health profession specialty or 

19 skill. 

20 ‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The 

21 Secretary concerned may pay board certification incentive 

22 pay under this section to an officer in a regular or reserve 

23 component of a uniformed service who— 


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1 ‘‘(1) is entitled to basic pay under section 204 

2 of this title or compensation under section 206 of 

3 this title; 

4 ‘‘(2) is board certified in a designated health 

5 profession specialty or skill; and 

6 ‘‘(3) is serving on active duty or in an active 

7 status in such designated health profession specialty 

8 or skill. 

9 ‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec10 retary concerned may impose such additional criteria for 

11 the receipt of a bonus or incentive pay under this section 

12 as the Secretary determines to be appropriate. 

13 ‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAY14 MENT.— 

15 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con16 cerned shall determine the amounts of a bonus or in17 centive pay to be paid under this section, except 

18 that— 

19 ‘‘(A) a health professions bonus paid under 

20 paragraph (1) of subsection (a) may not exceed 

21 $30,000 for each 12-month period of obligated 

22 service agreed to under subsection (f); 

23 ‘‘(B) a health professions bonus paid under 

24 paragraph (2) of subsection (a) may not exceed 


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1 $100,000 for each 12-month period of obligated 

2 service agreed to under subsection (f); 

3 ‘‘(C) a health professions bonus paid under 

4 paragraph (3) of subsection (a) may not exceed 

5 $75,000 for each 12-month period of obligated 

6 service agreed to under subsection (f); 

7 ‘‘(D) health professions incentive pay 

8 under subsection (b) may be paid monthly and 

9 may not exceed, in any 12-month period— 

10 ‘‘(i) $100,000 for medical officers and 

11 dental surgeons; and 

12 ‘‘(ii) $15,000 for officers in other 

13 health professions; and 

14 ‘‘(E) board certification incentive pay 

15 under subsection (c) may not exceed $6,000 for 

16 each 12-month period an officer remains cer17 tified in the designated health profession spe18 cialty or skill. 

19 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A health 

20 professions bonus under subsection (a) may be paid 

21 in a lump sum or in periodic installments, as deter22 mined by the Secretary concerned. Board certifi23 cation incentive pay under subsection (c) may be 

24 paid monthly, in a lump sum at the beginning of the 

25 certification period, or in periodic installments durVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ing the certification period, as determined by the 

2 Secretary concerned. 

3 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept4 ance by the Secretary concerned of the written 

5 agreement required by subsection (f), the total 

6 amount of the health professions bonus to be paid 

7 under the agreement shall be fixed. 

8 ‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive 

9 a bonus under this section, an officer determined to be 

10 eligible for the bonus shall enter into a written agreement 

11 with the Secretary concerned that specifies— 

12 ‘‘(1) the amount of the bonus; 

13 ‘‘(2) the method of payment of the bonus under 

14 subsection (e)(2); 

15 ‘‘(3) the period of obligated service; 

16 ‘‘(4) whether the service will be performed on 

17 active duty or in an active status in a reserve com18 ponent; and 

19 ‘‘(5) the type or conditions of the service. 

20 ‘‘(g) RESERVE COMPONENT OFFICERS.—An officer 

21 in a reserve component authorized incentive pay under 

22 subsection (b) or (c) who is not serving on continuous ac23 tive duty and is entitled to compensation under section 

24 204 of this title or compensation under section 206 of this 

25 title may be paid a monthly amount of incentive pay that 


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1 is proportionate to the basic pay or compensation received 

2 under this title. 

3 ‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOW4 ANCES.— 

5 ‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus 

6 paid to a person or officer under subsection (a) shall 

7 be in addition to any other pay and allowance to 

8 which the person or officer is entitled, except that a 

9 person or officer may not receive a payment under 

10 such subsection and section 332 of this title for the 

11 same period of obligated service. 

12 ‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— 

13 Incentive pay paid to an officer under subsection (b) 

14 shall be in addition to any other pay and allowance 

15 to which an officer is entitled, except that an officer 

16 may not receive a payment under such subsection 

17 and section 353 of this title for the same skill and 

18 period of service. 

19 ‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— 

20 Incentive pay paid to an officer under subsection (c) 

21 shall be in addition to any other pay and allowance 

22 to which an officer is entitled, except that an officer 

23 may not receive a payment under such subsection 

24 and section 353(b) of this title for the same skill 

25 and period of service covered by the certification. 


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1 ‘‘(i) REPAYMENT.—An officer who receives a bonus 

2 or incentive pay under this section and who fails to fulfill 

3 the eligibility requirements for the receipt of the bonus 

4 or incentive pay or complete the period of service for which 

5 the bonus or incentive pay is paid, as specified in the writ6 ten agreement under subsection (f) in the case of a bonus, 

7 shall be subject to the repayment provisions of section 373 

8 of this title. 

9 ‘‘(j) HEALTH PROFESSION DEFINED.—In this sec10 tion, the term ‘health profession’ means the following: 

11 ‘‘(1) Any health profession performed by offi12 cers in the Medical Corps of a uniformed service or 

13 by officers designated as a medical officer. 

14 ‘‘(2) Any health profession performed by offi15 cers in the Dental Corps of a uniformed service or 

16 by officers designated as a dental officer. 

17 ‘‘(3) Any health profession performed by offi18 cers in the Medical Service Corps of a uniformed 

19 service or by officers designated as a medical service 

20 officer or biomedical sciences officer. 

21 ‘‘(4) Any health profession performed by offi22 cers in the Medical Specialist Corps of a uniformed 

23 service or by officers designated as a medical spe24 cialist. 


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1 ‘‘(5) Any health profession performed by offi2 cers of the Nurse Corps of a uniformed service or 

3 by officers designated as a nurse. 

4 ‘‘(6) Any health profession performed by offi5 cers in the Veterinary Corps of a uniformed service 

6 or by officers designated as a veterinary officer. 

7 ‘‘(7) Any health profession performed by offi8 cers designated as a physician assistant. 

9 ‘‘(8) Any health profession performed by offi10 cers in the regular or reserve corps of the Public 

11 Health Service. 

12 ‘‘(k) TERMINATION OF AUTHORITY.—No agreement 

13 may be entered into under this section after December 31, 

14 2009. 

15 ‘‘§ 351. Hazardous duty pay 

16 ‘‘(a) HAZARDOUS DUTY PAY.—The Secretary con17 cerned may pay hazardous duty pay under this section to 

18 a member of a regular or reserve component of the uni19 formed services entitled to basic pay under section 204 

20 of this title or compensation under section 206 of this title 

21 who— 

22 ‘‘(1) performs duty in a hostile fire area des23 ignated by the Secretary concerned, is exposed to a 

24 hostile fire event, explosion of a hostile explosive de25 vice, or any other hostile action, or is on duty during 


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1 a month in an area in which a hostile event occurred 

2 which placed the member in grave danger of physical 

3 injury; 

4 ‘‘(2) performs duty designated by the Secretary 

5 concerned as hazardous duty based upon the inher6 ent dangers of that duty and risks of physical injury; 

7 or 

8 ‘‘(3) performs duty in a foreign area designated 

9 by the Secretary concerned as an area in which the 

10 member is subject to imminent danger of physical 

11 injury due to threat conditions. 

12 ‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous 

13 duty pay paid to a member under subsection (a) shall be 

14 based on the type of duty and the area in which the duty 

15 is performed, as follows: 

16 ‘‘(1) In the case of a member who performs 

17 duty in a designated hostile fire area, as described 

18 in subsection (a)(1), hazardous duty pay may not 

19 exceed $450 per month. 

20 ‘‘(2) In the case of a member who performs a 

21 designated hazardous duty, as described in sub22 section (a)(2), hazardous duty pay may not exceed 

23 $250 per month. 

24 ‘‘(3) In the case of a member who performs 

25 duty in a foreign area designated as an imminent 


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1 danger area, as described in subsection (a)(3), haz2 ardous duty pay may not exceed $250 per month. 

3 ‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 

4 shall be paid on a monthly basis. A member who is eligible 

5 for hazardous duty pay by reason of subsection (a) shall 

6 receive the full monthly rate of hazardous duty pay au7 thorized by the Secretary concerned under such para8 graph, notwithstanding subsection (d). 

9 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

10 INACTIVE DUTY TRAINING.—A member of a reserve com11 ponent entitled to compensation under section 206 of this 

12 title who is authorized hazardous duty pay under this sec13 tion may be paid an amount of hazardous duty pay that 

14 is proportionate to the compensation received by the mem15 ber under section 206 of this title for inactive-duty train16 ing. 

17 ‘‘(e) ADMINISTRATION AND RETROACTIVE PAY18 MENTS.—The effective date for the designation of a hos19 tile fire area, as described in paragraph (1) of subsection 

20 (a), and for the designation of a foreign area as an immi21 nent danger area, as described in paragraph (3) of such 

22 subsection, may be a date that occurs before, on, or after 

23 the actual date of the designation by the Secretary con24 cerned. 


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1 ‘‘(f) DETERMINATION OF FACT.—Any determination 

2 of fact that is made in administering subsection (a) is con3 clusive. The determination may not be reviewed by any 

4 other officer or agency of the United States unless there 

5 has been fraud or gross negligence. However, the Sec6 retary concerned may change the determination on the 

7 basis of new evidence or for other good cause. The regula8 tions prescribed to administer this section shall define the 

9 activities that are considered hazardous for purposes of 

10 subsection (a)(2). 

11 ‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOW12 ANCES.— 

13 ‘‘(1) IN ADDITION TO OTHER PAY AND ALLOW14 ANCES.—A member may be paid hazardous duty pay 

15 under this section in addition to any other pay and 

16 allowances to which the member is entitled. The reg17 ulations prescribed to administer this section shall 

18 address dual compensation under this section for 

19 multiple circumstances involving performance of a 

20 designated hazardous duty, as described in para21 graph (2) of subsection (a), or for duty in certain 

22 designated areas, as described in paragraph (1) or 

23 (3) of such subsection, that is performed by a mem24 ber during a single month of service. 


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1 ‘‘(2) LIMITATION.—A member may not receive 

2 hazardous duty pay under this section for a month 

3 for more than three qualifying instances described in 

4 subsection (a)(2). 

5 ‘‘(h) PROHIBITION ON VARIABLE RATES.—The regu6 lations prescribed to administer this section may not in7 clude varied criteria or rates for payment of hazardous 

8 duty for officers and enlisted members. 

9 ‘‘(i) TERMINATION OF AUTHORITY.—No hazardous 

10 duty pay under this section may be paid after December 

11 31, 2009. 

12 ‘‘§ 352. Assignment pay or special duty pay 

13 ‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR14 IZED.—The Secretary concerned may pay assignment or 

15 special duty pay under this section to a member of a reg16 ular or reserve component of the uniformed services who— 

17 ‘‘(1) is entitled to basic pay under section 204 

18 of this title or compensation under section 206 of 

19 this title; and 

20 ‘‘(2) performs duties in an assignment, location, 

21 or unit designated by, and under the conditions of 

22 service specified by, the Secretary concerned. 

23 ‘‘(b) MAXIMUM AMOUNT AND METHOD OF PAY24 MENT.— 


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1 ‘‘(1) LUMP SUM OR INSTALLMENTS.—Assign2 ment or special duty pay under subsection (a) may 

3 be paid monthly, in a lump sum, or in periodic in4 stallments other than monthly, as determined by the 

5 Secretary concerned. 

6 ‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max7 imum monthly amount of assignment or special duty 

8 pay may not exceed $5,000. 

9 ‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The 

10 amount of a lump sum payment of assignment or 

11 special duty pay payable to a member may not ex12 ceed the amount equal to the product of— 

13 ‘‘(A) the maximum monthly rate author14 ized under paragraph (2) at the time the mem15 ber enters into a written agreement under sub16 section (c); and 

17 ‘‘(B) the number of continuous months in 

18 the period for which assignment or special duty 

19 pay will be paid pursuant to the agreement. 

20 ‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The 

21 amount of each installment payment of assignment 

22 or special duty pay payable to a member on an in23 stallment basis may not exceed the amount equal 

24 to— 

25 ‘‘(A) the product of— 


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1 ‘‘(i) a monthly rate specified in the 

2 written agreement entered into under sub3 section (c), which monthly rate may not 

4 exceed the maximum monthly rate author5 ized under paragraph (2) at the time the 

6 member enters into the agreement; and 

7 ‘‘(ii) the number of continuous 

8 months in the period for which the assign9 ment or special duty pay will be paid; di10 vided by 

11 ‘‘(B) the number of installments over such 

12 period. 

13 ‘‘(5) EFFECT OF EXTENSION.—If a member ex14 tends an assignment or performance of duty speci15 fied in an agreement with the Secretary concerned 

16 under subsection (c), assignment or special duty pay 

17 for the period of the extension may be paid on a 

18 monthly basis, in a lump sum, or in installments, 

19 consistent with this subsection. 

20 ‘‘(c) WRITTEN AGREEMENT.— 

21 ‘‘(1) DISCRETIONARY FOR MONTHLY PAY22 MENTS.—The Secretary concerned may require a 

23 member to enter into a written agreement with the 

24 Secretary in order to qualify for the payment of as25 signment or special duty pay on a monthly basis. 


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1 The written agreement shall specify the period for 

2 which the assignment or special duty pay will be 

3 paid to the member and the monthly rate of the as4 signment or special duty pay. 

5 ‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL6 MENT PAYMENTS.—The Secretary concerned shall 

7 require a member to enter into a written agreement 

8 with the Secretary in order to qualify for payment 

9 of assignment or special duty pay on a lump sum or 

10 installment basis. The written agreement shall speci11 fy the period for which the assignment or special 

12 duty pay will be paid to the member and the amount 

13 of the lump sum or each periodic installment. 

14 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

15 INACTIVE DUTY TRAINING.—A member of a reserve com16 ponent entitled to compensation under section 206 of this 

17 title who is authorized assignment or special duty pay 

18 under this section may be paid an amount of assignment 

19 or special duty pay that is proportionate to the compensa20 tion received by the member under section 206 of this title 

21 for inactive-duty training. 

22 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW23 ANCES.—Assignment or special duty pay paid to a mem24 ber under this section is in addition to any other pay and 

25 allowances to which the member is entitled. 


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1 ‘‘(f) REPAYMENT.—A member who receives assign2 ment or special duty pay under this section and who fails 

3 to fulfill the eligibility requirements under subsection (a) 

4 for receipt of such pay shall be subject to the repayment 

5 provisions of section 373 of this title. 

6 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement 

7 may be entered into under this section after December 31, 

8 2009. 

9 ‘‘§ 353. Skill incentive pay or proficiency bonus 

10 ‘‘(a) SKILL INCENTIVE PAY.—The Secretary con11 cerned may pay a monthly skill incentive pay to a member 

12 of a regular or reserve component of the uniformed serv13 ices who— 

14 ‘‘(1) is entitled to basic pay under section 204 

15 of this title or compensation under section 206 of 

16 this title; and 

17 ‘‘(2) serves in a career field or skill designated 

18 as critical by the Secretary concerned. 

19 ‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary 

20 concerned may pay a proficiency bonus to a member of 

21 a regular or reserve component of the uniformed services 

22 who— 

23 ‘‘(1) is entitled to basic pay under section 204 

24 of this title or compensation under section 206 of 

25 this title; and 


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1 ‘‘(2) is determined to have, and maintains, cer2 tified proficiency under subsection (d) in a skill des3 ignated as critical by the Secretary concerned. 

4 ‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAY5 MENT.— 

6 ‘‘(1) SKILL INCENTIVE PAY.—Skill incentive 

7 pay under subsection (a) shall be paid monthly in an 

8 amount not to exceed $1,000 per month. 

9 ‘‘(2) PROFICIENCY BONUS.—A proficiency 

10 bonus under subsection (b) may be paid in a lump 

11 sum at the beginning of the proficiency certification 

12 period or in periodic installments during the pro13 ficiency certification period. The amount of the 

14 bonus may not exceed $12,000 for each 12-month 

15 period of certification. The Secretary concerned may 

16 not vary the criteria or rates for the proficiency 

17 bonus paid for officers and enlisted members. 

18 ‘‘(d) CERTIFIED PROFICIENCY FOR PROFICIENCY

19 BONUS.— 

20 ‘‘(1) CERTIFICATION REQUIRED.—Proficiency 

21 in a designated critical skill for purposes of sub22 section (b) shall be subject to annual certification by 

23 the Secretary concerned. 

24 ‘‘(2) DURATION OF CERTIFICATION.—A certifi25 cation period for purposes of subsection (c)(2) shall 


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1 expire at the end of the one-year period beginning 

2 on the first day of the first month beginning on or 

3 after the certification date. 

4 ‘‘(3) WAIVER.—Notwithstanding paragraphs 

5 (1) and (2), the regulations prescribed to administer 

6 this section shall address the circumstances under 

7 which the Secretary concerned may waive the certifi8 cation requirement under paragraph (1) or extend a 

9 certification period under paragraph (2). 

10 ‘‘(e) WRITTEN AGREEMENT.— 

11 ‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE

12 PAY.—The Secretary concerned may require a mem13 ber to enter into a written agreement with the Sec14 retary in order to qualify for the payment of skill in15 centive pay under subsection (a). The written agree16 ment shall specify the period for which the skill in17 centive pay will be paid to the member and the 

18 monthly rate of the pay. 

19 ‘‘(2) REQUIRED FOR PROFICIENCY BONUS.— 

20 The Secretary concerned shall require a member to 

21 enter into a written agreement with the Secretary in 

22 order to qualify for payment of a proficiency bonus 

23 under subsection (b). The written agreement shall 

24 specify the amount of the proficiency bonus, the pe25 riod for which the bonus will be paid, and the initial 


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1 certification or recertification necessary for payment 

2 of the proficiency bonus. 

3 ‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING

4 INACTIVE DUTY TRAINING.— 

5 ‘‘(1) PRORATION.—A member of a reserve com6 ponent entitled to compensation under section 206 

7 of this title who is authorized skill incentive pay 

8 under subsection (a) or a skill proficiency bonus 

9 under subsection (b) may be paid an amount of the 

10 pay or bonus, as the case may be, that is propor11 tionate to the compensation received by the member 

12 under section 206 of this title for inactive-duty 

13 training. 

14 ‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO15 FICIENCY.—No reduction in the amount of a skill 

16 proficiency bonus may be made under paragraph (1) 

17 in the case of a member of a reserve component who 

18 is authorized the bonus because of the member’s 

19 proficiency in a foreign language. 

20 ‘‘(g) REPAYMENT.—A member who receives skill in21 centive pay or a proficiency bonus under this section and 

22 who fails to fulfill the eligibility requirement for receipt 

23 of the pay or bonus shall be subject to the repayment pro24 visions of section 373 of this title. 


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1 ‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW2 ANCES.—A member may not be paid more than one pay 

3 under this section in any month for the same period of 

4 service and skill. A member may be paid skill incentive 

5 pay or the proficiency bonus under this section in addition 

6 to any other pay and allowances to which the member is 

7 entitled, except that a member may not be paid skill incen8 tive pay or a proficiency bonus under this section and haz9 ardous duty pay under section 351 of this title for the 

10 same period of service in the same career field or skill. 

11 ‘‘(i) TERMINATION OF AUTHORITY.—No agreement 

12 may be entered into under this section after December 31, 

13 2009. 

14 ‘‘SUBCHAPTER III—GENERAL PROVISIONS 

15 ‘‘§ 371. Relationship to other incentives and pays 

16 ‘‘(a) TREATMENT.—A bonus or incentive pay paid to 

17 a member of the uniformed services under subchapter II 

18 is in addition to any other pay and allowance to which 

19 a member is entitled, unless otherwise provided under this 

20 chapter. 

21 ‘‘(b) EXCEPTION.—A member may not receive a 

22 bonus or incentive pay under both subchapter I and sub23 chapter II for the same activity, skill, or period of service. 

24 ‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.— 

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1 ber is entitled under subchapter II may not be included 

2 in computing the amount of— 

3 ‘‘(1) any increase in pay authorized by any 

4 other provision of this title; or 

5 ‘‘(2) any retired pay, retainer pay, separation 

6 pay, or disability severance pay. 

7 ‘‘§ 372. Continuation of pays during hospitalization 

8 and rehabilitation resulting from 

9 wounds, injury, or illness incurred while 

10 on duty in a hostile fire area or exposed 

11 to an event of hostile fire or other hostile 

12 action 

13 ‘‘(a) CONTINUATION OF PAYS.—If a member of a 

14 regular or reserve component of a uniformed service incurs 

15 a wound, injury, or illness in the line of duty while serving 

16 in a combat operation or a combat zone, while serving in 

17 a hostile fire area, or while exposed to a hostile fire event, 

18 as described under section 351 of this title, and is hos19 pitalized for treatment of the wound, injury, or illness, the 

20 Secretary concerned may continue to pay to the member, 

21 notwithstanding any provision of this chapter to the con22 trary, all pay and allowances (including any bonus, incen23 tive pay, or similar benefit) that were being paid to the 

24 member at the time the member incurred the wound, in25 jury, or illness. 


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1 ‘‘(b) DURATION.—The payment of pay and allow2 ances to a member under subsection (a) may continue 

3 until the end of the first month beginning after the earliest 

4 of the following dates: 

5 ‘‘(1) The date on which the member is returned 

6 for assignment to other than a medical or patient 

7 unit for duty. 

8 ‘‘(2) One year after the date on which the mem9 ber is first hospitalized for the treatment of the 

10 wound, injury, or illness, except that the Secretary 

11 concerned may extend the termination date in six12 month increments. 

13 ‘‘(3) The date on which the member is dis14 charged, separated, or retired (including temporary 

15 disability retirement) from the uniformed services. 

16 ‘‘(c) BONUS, INCENTIVE PAY, OR SIMILAR BENEFIT

17 DEFINED.—In this section, the term ‘bonus, incentive 

18 pay, or similar benefit’ means a bonus, incentive pay, spe19 cial pay, or similar payment paid to a member of the uni20 formed services under this title or title 10. 

21 ‘‘§ 373. Repayment of unearned portion of bonus, in22 centive pay, or similar benefit when con23 ditions of payment not met 

24 ‘‘(a) REPAYMENT.—Except as provided in subsection 

25 (b), a member of the uniformed services who is paid a 


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1 bonus, incentive pay, or similar benefit, the receipt of 

2 which is contingent upon the member’s satisfaction of cer3 tain service or eligibility requirements, shall repay to the 

4 United States any unearned portion of the bonus, incen5 tive pay, or similar benefit if the member fails to satisfy 

6 any such service or eligibility requirement. 

7 ‘‘(b) EXCEPTIONS.—The regulations prescribed to 

8 administer this section may specify procedures for deter9 mining the circumstances under which an exception to the 

10 required repayment may be granted. 

11 ‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 

12 repay the United States under this section is, for all pur13 poses, a debt owed the United States. A discharge in bank14 ruptcy under title 11 does not discharge a person from 

15 such debt if the discharge order is entered less than five 

16 years after— 

17 ‘‘(1) the date of the termination of the agree18 ment or contract on which the debt is based; or 

19 ‘‘(2) in the absence of such an agreement or 

20 contract, the date of the termination of the service 

21 on which the debt is based. 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘bonus, incentive pay, or similar 

24 benefit’ means a bonus, incentive pay, special pay, or 

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1 pend, paid to a member of the uniformed services 

2 under a provision of law that refers to the repay3 ment requirements of this section or section 303a(e) 

4 of this title. 

5 ‘‘(2) The term ‘service’, as used in subsection 

6 (c)(2), refers to an obligation willingly undertaken 

7 by a member of the uniformed services, in exchange 

8 for a bonus, incentive pay, or similar benefit offered 

9 by the Secretary concerned— 

10 ‘‘(A) to a member in a regular or reserve 

11 component who remains on active duty or in an 

12 active status; 

13 ‘‘(B) to perform duty in a specified skill, 

14 with or without a specified qualification or cre15 dential; 

16 ‘‘(C) to perform duty in a specified assign17 ment, location or unit; or 

18 ‘‘(D) to perform duty for a specified period 

19 of time. 

20 ‘‘§ 374. Regulations 

21 ‘‘This subchapter and subchapter II shall be adminis22 tered under regulations prescribed by— 

23 ‘‘(1) the Secretary of Defense, with respect to 

24 the armed forces under the jurisdiction of the Sec25 retary of Defense; 


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1 ‘‘(2) the Secretary of Homeland Security, with 

2 respect to the Coast Guard when it is not operating 

3 as a service in the Navy; 

4 ‘‘(3) the Secretary of Health and Human Serv5 ices, with respect to the commissioned corps of the 

6 Public Health Service; and 

7 ‘‘(4) the Secretary of Commerce, with respect 

8 to the National Oceanic and Atmospheric Adminis9 tration.’’. 

10 (b) TRANSFER OF 15-YEAR CAREER STATUS BONUS

11 TO SUBCHAPTER II.— 

12 (1) TRANSFER.—Section 322 of title 37, United 

13 States Code, is transferred to appear after section 

14 353 of subchapter II of chapter 5 of such title, as 

15 added by subsection (a), and is redesignated as sec16 tion 354. 

17 (2) CONFORMING AMENDMENT.—Subsection (f) 

18 of such section, as so transferred and redesignated, 

19 is amended by striking ‘‘section 303a(e)’’ and insert20 ing ‘‘section 373’’. 

21 (3) CROSS REFERENCES.—Sections 1401a, 

22 1409(b)(2), and 1410 of title 10, United States 

23 Code, are amended by striking ‘‘section 322’’ each 

24 place it appears and inserting ‘‘section 322 (as in ef25 fect before the enactment of the National Defense 


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1 Authorization Act for Fiscal Year 2008) or section 

2 354’’. 

3 (c) TRANSFER OF RETENTION INCENTIVES FOR

4 MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR

5 ASSIGNED TO HIGH PRIORITY UNITS.— 

6 (1) TRANSFER.—Section 323 of title 37, United 

7 States Code, as amended by sections 614 and 622, 

8 is transferred to appear after section 354 of sub9 chapter II of chapter 5 of such title, as transferred 

10 and redesignated by subsection (b)(1), and is redes11 ignated as section 355. 

12 (2) CONFORMING AMENDMENT.—Subsection (g) 

13 of such section, as so transferred and redesignated, 

14 is amended by striking ‘‘section 303a(e)’’ and insert15 ing ‘‘section 373’’. 

16 (d) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 5 of title 37, United States 

18 Code, is amended to read as follows: 

‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS

AUTHORITIES

‘‘Sec. 

‘‘301. Incentive pay: hazardous duty. 

‘‘301a. Incentive pay: aviation career. 

‘‘301b. Special pay: aviation career officers extending period of active duty. 

‘‘301c. Incentive pay: submarine duty. 

‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 

‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 

‘‘302. Special pay: medical officers of the armed forces. 

‘‘302a. Special pay: optometrists. 

‘‘302b. Special pay: dental officers of the armed forces. 

‘‘302c. Special pay: psychologists and nonphysician health care providers. 

‘‘302d. Special pay: accession bonus for registered nurses. 

‘‘302e. Special pay: nurse anesthetists. 


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‘‘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. 


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‘‘327. Incentive bonus: transfer between armed forces. 

‘‘328. Combat-related injury rehabilitation pay. 

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. 

‘‘330. Special pay: accession bonus for officer candidates. 

‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND

BONUS AUTHORITIES

‘‘331. General bonus authority for enlisted members. 

‘‘332. General bonus authority for officers. 

‘‘333. Special bonus and incentive pay authorities for nuclear officers. 

‘‘334. Special aviation incentive pay and bonus authorities for officers. 

‘‘335. Special bonus and incentive pay authorities for officers in health professions. 

‘‘351. Hazardous duty pay. 

‘‘352. Assignment pay or special duty pay. 

‘‘353. Skill incentive pay or proficiency bonus. 

‘‘354. Special pay: 15-year career status bonus for members entering service on 

or after August 1, 1986. 

‘‘355. Special pay: retention incentives for members qualified in critical military 

skills or assigned to high priority units. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘371. Relationship to other incentives and pays. 

‘‘372. Continuation of pays during hospitalization 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.’’. 

1 SEC. 662. TRANSITIONAL PROVISIONS. 

2 (a) IMPLEMENTATION PLAN.— 

3 (1) DEVELOPMENT.—The Secretary of Defense 

4 shall develop a plan to implement subchapters II 

5 and III of chapter 5 of title 37, United States Code, 

6 as added by section 661(a), and to correspondingly 

7 transition all of the special and incentive pay pro8 grams for members of the uniformed services solely 

9 to provisions of such subchapters. 


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1 (2) SUBMISSION.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit the implementation plan to the congres4 sional defense committees. 

5 (b) TRANSITION PERIOD.—During a transition pe6 riod of not more than 10 years beginning on the date of 

7 the enactment of this Act, the Secretary of Defense, the 

8 Secretary of a military department, and the Secretaries 

9 referred to in subsection (d) may continue to use the au10 thorities in provisions in subchapter I of chapter 5 of title 

11 37, United States Code, as designated by section 661(a), 

12 but subject to the terms of such provisions and such modi13 fications as the Secretary of Defense may include in the 

14 implementation plan, to provide bonuses and special and 

15 incentive pays for members of the uniformed services. 

16 (c) NOTICE OF IMPLEMENTATION OF NEW AUTHORI17 TIES.—Not less than 30 days before the date on which 

18 a special pay or bonus authority provided under sub19 chapter II of chapter 5 of title 37, United States Code, 

20 as added by section 661(a), is first utilized, the Secretary 

21 of Defense shall submit to the congressional defense com22 mittees a notice of the implementation of the authority, 

23 including whether, as a result of implementation of the 

24 authority, a corresponding authority in subchapter I of 


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1 such chapter, as designated by section 661(a), will no 

2 longer be used. 

3 (d) COORDINATION.—The Secretary of Defense shall 

4 prepare the implementation plan in coordination with— 

5 (1) the Secretary of Homeland Security, with 

6 respect to the Coast Guard; 

7 (2) the Secretary of Health and Human Serv8 ices, with respect to the commissioned corps of the 

9 Public Health Service; and 

10 (3) the Secretary of Commerce, with respect to 

11 the National Oceanic and Atmospheric Administra12 tion. 

13 (e) NO EFFECT ON FISCAL YEAR 2008 OBLIGA14 TIONS.—During fiscal year 2008, obligations incurred 

15 under subchapters I, II, and III of chapter 5 of title 37, 

16 United States Code, as amended by section 661, to provide 

17 bonuses, incentive pays, special pays, and similar pay18 ments to members of the uniformed services under such 

19 subchapters may not exceed the obligations that would be 

20 incurred in the absence of the amendments made by such 

21 section. 

22 Subtitle G—Other Matters 

23 SEC. 671. REFERRAL BONUS AUTHORITIES. 

24 (a) CODIFICATION AND MODIFICATION OF ARMY RE25 FERRAL BONUS AUTHORITY.— 


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1 (1) ARMY REFERRAL BONUS.—Chapter 333 of 

2 title 10, United States Code, is amended by insert3 ing after section 3251 the following new section: 

4 ‘‘§ 3252. Bonus to encourage Army personnel to refer 

5 persons for enlistment in the Army 

6 ‘‘(a) AUTHORITY TO PAY BONUS.— 

7 ‘‘(1) AUTHORITY.—The Secretary of the Army 

8 may pay a bonus under this section to an individual 

9 referred to in paragraph (2) who refers to an Army 

10 recruiter a person who has not previously served in 

11 an armed force and who, after such referral, enlists 

12 in the regular component of the Army or in the 

13 Army National Guard or Army Reserve. 

14 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub15 ject to subsection (c), the following individuals are 

16 eligible for a referral bonus under this section: 

17 ‘‘(A) A member in the regular component 

18 of the Army. 

19 ‘‘(B) A member of the Army National 

20 Guard. 

21 ‘‘(C) A member of the Army Reserve. 

22 ‘‘(D) A member of the Army in a retired 

23 status, including a member under 60 years of 

24 age who, but for age, would be eligible for re25 tired pay. 


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1 ‘‘(E) A civilian employee of the Depart2 ment of the Army. 

3 ‘‘(b) REFERRAL.—For purposes of this section, a re4 ferral for which a bonus may be paid under subsection 

5 (a) occurs— 

6 ‘‘(1) when the individual concerned contacts an 

7 Army recruiter on behalf of a person interested in 

8 enlisting in the Army; or 

9 ‘‘(2) when a person interested in enlisting in 

10 the Army contacts the Army recruiter and informs 

11 the recruiter of the role of the individual concerned 

12 in initially recruiting the person. 

13 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

14 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A 

15 member of the Army or civilian employee of the De16 partment of the Army may not be paid a bonus 

17 under subsection (a) for the referral of an immediate 

18 family member. 

19 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A 

20 member of the Army or civilian employee of the De21 partment of the Army serving in a recruiting or re22 tention assignment, or assigned to other duties re23 garding which eligibility for a bonus under sub24 section (a) could (as determined by the Secretary) be 


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1 perceived as creating a conflict of interest, may not 

2 be paid a bonus under subsection (a). 

3 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

4 CORPS INSTRUCTORS.—A member of the Army de5 tailed under subsection (c)(1) of section 2031 of this 

6 title to serve as an administrator or instructor in the 

7 Junior Reserve Officers’ Training Corps program or 

8 a retired member of the Army employed as an ad9 ministrator or instructor in the program under sub10 section (d) of such section may not be paid a bonus 

11 under subsection (a). 

12 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 

13 payable for a referral under subsection (a) may not exceed 

14 $2,000. The amount shall be payable as provided in sub15 section (e). 

16 ‘‘(e) PAYMENT.—A bonus payable for a referral of 

17 a person under subsection (a) shall be paid as follows: 

18 ‘‘(1) Not more than $1,000 shall be paid upon 

19 the commencement of basic training by the person. 

20 ‘‘(2) Not more than $1,000 shall be paid upon 

21 the completion of basic training and individual ad22 vanced training by the person. 

23 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.— 

24 The referral bonus authorized by this section is not a 

25 bounty for purposes of section 514(a) of this title. 


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1 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

2 PAY.—A bonus paid under this section to a member of 

3 the Army in a retired status is in addition to any com4 pensation to which the member is entitled under this title, 

5 title 37 or 38, or any other provision of law. 

6 ‘‘(h) DURATION OF AUTHORITY.—A bonus may not 

7 be paid under subsection (a) with respect to any referral 

8 that occurs after December 31, 2008.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by inserting after the item relating to section 3251 

12 the following new item: 

‘‘3252. Bonus to encourage Army personnel to refer persons for enlistment in 

the Army.’’. 

13 (b) BONUS FOR REFERRAL OF PERSONS FOR AP14 POINTMENT AS OFFICERS TO SERVE IN HEALTH PRO15 FESSIONS.— 

16 (1) HEALTH PROFESSIONS REFERRAL

17 BONUS.—Chapter 53 of such title is amended by in18 serting before section 1031 the following new sec19 tion: 

20 ‘‘§ 1030. Bonus to encourage Department of Defense 

21 personnel to refer persons for appoint22 ment as officers to serve in health profes23 sions 

24 ‘‘(a) AUTHORITY TO PAY BONUS.— 


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1 ‘‘(1) AUTHORITY.—The Secretary of Defense 

2 may authorize the appropriate Secretary to pay a 

3 bonus under this section to an individual referred to 

4 in paragraph (2) who refers to a military recruiter 

5 a person who has not previously served in an armed 

6 force and, after such referral, takes an oath of en7 listment that leads to appointment as a commis8 sioned officer, or accepts an appointment as a com9 missioned officer, in an armed force in a health pro10 fession designated by the appropriate Secretary for 

11 purposes of this section. 

12 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub13 ject to subsection (c), the following individuals are 

14 eligible for a referral bonus under this section: 

15 ‘‘(A) A member of the armed forces in a 

16 regular component of the armed forces. 

17 ‘‘(B) A member of the armed forces in a 

18 reserve component of the armed forces. 

19 ‘‘(C) A member of the armed forces in a 

20 retired status, including a member under 60 

21 years of age who, but for age, would be eligible 

22 for retired or retainer pay. 

23 ‘‘(D) A civilian employee of a military de24 partment or the Department of Defense. 


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1 ‘‘(b) REFERRAL.—For purposes of this section, a re2 ferral for which a bonus may be paid under subsection 

3 (a) occurs— 

4 ‘‘(1) when the individual concerned contacts a 

5 military recruiter on behalf of a person interested in 

6 taking an oath of enlistment that leads to appoint7 ment as a commissioned officer, or accepting an ap8 pointment as a commissioned officer, as applicable, 

9 in an armed force in a health profession; or 

10 ‘‘(2) when a person interested in taking an oath 

11 of enlistment that leads to appointment as a com12 missioned officer, or accepting an appointment as a 

13 commissioned officer, as applicable, in an armed 

14 force in a health profession contacts a military re15 cruiter and informs the recruiter of the role of the 

16 individual concerned in initially recruiting the per17 son. 

18 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

19 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A 

20 member of the armed forces or civilian employee of 

21 a military department or the Department of Defense 

22 may not be paid a bonus under subsection (a) for 

23 the referral of an immediate family member. 

24 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A 

25 member of the armed forces or civilian employee of 


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1 a military department or the Department of Defense 

2 serving in a recruiting or retention assignment, or 

3 assigned to other duties regarding which eligibility 

4 for a bonus under subsection (a) could (as deter5 mined by the appropriate Secretary) be perceived as 

6 creating a conflict of interest, may not be paid a 

7 bonus under subsection (a). 

8 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

9 CORPS INSTRUCTORS.—A member of the armed 

10 forces detailed under subsection (c)(1) of section 

11 2031 of this title to serve as an administrator or in12 structor in the Junior Reserve Officers’ Training 

13 Corps program or a retired member of the armed 

14 forces employed as an administrator or instructor in 

15 the program under subsection (d) of such section 

16 may not be paid a bonus under subsection (a). 

17 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 

18 payable for a referral under subsection (a) may not exceed 

19 $2,000. The amount shall be payable as provided in sub20 section (e). 

21 ‘‘(e) PAYMENT.—A bonus payable for a referral of 

22 a person under subsection (a) shall be paid as follows: 

23 ‘‘(1) Not more than $1,000 shall be paid upon 

24 the execution by the person of an agreement to serve 


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1 as an officer in a health profession in an armed 

2 force for not less than 3 years, 

3 ‘‘(2) Not more than $1,000 shall be paid upon 

4 the completion by the person of the initial period of 

5 military training as an officer. 

6 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.— 

7 The referral bonus authorized by this section is not a 

8 bounty for purposes of section 514(a) of this title. 

9 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

10 PAY.—A bonus paid under this section to a member of 

11 the armed forces in a retired status is in addition to any 

12 compensation to which the member is entitled under this 

13 title, title 37 or 38, or any other provision of law. 

14 ‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this 

15 section, the term ‘appropriate Secretary’ means— 

16 ‘‘(1) the Secretary of the Army, with respect to 

17 matters concerning the Army; 

18 ‘‘(2) the Secretary of the Navy, with respect to 

19 matters concerning the Navy, the Marine Corps, and 

20 the Coast Guard when it is operating as a service in 

21 the Navy; 

22 ‘‘(3) the Secretary of the Air Force, with re23 spect to matters concerning the Air Force; and 

24 ‘‘(4) the Secretary of Defense, with respect to 

25 personnel of the Department of Defense. 


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1 ‘‘(i) DURATION OF AUTHORITY.—A bonus may not 

2 be paid under subsection (a) with respect to any referral 

3 that occurs after December 31, 2008.’’. 

4 (2) CLERICAL AMENDMENTS.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting before the item relating to section 1031 

7 the following new item: 

‘‘1030. Bonus to encourage Department of Defense personnel to refer persons 

for appointment as officers to serve in health professions.’’. 

8 (c) REPEAL OF SUPERSEDED ARMY REFERRAL

9 BONUS AUTHORITY.— 

10 (1) REPEAL.—Section 645 of the National De11 fense Authorization Act for Fiscal Year 2006 (Pub12 lic Law 109–163) is repealed. 

13 (2) PAYMENT OF BONUSES UNDER SUPER14 SEDED AUTHORITY.—Any bonus payable under sec15 tion 645 of the National Defense Authorization Act 

16 for Fiscal Year 2006, as in effect before its repeal 

17 by paragraph (1), shall remain payable after that 

18 date and shall be paid in accordance with the provi19 sions of such section, as in effect on the day before 

20 the date of the enactment of this Act. 


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1 SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT 

2 PROGRAM FOR MEMBERS OF THE SELECTED 

3 RESERVE. 

4 (a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE

5 FOR REPAYMENT.—Paragraph (1) of subsection (a) of 

6 section 16301 of title 10, United States Code, is amend7 ed— 

8 (1) by striking ‘‘or’’ at the end of subparagraph 

9 (B); 

10 (2) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; or’’; and 

12 (3) by inserting after subparagraph (C) the fol13 lowing new subparagraph: 

14 ‘‘(D) any loan incurred for educational purposes 

15 made by a lender that is— 

16 ‘‘(i) an agency or instrumentality of a 

17 State; 

18 ‘‘(ii) a financial or credit institution (in19 cluding an insurance company) that is subject 

20 to examination and supervision by an agency of 

21 the United States or any State; 

22 ‘‘(iii) a pension fund approved by the Sec23 retary for purposes of this section; or 

24 ‘‘(iv) a nonprofit private entity designated 

25 by a State, regulated by that State, and apVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 proved by the Secretary for purposes of this 

2 section.’’. 

3 (b) PARTICIPATION OF OFFICERS IN PROGRAM.— 

4 Such subsection is further amended— 

5 (1) in paragraph (2)— 

6 (A) by striking ‘‘Except as provided in 

7 paragraph (3), the Secretary’’ and inserting 

8 ‘‘The Secretary’’; and 

9 (B) by striking ‘‘an enlisted member of the 

10 Selected Reserve of the Ready Reserve of an 

11 armed force in a reserve component and mili12 tary specialty’’ and inserting ‘‘a member of the 

13 Selected Reserve of the Ready Reserve of an 

14 armed force in a reserve component and in an 

15 officer program or military specialty’’; and 

16 (2) by striking paragraph (3). 

17 (c) CLERICAL AMENDMENTS.— 

18 (1) SECTION HEADING.—The heading of such 

19 section is amended to read as follows: 

20 ‘‘§ 16301. Education loan repayment program: mem21 bers of Selected Reserve’’. 

22 (2) TABLE OF SECTIONS.—The table of sections 

23 at the beginning of chapter 1609 of such title is 

24 amended by striking the item relating to section 

25 16301 and inserting the following new item: 

‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 


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1 SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER 

2 TIME ABROAD FOR PERMANENT RESIDENT 

3 ALIEN MILITARY SPOUSES AND CHILDREN. 

4 Section 284 of the Immigration and Nationality Act 

5 (8 U.S.C. 1354) is amended— 

6 (1) by striking ‘‘Nothing’’ and inserting ‘‘(a) 

7 Nothing’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) If a person lawfully admitted for permanent resi11 dence is the spouse or child of a member of the Armed 

12 Forces of the United States, is authorized to accompany 

13 the member and reside abroad with the member pursuant 

14 to the member’s official orders, and is so accompanying 

15 and residing with the member (in marital union if a 

16 spouse), then the residence and physical presence of the 

17 person abroad shall not be treated as— 

18 ‘‘(1) an abandonment or relinquishment of law19 ful permanent resident status for purposes of clause 

20 (i) of section 101(a)(13)(C); or 

21 ‘‘(2) an absence from the United States for 

22 purposes of clause (ii) of such section.’’. 


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1 SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY 

2 SPOUSES AND CHILDREN. 

3 (a) SPOUSES.—Section 319 of the Immigration and 

4 Nationality Act (8 U.S.C. 1430) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(e)(1) In the case of a person lawfully admitted for 

7 permanent residence in the United States who is the 

8 spouse of a member of the Armed Forces of the United 

9 States, is authorized to accompany such member and re10 side abroad with the member pursuant to the member’s 

11 official orders, and is so accompanying and residing with 

12 the member in marital union, such residence and physical 

13 presence abroad shall be treated, for purposes of sub14 section (a) and section 316(a), as residence and physical 

15 presence in— 

16 ‘‘(A) the United States; and 

17 ‘‘(B) any State or district of the Department of 

18 Homeland Security in the United States. 

19 ‘‘(2) Notwithstanding any other provision of law, a 

20 spouse described in paragraph (1) shall be eligible for nat21 uralization proceedings overseas pursuant to section 

22 1701(d) of the National Defense Authorization Act for 

23 Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

24 1443a).’’. 


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1 (b) CHILDREN.—Section 322 of the Immigration and 

2 Nationality Act (8 U.S.C. 1433) is amended by adding 

3 at the end the following new subsection: 

4 ‘‘(d) In the case of a child of a member of the Armed 

5 Forces of the United States who is authorized to accom6 pany such member and reside abroad with the member 

7 pursuant to the member’s official orders, and is so accom8 panying and residing with the member— 

9 ‘‘(1) any period of time during which the mem10 ber of the Armed Forces is residing abroad pursuant 

11 to official orders shall be treated, for purposes of 

12 subsection (a)(2)(A), as physical presence in the 

13 United States; 

14 ‘‘(2) subsection (a)(5) shall not apply; and 

15 ‘‘(3) the oath of allegiance described in sub16 section (b) may be subscribed to abroad pursuant to 

17 section 1701(d) of the National Defense Authoriza18 tion Act for Fiscal Year 2004 (Public Law 108–136; 

19 8 U.S.C. 1443a).’’. 

20 (c) OVERSEAS NATURALIZATION AUTHORITY.—Sec21 tion 1701(d) of the National Defense Authorization Act 

22 for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

23 1443a) is amended— 


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1 (1) in the subsection heading, by inserting 

2 ‘‘AND THEIR SPOUSES AND CHILDREN’’ after 

3 ‘‘FORCES’’; and 

4 (2) by inserting ‘‘, and persons made eligible 

5 for naturalization by section 319(e) or 322(d) of 

6 such Act,’’ after ‘‘Armed Forces’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of enactment of 

9 this Act and apply to any application for naturalization 

10 or issuance of a certificate of citizenship pending on or 

11 after such date. 

12 SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR 

13 MEMBERS OF NAVY AND MARINE CORPS SE14 LECTED FOR PROMOTION WHILE INTERNED 

15 AS PRISONERS OF WAR DURING WORLD WAR 

16 II TO TAKE INTO ACCOUNT CHANGES IN CON17 SUMER PRICE INDEX. 

18 (a) MODIFICATION.—Section 667(c) of the Floyd D. 

19 Spence National Defense Authorization Act for Fiscal 

20 Year 2001 (as enacted into law by Public Law 106–398; 

21 114 Stat. 1654A–170) is amended by adding at the end 

22 the following new paragraph: 

23 ‘‘(3) The amount determined for a person under 

24 paragraph (1) shall be increased to reflect increases in 

25 cost of living since the basic pay referred to in paragraph 


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1 (1)(B) was paid to or for that person, calculated on the 

2 basis of the Consumer Price Index (all items—United 

3 States city average) published monthly by the Bureau of 

4 Labor Statistics.’’. 

5 (b) RECALCULATION OF PREVIOUS PAYMENTS.—In 

6 the case of any payment of back pay made to or for a 

7 person under section 667 of the Floyd D. Spence National 

8 Defense Authorization Act for Fiscal Year 2001 before the 

9 date of the enactment of this Act, the Secretary of the 

10 Navy shall— 

11 (1) recalculate the amount of back pay to which 

12 the person is entitled by reason of the amendment 

13 made by subsection (a); and 

14 (2) if the amount of back pay, as so recal15 culated, exceeds the amount of back pay so paid, pay 

16 the person, or the surviving spouse of the person, an 

17 amount equal to the excess. 

18 TITLE VII—HEALTH CARE 

19 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. 


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

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

on mental health care services. 

Subtitle B—Studies and Reports 

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

Extra. 

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

Sec. 713. Report on patient satisfaction surveys. 

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

Forces before their deployment. 

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

Forces. 

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

and treatment for members of the Armed Forces. 

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

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

Subtitle C—Other Matters 

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

civilian medical and dental positions. 

Sec. 722. Establishment of Joint Pathology Center. 

1 Subtitle A—Improvements to 

2 Military Health Benefits 

3 SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON IN4 CREASES IN CERTAIN HEALTH CARE COSTS 

5 FOR MEMBERS OF THE UNIFORMED SERV6 ICES. 

7 (a) CHARGES UNDER CONTRACTS FOR MEDICAL

8 CARE.—Section 1097(e) of title 10, United States Code, 

9 is amended by striking ‘‘September 30, 2007’’ and insert10 ing ‘‘September 30, 2008’’. 

11 (b) CHARGES FOR INPATIENT CARE.—Section 

12 1086(b)(3) of such title is amended by striking ‘‘Sep13 tember 30, 2007.’’ and inserting ‘‘September 30, 2008’’. 


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1 (c) PREMIUMS UNDER TRICARE COVERAGE FOR

2 CERTAIN MEMBERS IN THE SELECTED RESERVE.—Sec3 tion 1076d(d)(3) of such title is amended by striking 

4 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 

5 2008’’. 

6 SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO7 PAYMENTS UNDER RETAIL PHARMACY SYS8 TEM OF PHARMACY BENEFITS PROGRAM. 

9 During the period beginning on October 1, 2007, and 

10 ending on September 30, 2008, the cost sharing require11 ments established under paragraph (6) of section 

12 1074g(a) of title 10, United States Code, for pharma13 ceutical agents available through retail pharmacies cov14 ered by paragraph (2)(E)(ii) of such section may not ex15 ceed amounts as follows: 

16 (1) In the case of generic agents, $3. 

17 (2) In the case of formulary agents, $9. 

18 (3) In the case of nonformulary agents, $22. 

19 SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PRO20 GRAM IN FEDERAL PROCUREMENT OF PHAR21 MACEUTICALS. 

22 (a) IN GENERAL.—Section 1074g of title 10, United 

23 States Code, is amended— 

24 (1) by redesignating subsections (f) and (g) as 

25 subsections (g) and (h), respectively; and 


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1 (2) by inserting after subsection (e) the fol2 lowing new subsection (f): 

3 ‘‘(f) PROCUREMENT OF PHARMACEUTICALS BY

4 TRICARE RETAIL PHARMACY PROGRAM.—With respect 

5 to any prescription filled on or after the date of the enact6 ment of the National Defense Authorization Act for Fiscal 

7 Year 2008, the TRICARE retail pharmacy program shall 

8 be treated as an element of the Department of Defense 

9 for purposes of the procurement of drugs by Federal agen10 cies under section 8126 of title 38 to the extent necessary 

11 to ensure that pharmaceuticals paid for by the Depart12 ment of Defense that are provided by pharmacies under 

13 the program to eligible covered beneficiaries under this 

14 section are subject to the pricing standards in such section 

15 8126.’’. 

16 (b) REGULATIONS.—The Secretary of Defense shall, 

17 after consultation with the other administering Secretaries 

18 under chapter 55 of title 10, United States Code, modify 

19 the regulations under subsection (h) of section 1074g of 

20 title 10, United States Code (as redesignated by sub21 section (a)(1) of this section), to implement the require22 ments of subsection (f) of section 1074g of title 10, United 

23 States Code (as amended by subsection (a)(2) of this sec24 tion). The Secretary shall so modify such regulations not 

25 later than December 31, 2007. 


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1 SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPO2 NENTS FOR HEALTH CARE FOR CERTAIN DE3 PENDENTS. 

4 The Secretary of Defense may, pursuant to regula5 tions prescribed by the Secretary, pay a stipend to a mem6 ber of a reserve component of the Armed Forces who is 

7 called or ordered to active duty for a period of more than 

8 30 days for purposes of maintaining civilian health care 

9 coverage for a dependant whom the Secretary determines 

10 to possess a special health care need that would be best 

11 met by remaining in the member’s civilian health plan. In 

12 making such determination, the Secretary shall consider 

13 whether— 

14 (1) the dependent of the member was receiving 

15 treatment for the special health care need before the 

16 call or order to active duty of the member; and 

17 (2) the call or order to active duty would result 

18 in an interruption in treatment or a change in 

19 health care provider for such treatment. 

20 SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGI21 BLE FOR CONTINUED HEALTH BENEFITS 

22 COVERAGE. 

23 (a) AUTHORITY TO SPECIFY ADDITIONAL ELIGIBLE

24 PERSONS.—Subsection (b) of section 1078a of title 10, 

25 United States Code, is amended by adding at the end the 

26 following new paragraph: 


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1 ‘‘(4) Any other person specified in regulations 

2 prescribed by the Secretary of Defense for purposes 

3 of this paragraph who loses entitlement to health 

4 care services under this chapter or section 1145 of 

5 this title, subject to such terms and conditions as 

6 the Secretary shall prescribe in the regulations.’’. 

7 (b) ELECTION OF COVERAGE.—Subsection (d) of 

8 such section is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(4) In the case of a person described in sub11 section (b)(4), by such date as the Secretary shall 

12 prescribe in the regulations required for purposes of 

13 that subsection.’’. 

14 (c) PERIOD OF COVERAGE.—Subsection (g)(1) of 

15 such section is amended— 

16 (1) in subparagraph (B), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (C), by striking the period 

19 at the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(D) in the case of a person described in sub23 section (b)(4), the date that is 36 months after the 

24 date on which the person loses entitlement to health 

25 care services as described in that subsection.’’. 


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1 SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE 

2 STANDARD COVERAGE FOR CERTAIN MEM3 BERS OF THE SELECTED RESERVE. 

4 (a) IN GENERAL.—Section 706(f) of the John War5 ner National Defense Authorization Act for Fiscal Year 

6 2007 (Public Law 109–364; 120 Stat. 2282; 10 U.S.C. 

7 1076d note) is amended— 

8 (1) by striking ‘‘Enrollments’’ and inserting 

9 ‘‘(1) Except as provided in paragraph (2), enroll10 ments’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) The enrollment of a member in TRICARE 

14 Standard that is in effect on the day before health care 

15 under TRICARE Standard is provided pursuant to the ef16 fective date in subsection (g) shall not be terminated by 

17 operation of the exclusion of eligibility under subsection 

18 (a)(2) of such section 1076d, as so amended, for the dura19 tion of the eligibility of the member under TRICARE 

20 Standard as in effect on October 16, 2006.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on October 1, 2007. 

23 SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH 

24 CARE DELIVERY. 

25 (a) EXTENSION OF DURATION OF PILOT PRO26 GRAM.—Section 721(e) of the Ronald W. Reagan National 


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1 Defense Authorization Act for Fiscal Year 2005 (Public 

2 Law 108–375; 118 Stat. 1988; 10 U.S.C. 1092 note) is 

3 amended by striking ‘‘and 2007’’ and inserting ‘‘, 2007, 

4 2008, 2009, and 2010’’. 

5 (b) EXTENSION OF REPORT DEADLINE.—Section 

6 721(f) of such Act is amended by striking ‘‘July 1, 2007’’ 

7 and inserting ‘‘July 1, 2010’’. 

8 (c) REVISION IN SELECTION CRITERIA.—Section 

9 721(d)(2) of such Act is amended by striking ‘‘expected 

10 to increase over the next five years’’ and inserting ‘‘has 

11 increased over the five years preceding 2008’’. 

12 (d) ADDITION TO REQUIREMENTS OF PILOT PRO13 GRAM.—Section 721(b) of such Act is amended— 

14 (1) by striking ‘‘and’’ at the end of paragraph 

15 (3); 

16 (2) by striking the period and inserting ‘‘; and’’ 

17 at the end of paragraph (4); and 

18 (3) by adding at the end the following: 

19 ‘‘(5) collaborate with State and local authorities 

20 to create an arrangement to share and exchange, be21 tween the Department of Defense and non-military 

22 health care systems, personal health information and 

23 data of military personnel and their families.’’. 


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1 SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINI2 TION OF HEALTH CARE AND REPORT ON 

3 MENTAL HEALTH CARE SERVICES. 

4 (a) INCLUSION OF MENTAL HEALTH CARE IN DEFI5 NITION OF HEALTH CARE.—Section 1072 of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(10) The term ‘health care’ includes mental 

9 health care.’’. 

10 (b) REPORT ON ACCESS TO MENTAL HEALTH CARE

11 SERVICES.—Not later than one year after the date of the 

12 enactment of this Act, the Secretary of Defense shall sub13 mit to the Committees on Armed Services of the Senate 

14 and the House of Representatives a report on the ade15 quacy of access to mental health services under the 

16 TRICARE program, including in the geographic areas 

17 where surveys on the continued viability of TRICARE 

18 Standard and TRICARE Extra are conducted under sec19 tion 711 of this Act. 

20 Subtitle B—Studies and Reports 

21 SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE 

22 STANDARD AND TRICARE EXTRA. 

23 (a) REQUIREMENT FOR SURVEYS.— 

24 (1) IN GENERAL.—The Secretary of Defense 

25 shall conduct surveys of health care providers and 

26 beneficiaries who use TRICARE in the United 


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1 States to determine, utilizing a reconciliation of the 

2 responses of providers and beneficiaries to such sur3 veys, each of the following: 

4 (A) How many health care providers in 

5 TRICARE Prime service areas selected under 

6 paragraph (3)(A) are accepting new patients 

7 under each of TRICARE Standard and 

8 TRICARE Extra. 

9 (B) How many health care providers in ge10 ographic areas in which TRICARE Prime is not 

11 offered are accepting patients under each of 

12 TRICARE Standard and TRICARE Extra. 

13 (C) The availability of mental health care 

14 providers in TRICARE Prime service areas se15 lected under paragraph (3)(C) and in geo16 graphic areas in which TRICARE Prime is not 

17 offered. 

18 (2) BENCHMARKS.—The Secretary shall estab19 lish for purposes of the surveys required by para20 graph (1) benchmarks for primary care and specialty 

21 care providers, including mental health care pro22 viders, to be utilized to determine the adequacy of 

23 the availability of health care providers to bene24 ficiaries eligible for TRICARE. 


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1 (3) SCOPE OF SURVEYS.—The Secretary shall 

2 carry out the surveys required by paragraph (1) as 

3 follows: 

4 (A) In the case of the surveys required by 

5 subparagraph (A) of that paragraph, in at least 

6 20 TRICARE Prime service areas in the 

7 United States in each of fiscal years 2008 

8 through 2011. 

9 (B) In the case of the surveys required by 

10 subparagraph (B) of that paragraph, in 20 geo11 graphic areas in which TRICARE Prime is not 

12 offered and in which significant numbers of 

13 beneficiaries who are members of the Selected 

14 Reserve reside. 

15 (C) In the case of the surveys required by 

16 subparagraph (C) of that paragraph, in at least 

17 40 geographic areas. 

18 (4) PRIORITY FOR SURVEYS.—In prioritizing 

19 the areas which are to be surveyed under paragraph 

20 (1), the Secretary shall— 

21 (A) consult with representatives of 

22 TRICARE beneficiaries and health care and 

23 mental health care providers to identify loca24 tions where TRICARE Standard beneficiaries 

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1 care problems under TRICARE Standard or 

2 TRICARE Extra; 

3 (B) give a high priority to surveying health 

4 care and mental health care providers in such 

5 areas; and 

6 (C) give a high priority to surveying bene7 ficiaries and providers located in geographic 

8 areas with high concentrations of members of 

9 the Selected Reserve. 

10 (5) INFORMATION FROM PROVIDERS.—The sur11 veys required by paragraph (1) shall include ques12 tions seeking to determine from health care and 

13 mental health care providers the following: 

14 (A) Whether the provider is aware of the 

15 TRICARE program. 

16 (B) What percentage of the provider’s cur17 rent patient population uses any form of 

18 TRICARE. 

19 (C) Whether the provider accepts patients 

20 for whom payment is made under the medicare 

21 program for health care and mental health care 

22 services. 

23 (D) If the provider accepts patients re24 ferred to in subparagraph (C), whether the pro25 vider would accept additional such patients who 


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1 are not in the provider’s current patient popu2 lation. 

3 (6) INFORMATION FROM BENEFICIARIES.—The 

4 surveys required by paragraph (1) shall include 

5 questions seeking information to determine from 

6 TRICARE beneficiaries whether they have difficul7 ties in finding health care and mental health care 

8 providers willing to provide services under 

9 TRICARE Standard or TRICARE Extra. 

10 (b) GAO REVIEW.— 

11 (1) ONGOING REVIEW.—The Comptroller Gen12 eral shall, on an ongoing basis, review— 

13 (A) the processes, procedures, and analysis 

14 used by the Department of Defense to deter15 mine the adequacy of the number of health care 

16 and mental health care providers— 

17 (i) that currently accept TRICARE 

18 Standard or TRICARE Extra beneficiaries 

19 as patients under TRICARE Standard in 

20 each TRICARE area as of the date of 

21 completion of the review; and 

22 (ii) that would accept TRICARE 

23 Standard or TRICARE Extra beneficiaries 

24 as new patients under TRICARE Standard 

25 or TRICARE Extra, as applicable, within 


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1 a reasonable time after the date of comple2 tion of the review; and 

3 (B) the actions taken by the Department 

4 of Defense to ensure ready access of TRICARE 

5 Standard beneficiaries to health care and men6 tal health care under TRICARE Standard in 

7 each TRICARE area, including any pending or 

8 resolved requests for waiver of payment limits 

9 in order to improve access to health care or 

10 mental health care in a specific geographic 

11 area. 

12 (2) REPORTS.—The Comptroller General shall 

13 submit to the Committees on Armed Services of the 

14 Senate and the House of Representatives on a bi-an15 nual basis a report on the results of the review 

16 under paragraph (1). Each report shall include the 

17 following: 

18 (A) An analysis of the adequacy of the sur19 veys under subsection (a). 

20 (B) An identification of any impediments 

21 to achieving adequacy of availability of health 

22 care and mental health care under TRICARE 

23 Standard or TRICARE Extra. 

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1 form health care and mental health care pro2 viders about TRICARE Standard and 

3 TRICARE Extra. 

4 (D) An assessment of the adequacy of De5 partment of Defense initiatives to encourage 

6 health care and mental health care providers to 

7 accept patients under TRICARE Standard and 

8 TRICARE Extra. 

9 (E) An assessment of the adequacy of in10 formation available to TRICARE Standard 

11 beneficiaries to facilitate access by such bene12 ficiaries to health care and mental health care 

13 under TRICARE Standard and TRICARE 

14 Extra. 

15 (F) An assessment of any need for adjust16 ment of health care and mental health care pro17 vider payment rates to attract participation in 

18 TRICARE Standard by appropriate numbers of 

19 health care and mental health care providers. 

20 (G) An assessment of the adequacy of De21 partment of Defense programs to inform mem22 bers of the Selected Reserve about the 

23 TRICARE Reserve Select program. 


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1 (H) An assessment of the ability of 

2 TRICARE Reserve Select beneficiaries to re3 ceive care in their geographic area. 

4 (c) EFFECTIVE DATE.—This section shall take effect 

5 on October 1, 2007. 

6 (d) REPEAL OF SUPERSEDED REQUIREMENTS AND

7 AUTHORITY.—Section 723 of the National Defense Au8 thorization Act for Fiscal Year 2004 (10 U.S.C. 1073 

9 note) is repealed, effective as of October 1, 2007. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘TRICARE Extra’’ means the 

12 option of the TRICARE program under which 

13 TRICARE Standard beneficiaries may obtain dis14 counts on cost-sharing as a result of using 

15 TRICARE network providers. 

16 (2) The term ‘‘TRICARE Prime’’ means the 

17 managed care option of the TRICARE program. 

18 (3) The term ‘‘TRICARE Prime service area’’ 

19 means a geographic area designated by the Depart20 ment of Defense in which managed care support 

21 contractors develop a managed care network under 

22 TRICARE Prime. 

23 (4) The term ‘‘TRICARE Standard’’ means the 

24 option of the TRICARE program that is also known 

25 as the Civilian Health and Medical Program of the 


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1 Uniformed Services, as defined in section 1072(4) of 

2 title 10, United States Code. 

3 (5) The term ‘‘TRICARE Reserve Select’’ 

4 means the option of the TRICARE program that al5 lows members of the Selected Reserve to enroll in 

6 TRICARE Standard, pursuant to section 1076d of 

7 title 10, United States Code. 

8 (6) The term ‘‘member of the Selected Reserve’’ 

9 means a member of the Selected Reserve of the 

10 Ready Reserve of a reserve component of the Armed 

11 Forces. 

12 (7) The term ‘‘United States’’ means the 

13 United States (as defined in section 101(a) of title 

14 10, United States Code), its possessions (as defined 

15 in such section), and the Commonwealth of Puerto 

16 Rico. 

17 SEC. 712. REPORT ON TRAINING IN PRESERVATION OF RE18 MAINS UNDER COMBAT OR COMBAT-RE19 LATED CONDITIONS. 

20 (a) REPORT REQUIRED.—The Secretary of Defense 

21 shall submit to the Committees on Armed Services of the 

22 Senate and the House of Representatives a report on the 

23 requirements of section 567 of the John Warner National 

24 Defense Authorization Act for Fiscal Year 2007 (Public 

25 Law 109–364; 120 Stat. 2224; 10 U.S.C. 1481 note). 


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1 (b) MATTERS COVERED.—The report shall include a 

2 detailed description of the implementation of such section, 

3 including— 

4 (1) where the training program is taking place; 

5 (2) who is providing the training; 

6 (3) the number of each type of military health 

7 care professional trained to date; and 

8 (4) what the training covers. 

9 (c) DEADLINE.—The report required by this section 

10 shall be submitted not later than 180 days after the date 

11 of the enactment of this Act. 

12 SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS. 

13 (a) REPORT REQUIRED.—Not later than March 1, 

14 2008, the Secretary of Defense shall submit to the con15 gressional defense committees a report on the ongoing pa16 tient satisfaction surveys taking place in Department of 

17 Defense inpatient and outpatient settings at military 

18 treatment facilities. 

19 (b) CONTENT.—The report required under subsection 

20 (a) shall include the following: 

21 (1) The types of survey questions asked. 

22 (2) How frequently the surveying is conducted. 

23 (3) How often the results are analyzed and re24 ported back to the treatment facilities. 

25 (4) To whom survey feedback is made available. 


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1 (5) How best practices are incorporated for 

2 quality improvement. 

3 (6) An analysis of the effect of inpatient and 

4 outpatient surveys on quality improvement and a 

5 comparison of patient satisfaction survey programs 

6 with patient satisfaction survey programs used by 

7 other public and private health care systems and or8 ganizations. 

9 (c) USE OF REPORT INFORMATION.—The Secretary 

10 shall use information in the report as the basis for a plan 

11 for improvements in patient satisfaction surveys used to 

12 assess health care at military treatment facilities in order 

13 to ensure the provision of high quality health care and 

14 hospital services in such facilities. 

15 SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS 

16 OF MEMBERS OF THE ARMED FORCES BE17 FORE THEIR DEPLOYMENT. 

18 Not later than April 1, 2008, the Secretary of De19 fense shall submit to the Committees on Armed Services 

20 of the Senate and the House of Representatives a report 

21 setting forth the following: 

22 (1) A comparison of the policies of the military 

23 departments concerning medical physical examina24 tions of members of the Armed Forces before their 

25 deployment, including an identification of instances 


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1 in which a member (including a member of a reserve 

2 component) may be required to undergo multiple 

3 physical examinations, from the time of notification 

4 of an upcoming deployment through the period of 

5 preparation for deployment. 

6 (2) An assessment of the current policies re7 lated to, as well as the feasibility of, each of the fol8 lowing: 

9 (A) A single predeployment physical exam10 ination for members of the Armed Forces be11 fore their deployment. 

12 (B) A single system for tracking electroni13 cally the results of examinations under subpara14 graph (A) that can be shared among the mili15 tary departments and thereby eliminate redun16 dancy of medical physical examinations for 

17 members of the Armed Forces before their de18 ployment. 

19 SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINA20 TIONS OF MEMBERS OF THE ARMED FORCES. 

21 (a) REPORT REQUIRED.—Not later than 90 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit to the Committees on Armed Serv24 ices of the Senate and the House of Representatives a re25 port on the policies of the Department of Defense for adVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ministering and evaluating the vaccination of members of 

2 the Armed Forces. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) An assessment of the Department’s policies 

6 governing the administration of multiple vaccina7 tions in a 24-hour period, including the procedures 

8 providing for a full review of an individual’s medical 

9 history prior to the administration of multiple vac10 cinations, and whether such policies and procedures 

11 differ for members of the Armed Forces on active 

12 duty and members of reserve components. 

13 (2) An assessment of how the Department’s 

14 policies on multiple vaccinations in a 24-hour period 

15 conform to current regulations of the Food and 

16 Drug Administration and research performed or 

17 being performed by the Centers for Disease Control, 

18 other non-military Federal agencies, and non-Fed19 eral institutions on multiple vaccinations in a 24- 

20 hour period. 

21 (3) An assessment of the Department’s proce22 dures for initiating investigations of deaths of mem23 bers of the Armed Forces in which vaccinations may 

24 have played a role, including whether such investigaVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tions can be requested by family members of the de2 ceased individuals. 

3 (4) The number of deaths of members of the 

4 Armed Forces since May 18, 1998, that the Depart5 ment has investigated for the potential role of vac6 cine administration, including both the number of 

7 deaths investigated that was alleged to have involved 

8 more than one vaccine administered in a given 24- 

9 hour period and the number of deaths investigated 

10 that was determined to have involved more than one 

11 vaccine administered in a given 24-hour period. 

12 (5) An assessment of the procedures for pro13 viding the Adjutants General of the various States 

14 and territories with up-to-date information on the ef15 fectiveness and potential allergic reactions and side 

16 effects of vaccines required to be taken by National 

17 Guard members. 

18 (6) An assessment of whether procedures are in 

19 place to provide that the Adjutants General of the 

20 various States and territories retain updated medical 

21 records of each National Guard member called up 

22 for active duty. 


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1 SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPE2 CIFIC MENTAL HEALTH SERVICES AND 

3 TREATMENT FOR MEMBERS OF THE ARMED 

4 FORCES. 

5 (a) COMPREHENSIVE REVIEW.—The Secretary of 

6 Defense shall conduct a comprehensive review of— 

7 (1) the need for gender- and ethnic group-spe8 cific mental health treatment and services for mem9 bers of the Armed Forces; and 

10 (2) the efficacy and adequacy of existing 

11 gender- and ethnic group-specific mental health 

12 treatment programs and services for members of the 

13 Armed Forces, to include availability of and access 

14 to such programs. 

15 (b) ELEMENTS.—The review required by subsection 

16 (a) shall include, but not be limited to, an assessment of 

17 the following: 

18 (1) The need for gender- and ethnic group-spe19 cific mental health outreach, prevention, and treat20 ment services for members of the Armed Forces. 

21 (2) The access to and efficacy of existing 

22 gender- and ethnic group-specific mental health out23 reach, prevention, and treatment services and pro24 grams (including substance abuse programs). 

25 (3) The availability of gender- and ethnic 

26 group-specific services and treatment for members of 


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1 the Armed Forces who experienced sexual assault or 

2 abuse. 

3 (4) The access to and need for treatment facili4 ties focusing on the gender- and ethnic group-spe5 cific mental health care needs of members of the 

6 Armed Forces. 

7 (5) The need for further clinical research on the 

8 gender- and ethnic group-specific needs of members 

9 of the Armed Forces who served in a combat zone. 

10 (c) REPORT.—Not later than 90 days after the date 

11 of the enactment of this Act, the Secretary of Defense 

12 shall submit to the congressional defense committees a re13 port on the review required by subsection (a). 

14 SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND 

15 THE TRICARE PROGRAM. 

16 (a) REGULATIONS.—The Secretary of Defense shall 

17 prescribe regulations to establish criteria that licensed or 

18 certified mental health counselors shall meet in order to 

19 be able to independently provide care to TRICARE bene20 ficiaries and receive payment under the TRICARE pro21 gram for such services. The criteria shall include require22 ments for education level, licensure, certification, and clin23 ical experience as considered appropriate by the Secretary. 

24 (b) STUDY REQUIRED.—The Secretary of Defense 

25 shall enter into a contract with the Institute of Medicine 


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1 of the National Academy of Sciences, or another similarly 

2 qualified independent academic medical organization, for 

3 the purpose of— 

4 (1) conducting an independent study of the cre5 dentials, preparation, and training of individuals 

6 practicing as licensed mental health counselors; and 

7 (2) making recommendations for permitting li8 censed mental health counselors to practice inde9 pendently under the TRICARE program. 

10 (c) ELEMENTS OF STUDY.— 

11 (1) EDUCATIONAL REQUIREMENTS.—The study 

12 required by subsection (b) shall provide for an as13 sessment of the educational requirements and cur14 ricula relevant to mental health practice for licensed 

15 mental health counselors, including types of degrees 

16 recognized, certification standards for graduate pro17 grams for such profession, and recognition of under18 graduate coursework for completion of graduate de19 gree requirements. 

20 (2) LICENSING REQUIREMENTS.—The study re21 quired by subsection (b) shall provide for an assess22 ment of State licensing requirements for licensed 

23 mental health counselors, including for each level of 

24 licensure if a State issues more than one type of li25 cense for the profession. The assessment shall examVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ine requirements in the areas of education, training, 

2 examination, continuing education, and ethical 

3 standards, and shall include an evaluation of the ex4 tent to which States authorize members of the li5 censed mental health counselor profession to diag6 nose and treat mental illnesses. 

7 (3) CLINICAL EXPERIENCE REQUIREMENTS.— 

8 The study required by subsection (b) shall provide 

9 for an analysis of the requirements for clinical expe10 rience for a licensed mental health counselor to be 

11 recognized under regulations for the TRICARE pro12 gram, and recommendations, if any, for standardiza13 tion or adjustment of such requirements. 

14 (4) INDEPENDENT PRACTICE UNDER OTHER

15 FEDERAL PROGRAMS.—The study required by sub16 section (b) shall provide for an assessment of the ex17 tent to which licensed mental health counselors are 

18 authorized to practice independently under other 

19 Federal programs (such as the Medicare program, 

20 the Department of Veterans Affairs, the Indian 

21 Health Service, and Head Start), and a review of 

22 the relationship, if any, between recognition of men23 tal health professions under the Medicare program 

24 and independent practice authority for such profes25 sion under the TRICARE program. 


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1 (5) INDEPENDENT PRACTICE UNDER FEHBP.— 

2 The study required by subsection (b) shall provide 

3 for an assessment of the extent to which licensed 

4 mental health counselors are authorized to practice 

5 independently under the Federal Employee Health 

6 Benefits Program and private insurance plans. The 

7 assessment shall identify the States having laws re8 quiring private insurers to cover, or offer coverage 

9 of, the services of members of licensed mental health 

10 counselors and shall identify the conditions, if any, 

11 that are placed on coverage of practitioners under 

12 the profession by insurance plans and how fre13 quently these types of conditions are used by insur14 ers. 

15 (6) HISTORICAL REVIEW OF REGULATIONS.— 

16 The study required by subsection (b) shall provide 

17 for a review of the history of regulations prescribed 

18 by the Department of Defense regarding which 

19 members of the mental health profession are recog20 nized as providers under the TRICARE program as 

21 independent practitioners, and an examination of the 

22 recognition by the Department of third-party certifi23 cation for members of such profession. 

24 (7) CLINICAL CAPABILITIES STUDIES.—The 

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1 view of outcome studies and of the literature regard2 ing the comparative quality and effectiveness of care 

3 provided by licensed mental health counselors and 

4 provide an independent review of the findings. 

5 (d) RECOMMENDATIONS FOR TRICARE INDE6 PENDENT PRACTICE AUTHORITY.—The recommendations 

7 provided under subsection (b)(2) shall include rec8 ommendations regarding modifications of current policy 

9 for the TRICARE program with respect to allowing li10 censed mental health counselors to practice independently 

11 under the TRICARE program. 

12 (e) REPORT.—Not later than March 1, 2009, the 

13 Secretary of Defense shall submit to the Committees on 

14 Armed Services of the Senate and the House of Represent15 atives a report on the review required by subsection (b). 

16 SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF 

17 DEFENSE FOR HEALTH CARE. 

18 (a) REPORT.—If the President submits to Congress 

19 the budget for a fiscal year under section 1105 of title 

20 31, United States Code, and the aggregate amount in21 cluded in that budget for the Department of Defense for 

22 health care for such fiscal year is less than the aggregate 

23 amount provided by Congress for the Department for 

24 health care for the preceding fiscal year, and, in the case 

25 of the Department, the total allocation from the Defense 


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1 Health Program to any military department is less than 

2 the total of such allocation in the preceding fiscal year, 

3 the President shall submit to Congress a report on— 

4 (1) the reasons for the determination that in5 clusion of a lesser aggregate amount or allocation to 

6 any military department is in the national interest; 

7 and 

8 (2) the anticipated effects of the inclusion of 

9 such lesser aggregate amount or allocation to any 

10 military department on the access to and delivery of 

11 medical and support services to members of the 

12 Armed Forces and their family members. 

13 (b) TERMINATION.—The section shall not be in effect 

14 after December 31, 2017. 

15 Subtitle C—Other Matters 

16 SEC. 721. PROHIBITION ON CONVERSION OF MILITARY 

17 MEDICAL AND DENTAL POSITIONS TO CIVIL18 IAN MEDICAL AND DENTAL POSITIONS. 

19 (a) PROHIBITION.—The Secretary of a military de20 partment may not convert any military medical or dental 

21 position to a civilian medical or dental position during the 

22 period beginning on October 1, 2007, and ending on Sep23 tember 30, 2012. 

24 (b) RESTORATION OF CERTAIN POSITIONS TO MILI25 TARY POSITIONS.—In the case of any military medical or 


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1 dental position that is converted to a civilian medical or 

2 dental position during the period beginning on October 1, 

3 2004, and ending on September 30, 2008, if the position 

4 is not filled by a civilian by September 30, 2008, the Sec5 retary of the military department concerned shall restore 

6 the position to a military medical or dental position that 

7 can be filled only by a member of the Armed Forces who 

8 is a health professional. 

9 (c) REPORT.— 

10 (1) REQUIREMENT.—The Secretary of Defense 

11 shall submit to the congressional defense committees 

12 a report on conversions made during fiscal year 

13 2007 not later than 180 days after the enactment of 

14 this Act. 

15 (2) MATTERS COVERED.—The report shall in16 clude the following: 

17 (A) The number of military medical or 

18 dental positions, by grade or band and spe19 cialty, converted to civilian medical or dental 

20 positions. 

21 (B) The results of a market survey in each 

22 affected area of the availability of civilian med23 ical and dental care providers in such area in 

24 order to determine whether there were civilian 

25 medical and dental care providers available in 


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1 such area adequate to fill the civilian positions 

2 created by the conversion of military medical 

3 and dental positions to civilian positions in such 

4 area. 

5 (C) An analysis, by affected area, showing 

6 the extent to which access to health care and 

7 cost of health care was affected in both the di8 rect care and purchased care systems, including 

9 an assessment of the effect of any increased 

10 shifts in patient load from the direct care to the 

11 purchased care system, or any delays in receipt 

12 of care in either the direct or purchased care 

13 system because of the conversions. 

14 (D) The extent to which military medical 

15 and dental positions converted to civilian med16 ical or dental positions affected recruiting and 

17 retention of uniformed medical and dental per18 sonnel. 

19 (E) A comparison of the full costs for the 

20 military medical and dental positions converted 

21 with the full costs for civilian medical and den22 tal positions, including expenses such as re23 cruiting, salary, benefits, training, and any 

24 other costs the Department identifies. 


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1 (F) An assessment showing that the mili2 tary medical or dental positions converted were 

3 in excess of the military medical and dental po4 sitions needed to meet medical and dental read5 iness requirements of the uniformed services, as 

6 determined jointly by all the uniformed services. 

7 (d) DEFINITIONS.—In this section: 

8 (1) The term ‘‘military medical or dental posi9 tion’’ means a position for the performance of health 

10 care functions within the Armed Forces held by a 

11 member of the Armed Forces. 

12 (2) The term ‘‘civilian medical or dental posi13 tion’’ means a position for the performance of health 

14 care functions within the Department of Defense 

15 held by an employee of the Department or of a con16 tractor of the Department. 

17 (3) The term ‘‘uniformed services’’ has the 

18 meaning given that term in section 1072(1) of title 

19 10, United States Code. 

20 (4) The term ‘‘conversion’’, with respect to a 

21 military medical or dental position, means a change 

22 of the position to a civilian medical or dental posi23 tion, effective as of the date of the manning author24 ization document of the military department making 

25 the change (through a change in designation from 


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1 military to civilian in the document, the elimination 

2 of the listing of the position as a military position 

3 in the document, or through any other means indi4 cating the change in the document or otherwise). 

5 (e) REPEAL.—Section 742 of the John Warner Na6 tional Defense Authorization Act for Fiscal Year 2007 

7 (Public Law 109–364; 120 Stat. 2306) is repealed. 

8 SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) The Secretary of Defense proposed to dis12 establish all elements of the Armed Forces Institute 

13 of Pathology, except the National Medical Museum 

14 and the Tissue Repository, as part of the rec15 ommendations of the Secretary for the closure of 

16 Walter Reed Army Medical Center in the 2005 

17 round of defense base closure and realignment. 

18 (2) The Defense Base Closure and Realignment 

19 Commission altered, but did not reject, the proposal 

20 of the Secretary of Defense to disestablish the 

21 Armed Forces Institute of Pathology. 

22 (3) The Commission’s recommendation that the 

23 Armed Forces Institute of Pathology’s ‘‘capabilities 

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1 ties’’ provides the flexibility to retain a Joint Pathol2 ogy Center as a Department of Defense or Federal 

3 entity. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Armed Forces Institute of Pathology has 

6 provided important medical benefits to the Armed Forces 

7 and to the United States and that the Federal Govern8 ment should retain a Joint Pathology Center. 

9 (c) ESTABLISHMENT.— 

10 (1) ESTABLISHMENT REQUIRED.—The Presi11 dent shall establish and maintain a Joint Pathology 

12 Center that shall function as the reference center in 

13 pathology for the Federal Government. 

14 (2) ESTABLISHMENT WITHIN DOD.—Except as 

15 provided in paragraph (3), the Joint Pathology Cen16 ter shall be established in the Department of De17 fense, consistent with the final recommendations of 

18 the 2005 Defense Base Closure and Realignment 

19 Commission, as approved by the President. 

20 (3) ESTABLISHMENT IN ANOTHER DEPART21 MENT.—If the President makes a determination, 

22 within 180 days after the date of the enactment of 

23 this Act, that the Joint Pathology Center cannot be 

24 established in the Department of Defense, the Joint 

25 Pathology Center shall be established as an element 


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1 of a Federal agency other than the Department of 

2 Defense. The President shall incorporate the selec3 tion of such agency into the determination made 

4 under this paragraph. 

5 (d) SERVICES.—The Joint Pathology Center shall 

6 provide, at a minimum, the following: 

7 (1) Diagnostic pathology consultation services 

8 in medicine, dentistry, and veterinary sciences. 

9 (2) Pathology education, to include graduate 

10 medical education, including residency and fellow11 ship programs, and continuing medical education. 

12 (3) Diagnostic pathology research. 

13 (4) Maintenance and continued modernization 

14 of the Tissue Repository and, as appropriate, utiliza15 tion of the Repository in conducting the activities 

16 described in paragraphs (1) through (3). 

17 TITLE VIII—ACQUISITION POL18 ICY, ACQUISITION MANAGE19 MENT, AND RELATED MAT20 TERS 

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. 


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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. 

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. 


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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. 

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. 


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

1 SEC. 800. SHORT TITLE. 

2 This title may be cited as the ‘‘Acquisition Improve3 ment and Accountability Act of 2007’’. 

4 Subtitle A—Acquisition Policy and 

5 Management 

6 SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON 

7 BEHALF OF THE DEPARTMENT OF DEFENSE 

8 BY CERTAIN NON-DEFENSE AGENCIES. 

9 (a) INSPECTORS GENERAL REVIEWS AND DETER10 MINATIONS.— 

11 (1) IN GENERAL.—For each covered non-de12 fense agency, the Inspector General of the Depart13 ment of Defense and the Inspector General of such 

14 covered non-defense agency shall, not later than the 

15 date specified in paragraph (2), jointly— 

16 (A) review— 

17 (i) the procurement policies, proce18 dures, and internal controls of such cov19 ered non-defense agency that are applica20 ble to the procurement of property and 

21 services on behalf of the Department by 

22 such covered non-defense agency; and 

23 (ii) the administration of such poli24 cies, procedures, and internal controls; and 


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1 (B) determine in writing whether such cov2 ered non-defense agency is or is not compliant 

3 with defense procurement requirements. 

4 (2) DEADLINE FOR REVIEWS AND DETERMINA5 TIONS.—The reviews and determinations required by 

6 paragraph (1) shall take place as follows: 

7 (A) In the case of the General Services Ad8 ministration, by not later than March 15, 2010. 

9 (B) In the case of each of the Department 

10 of the Treasury, the Department of the Inte11 rior, and the National Aeronautics and Space 

12 Administration, by not later than March 15, 

13 2011. 

14 (C) In the case of each of the Department 

15 of Veterans Affairs and the National Institutes 

16 of Health, by not later than March 15, 2012. 

17 (3) SEPARATE REVIEWS AND DETERMINA18 TIONS.—The Inspector General of the Department 

19 of Defense and the Inspector General of a covered 

20 non-defense agency may by joint agreement conduct 

21 separate reviews of the procurement of property and 

22 services on behalf of the Department of Defense that 

23 are conducted by separate business units, or under 

24 separate government-wide acquisition contracts, of 

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1 views are conducted, the Inspectors General shall 

2 make a separate determination under paragraph 

3 (1)(B) with respect to each such separate review. 

4 (4) MEMORANDA OF UNDERSTANDING FOR RE5 VIEWS AND DETERMINATIONS.—Not later than one 

6 year before a review and determination is required 

7 under this subsection with respect to a covered non8 defense agency, the Inspector General of the Depart9 ment of Defense and the Inspector General of the 

10 covered non-defense agency shall enter into a memo11 randum of understanding with each other to carry 

12 out such review and determination. 

13 (5) TERMINATION OF NON-COMPLIANCE DETER14 MINATION.—If the Inspector General of the Depart15 ment of Defense and the Inspector General of a cov16 ered non-defense agency determine, pursuant to 

17 paragraph (1)(B), that a covered non-defense agency 

18 is not compliant with defense procurement require19 ments, the Inspectors General shall terminate such 

20 a determination effective on the date on which the 

21 Inspectors General jointly— 

22 (A) determine that the non-defense agency 

23 is compliant with defense procurement require24 ments; and 


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1 (B) notify the Secretary of Defense of that 

2 determination. 

3 (6) RESOLUTION OF DISAGREEMENTS.—If the 

4 Inspector General of the Department of Defense and 

5 the Inspector General of a covered non-defense agen6 cy are unable to agree on a joint determination 

7 under this subsection, a determination by the In8 spector General of the Department of Defense under 

9 this subsection shall be conclusive for the purposes 

10 of this section. 

11 (b) LIMITATION ON PROCUREMENTS ON BEHALF OF

12 DEPARTMENT OF DEFENSE.— 

13 (1) Except as provided in paragraph (2), an ac14 quisition official of the Department of Defense may 

15 place an order, make a purchase, or otherwise pro16 cure property or services for the Department of De17 fense in excess of the simplified acquisition threshold 

18 through a non-defense agency only if— 

19 (A) in the case of a procurement by any 

20 non-defense agency in any fiscal year, the head 

21 of the non-defense agency has certified that the 

22 non-defense agency will comply with defense 

23 procurement requirements for the fiscal year; 

24 (B) in the case of— 


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1 (i) a procurement by a covered non2 defense agency in a fiscal year for which a 

3 memorandum of understanding is required 

4 by subsection (a)(4), the Inspector General 

5 of the Department of Defense and the In6 spector General of the covered non-defense 

7 agency have entered into such a memo8 randum of understanding; or 

9 (ii) a procurement by a covered non10 defense agency in a fiscal year following 

11 the Inspectors General review and deter12 mination required by subsection (a), the 

13 Inspectors General have determined that a 

14 covered non-defense agency is compliant 

15 with defense procurement requirements or 

16 have terminated a prior determination of 

17 non-compliance in accordance with sub18 section (a)(5); and 

19 (C) the procurement is not otherwise pro20 hibited by section 817 of the John Warner Na21 tional Defense Authorization Act for Fiscal 

22 Year 2007 (Public Law 109–364) or section 

23 811 of the National Defense Authorization Act 

24 for Fiscal Year 2006 (Public Law 109–163). 


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1 (2) EXCEPTION FOR PROCUREMENTS OF NEC2 ESSARY PROPERTY AND SERVICES.— 

3 (A) IN GENERAL.—The limitation in para4 graph (1) shall not apply to the procurement of 

5 property and services on behalf of the Depart6 ment of Defense by a non-defense agency dur7 ing any fiscal year for which there is in effect 

8 a written determination of the Under Secretary 

9 of Defense for Acquisition, Technology, and Lo10 gistics that it is necessary in the interest of the 

11 Department of Defense to procure property and 

12 services through the non-defense agency during 

13 such fiscal year. 

14 (B) SCOPE OF PARTICULAR EXCEPTION.— 

15 A written determination with respect to a non16 defense agency under subparagraph (A) shall 

17 apply to any category of procurements through 

18 the non-defense agency that is specified in the 

19 determination. 

20 (c) GUIDANCE ON INTERAGENCY CONTRACTING.— 

21 (1) REQUIREMENT.—Not later than 180 days 

22 after the date of enactment of this Act, the Sec23 retary of Defense shall issue guidance on the use of 

24 interagency contracting by the Department of De25 fense. 


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1 (2) MATTERS COVERED.—The guidance re2 quired by paragraph (1) shall address the cir3 cumstances in which it is appropriate for Depart4 ment of Defense acquisition officials to procure 

5 goods or services through a contract entered into by 

6 an agency outside the Department of Defense. At a 

7 minimum, the guidance shall address— 

8 (A) the circumstances in which it is appro9 priate for such acquisition officials to use direct 

10 acquisitions; 

11 (B) the circumstances in which it is appro12 priate for such acquisition officials to use as13 sisted acquisitions; 

14 (C) the circumstances in which it is appro15 priate for such acquisition officials to use inter16 agency contracting to acquire items unique to 

17 the Department of Defense and the procedures 

18 for approving such interagency contracting; 

19 (D) the circumstances in which it is appro20 priate for such acquisition officials to use inter21 agency contracting to acquire items that are al22 ready being provided under a contract awarded 

23 by the Department of Defense; 

24 (E) tools that should be used by such ac25 quisition officials to determine whether items 


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1 are already being provided under a contract 

2 awarded by the Department of Defense; and 

3 (F) procedures for ensuring that defense 

4 procurement requirements are identified and 

5 communicated to outside agencies involved in 

6 interagency contracting. 

7 (d) COMPLIANCE WITH DEFENSE PROCUREMENT

8 REQUIREMENTS.—For the purposes of this section, a non9 defense agency is compliant with defense procurement re10 quirements if the procurement policies, procedures, and 

11 internal controls of the non-defense agency applicable to 

12 the procurement of products and services on behalf of the 

13 Department of Defense, and the manner in which they are 

14 administered, are adequate to ensure the compliance of 

15 the non-defense agency with the requirements of laws and 

16 regulations (including applicable Department of Defense 

17 financial management regulations) that apply to procure18 ments of property and services made directly by the De19 partment of Defense. 

20 (e) TREATMENT OF PROCUREMENTS FOR FISCAL

21 YEAR PURPOSES.—For the purposes of this section, a 

22 procurement shall be treated as being made during a par23 ticular fiscal year to the extent that funds are obligated 

24 by the Department of Defense for the procurement in that 

25 fiscal year. 


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1 (f) DEFINITIONS.—In this section: 

2 (1) NON-DEFENSE AGENCY.—The term ‘‘non3 defense agency’’ means any department or agency of 

4 the Federal Government other than the Department 

5 of Defense. Such term includes a covered non-de6 fense agency. 

7 (2) COVERED NON-DEFENSE AGENCY.—The 

8 term ‘‘covered non-defense agency’’ means each of 

9 the following: 

10 (A) The General Services Administration. 

11 (B) The Department of the Treasury. 

12 (C) The Department of the Interior. 

13 (D) The National Aeronautics and Space 

14 Administration. 

15 (E) The Department of Veterans Affairs. 

16 (F) The National Institutes of Health. 

17 (3) GOVERNMENT-WIDE ACQUISITION CON18 TRACT.—The term ‘‘government-wide acquisition 

19 contract’’ means a task or delivery order contract 

20 that— 

21 (A) is entered into by a non-defense agen22 cy; and 

23 (B) may be used as the contract under 

24 which property or services are procured for one 


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1 or more other departments or agencies of the 

2 Federal Government. 

3 (4) SIMPLIFIED ACQUISITION THRESHOLD.— 

4 The term ‘‘simplified acquisition threshold’’ has the 

5 meaning provided by section 2302(7) of title 10, 

6 United States Code. 

7 (5) INTERAGENCY CONTRACTING.—The term 

8 ‘‘interagency contracting’’ means the exercise of the 

9 authority under section 1535 of title 31, United 

10 States Code, or other statutory authority, for Fed11 eral agencies to purchase goods and services under 

12 contracts entered into or administered by other 

13 agencies. 

14 (6) ACQUISITION OFFICIAL.—The term ‘‘acqui15 sition official’’, with respect to the Department of 

16 Defense, means— 

17 (A) a contracting officer of the Depart18 ment of Defense; or 

19 (B) any other Department of Defense offi20 cial authorized to approve a direct acquisition 

21 or an assisted acquisition on behalf of the De22 partment of Defense. 

23 (7) DIRECT ACQUISITION.—The term ‘‘direct 

24 acquisition’’, with respect to the Department of De25 fense, means the type of interagency contracting 


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1 through which the Department of Defense orders an 

2 item or service from a government-wide acquisition 

3 contract maintained by a non-defense agency. 

4 (8) ASSISTED ACQUISITION.—The term ‘‘as5 sisted acquisition’’, with respect to the Department 

6 of Defense, means the type of interagency con7 tracting through which acquisition officials of a non8 defense agency award a contract or task or delivery 

9 order for the procurement of goods or services on 

10 behalf of the Department of Defense. 

11 SEC. 802. LEAD SYSTEMS INTEGRATORS. 

12 (a) PROHIBITIONS ON THE USE OF LEAD SYSTEMS

13 INTEGRATORS.— 

14 (1) PROHIBITION ON NEW LEAD SYSTEMS INTE15 GRATORS.—Effective October 1, 2010, the Depart16 ment of Defense may not award a new contract for 

17 lead systems integrator functions in the acquisition 

18 of a major system to any entity that was not per19 forming lead systems integrator functions in the ac20 quisition of the major system prior to the date of the 

21 enactment of this Act. 

22 (2) PROHIBITION ON LEAD SYSTEMS INTEGRA23 TORS BEYOND LOW-RATE INITIAL PRODUCTION.— 

24 Effective on the date of the enactment of this Act, 

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1 tract for lead systems integrator functions in the ac2 quisition of a major system only if— 

3 (A) the major system has not yet pro4 ceeded beyond low-rate initial production; or 

5 (B) the Secretary of Defense determines in 

6 writing that it would not be practicable to carry 

7 out the acquisition without continuing to use a 

8 contractor to perform lead systems integrator 

9 functions and that doing so is in the best inter10 est of the Department. 

11 (3) REQUIREMENTS RELATING TO DETERMINA12 TIONS.—A determination under paragraph (2)(B)— 

13 (A) shall specify the reasons why it would 

14 not be practicable to carry out the acquisition 

15 without continuing to use a contractor to per16 form lead systems integrator functions (includ17 ing a discussion of alternatives, such as the use 

18 of the Department of Defense workforce, or a 

19 system engineering and technical assistance 

20 contractor); 

21 (B) shall include a plan for phasing out 

22 the use of contracted lead systems integrator 

23 functions over the shortest period of time con24 sistent with the interest of the national defense; 


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1 (C) may not be delegated below the level of 

2 the Under Secretary of Defense for Acquisition, 

3 Technology, and Logistics; and 

4 (D) shall be provided to the Committees on 

5 Armed Services of the Senate and the House of 

6 Representatives at least 45 days before the 

7 award of a contract pursuant to the determina8 tion. 

9 (b) ACQUISITION WORKFORCE.— 

10 (1) REQUIREMENT.—The Secretary of Defense 

11 shall ensure that the acquisition workforce is of the 

12 appropriate size and skill level necessary— 

13 (A) to accomplish inherently governmental 

14 functions related to acquisition of major sys15 tems; and 

16 (B) to effectuate the purpose of subsection 

17 (a) to minimize and eventually eliminate the use 

18 of contractors to perform lead systems inte19 grator functions. 

20 (2) REPORT.—The Secretary shall include an 

21 update on the progress made in complying with 

22 paragraph (1) in the annual report required by sec23 tion 820 of the John Warner National Defense Au24 thorization Act for Fiscal Year 2007 (Public Law 

25 109–364; 120 Stat. 2330). 


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1 (c) EXCEPTION FOR CONTRACTS FOR OTHER MAN2 AGEMENT SERVICES.—The Department of Defense may 

3 continue to award contracts for the procurement of serv4 ices the primary purpose of which is to perform acquisition 

5 support functions with respect to the development or pro6 duction of a major system, if the following conditions are 

7 met with respect to each such contract: 

8 (1) The contract prohibits the contractor from 

9 performing inherently governmental functions. 

10 (2) The Department of Defense organization 

11 responsible for the development or production of the 

12 major system ensures that Federal employees are re13 sponsible for— 

14 (A) determining courses of action to be 

15 taken in the best interest of the government; 

16 and 

17 (B) determining best technical perform18 ance for the warfighter. 

19 (3) The contract requires that the prime con20 tractor for the contract may not advise or rec21 ommend the award of a contract or subcontract for 

22 the development or production of the major system 

23 to an entity owned in whole or in part by the prime 

24 contractor. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) LEAD SYSTEMS INTEGRATOR.—The term 

2 ‘‘lead systems integrator’’ means— 

3 (A) a prime contractor for the development 

4 or production of a major system, if the prime 

5 contractor is not expected at the time of award 

6 to perform a substantial portion of the work on 

7 the system and the major subsystems; or 

8 (B) a prime contractor under a contract 

9 for the procurement of services the primary 

10 purpose of which is to perform acquisition func11 tions closely associated with inherently govern12 mental functions with respect to the develop13 ment or production of a major system. 

14 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

15 has the meaning given such term in section 2302d 

16 of title 10, United States Code. 

17 (3) LOW-RATE INITIAL PRODUCTION.—The 

18 term ‘‘low-rate initial production’’ has the meaning 

19 given such term in section 2400 of title 10, United 

20 States Code. 

21 SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRA22 TEGIC MATERIALS. 

23 (a) ASSESSMENT REQUIRED.—Not later than 180 

24 days after the date of the enactment of this Act, the Stra25 tegic Materials Protection Board established pursuant to 


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1 section 187 of title 10, United States Code, shall perform 

2 an assessment of the extent to which domestic producers 

3 of strategic materials are investing and planning to invest 

4 on a sustained basis in the processes, infrastructure, work5 force training, and facilities required for the continued do6 mestic production of such materials to meet national de7 fense requirements. 

8 (b) COOPERATION OF DOMESTIC PRODUCERS.—The 

9 Department of Defense may take into consideration the 

10 degree of cooperation of any domestic producer of stra11 tegic materials with the assessment conducted under sub12 section (a) when determining how much weight to accord 

13 any comments provided by such domestic producer regard14 ing a proposed waiver of domestic source limitations pur15 suant to section 2533b of title 10, United States Code. 

16 (c) REPORT TO CONGRESSIONAL DEFENSE COMMIT17 TEES.—The Board shall include the findings and rec18 ommendations of the assessment required by subsection 

19 (a) in the first report submitted to Congress pursuant to 

20 section 187(d) of title 10, United States Code, after the 

21 completion of such assessment. 

22 (d) DEFINITION.—The term ‘‘strategic material’’ 

23 means— 

24 (1) a material designated as critical to national 

25 security by the Strategic Materials Protection Board 


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1 in accordance with section 187 of title 10, United 

2 States Code; or 

3 (2) a specialty metal as defined by section 

4 2533b of title 10, United States Code. 

5 SEC. 804. CLARIFICATION OF THE PROTECTION OF STRA6 TEGIC MATERIALS CRITICAL TO NATIONAL 

7 SECURITY. 

8 (a) PROHIBITION.—Subsection (a) of section 2533b 

9 of title 10, United States Code, is amended— 

10 (1) by striking ‘‘Except as provided in sub11 sections (b) through (j), funds appropriated or oth12 erwise available to the Department of Defense may 

13 not be used for the procurement of—’’ and inserting 

14 ‘‘Except as provided in subsections (b) through (m), 

15 the acquisition by the Department of Defense of the 

16 following items is prohibited:’’; 

17 (2) in paragraph (1)— 

18 (A) by striking ‘‘the following’’ and insert19 ing ‘‘The following’’; and 

20 (B) by striking ‘‘; or’’ and inserting a pe21 riod; and 

22 (3) in paragraph (2), by striking ‘‘a speciality’’ 

23 and inserting ‘‘A specialty’’. 


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1 (b) APPLICABILITY TO ACQUISITION OF COMMERCIAL

2 ITEMS.—Subsection (h) of such section is amended to 

3 read as follows: 

4 ‘‘(h) APPLICABILITY TO ACQUISITIONS OF COMMER5 CIAL ITEMS.—(1) Except as provided in paragraphs (2) 

6 and (3), this section applies to acquisitions of commercial 

7 items, notwithstanding sections 34 and 35 of the Office 

8 of Federal Procurement Policy Act (41 U.S.C. 430 and 

9 431). 

10 ‘‘(2) This section does not apply to contracts or sub11 contracts for the acquisition of commercially available off12 the-shelf items, as defined in section 35(c) of the Office 

13 of Federal Procurement Policy Act (41 U.S.C. 431(c)), 

14 other than— 

15 ‘‘(A) contracts or subcontracts for the acquisi16 tion of specialty metals, including mill products, 

17 such as bar, billet, slab, wire, plate and sheet, that 

18 have not been incorporated into end items, sub19 systems, assemblies, or components; 

20 ‘‘(B) contracts or subcontracts for the acquisi21 tion of forgings or castings of specialty metals, un22 less such forgings or castings are incorporated into 

23 commercially available off-the-shelf end items, sub24 systems, or assemblies; 


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1 ‘‘(C) contracts or subcontracts for commercially 

2 available high performance magnets unless such high 

3 performance magnets are incorporated into commer4 cially available off-the-shelf-end items or subsystems; 

5 and 

6 ‘‘(D) contracts or subcontracts for commercially 

7 available off-the-shelf fasteners, unless such fas8 teners are— 

9 ‘‘(i) incorporated into commercially avail10 able off-the-shelf end items, subsystems, assem11 blies, or components; or 

12 ‘‘(ii) purchased as provided in paragraph 

13 (3). 

14 ‘‘(3) This section does not apply to fasteners that are 

15 commercial items that are purchased under a contract or 

16 subcontract with a manufacturer of such fasteners, if the 

17 manufacturer has certified that it will purchase, during 

18 the relevant calendar year, an amount of domestically 

19 melted specialty metal, in the required form, for use in 

20 the production of such fasteners for sale to the Depart21 ment of Defense and other customers, that is not less than 

22 50 percent of the total amount of the specialty metal that 

23 it will purchase to carry out the production of such fas24 teners.’’. 


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1 (c) ELECTRONIC COMPONENTS.—Subsection (g) of 

2 such section is amended by striking ‘‘commercially avail3 able’’ and all that follows through the end of the sub4 section and inserting ‘‘electronic components, unless the 

5 Secretary of Defense, upon the recommendation of the 

6 Strategic Materials Protection Board pursuant to section 

7 187 of this title, determines that the domestic availability 

8 of a particular electronic component is critical to national 

9 security.’’. 

10 (d) ADDITIONAL EXCEPTIONS.—Section 2533b of 

11 title 10, United States Code, as amended by subsections 

12 (a), (b), and (c), is further amended— 

13 (1) by redesignating subsections (i) and (j) as 

14 subsections (l) and (m), respectively; and 

15 (2) by inserting after subsection (h) the fol16 lowing new subsections: 

17 ‘‘(i) EXCEPTIONS FOR PURCHASES OF SPECIALTY

18 METALS BELOW MINIMUM THRESHOLD.—(1) Notwith19 standing subsection (a), the Secretary of Defense or the 

20 Secretary of a military department may accept delivery of 

21 an item containing specialty metals that were not melted 

22 in the United States if the total amount of noncompliant 

23 specialty metals in the item does not exceed 2 percent of 

24 the total weight of specialty metals in the item. 


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1 ‘‘(2) This subsection does not apply to high perform2 ance magnets. 

3 ‘‘(j) STREAMLINED COMPLIANCE FOR COMMERCIAL

4 DERIVATIVE MILITARY ARTICLES.—(1) Subsection (a) 

5 shall not apply to an item acquired under a prime contract 

6 if the Secretary of Defense or the Secretary of a military 

7 department determines that— 

8 ‘‘(A) the item is a commercial derivative mili9 tary article; and 

10 ‘‘(B) the contractor certifies that the contractor 

11 and its subcontractors have entered into a contrac12 tual agreement, or agreements, to purchase an 

13 amount of domestically melted specialty metal in the 

14 required form, for use during the period of contract 

15 performance in the production of the commercial de16 rivative military article and the related commercial 

17 article, that is not less than the greater of— 

18 ‘‘(i) an amount equivalent to 120 percent 

19 of the amount of specialty metal that is re20 quired to carry out the production of the com21 mercial derivative military article (including the 

22 work performed under each subcontract); or 

23 ‘‘(ii) an amount equivalent to 50 percent of 

24 the amount of specialty metal that is purchased 

25 by the contractor and its subcontractors for use 


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1 during such period in the production of the 

2 commercial derivative military article and the 

3 related commercial article. 

4 ‘‘(2) For the purposes of this subsection, the amount 

5 of specialty metal that is required to carry out the produc6 tion of the commercial derivative military article includes 

7 specialty metal contained in any item, including commer8 cially available off-the-shelf items, incorporated into such 

9 commercial derivative military article. 

10 ‘‘(k) NATIONAL SECURITY WAIVER.—(1) Notwith11 standing subsection (a), the Secretary of Defense may ac12 cept the delivery of an end item containing noncompliant 

13 materials if the Secretary determines in writing that ac14 ceptance of such end item is necessary to the national se15 curity interests of the United States. 

16 ‘‘(2) A written determination under paragraph (1)— 

17 ‘‘(A) may not be delegated below the level of 

18 the Deputy Secretary of Defense or the Under Sec19 retary of Defense for Acquisition, Technology, and 

20 Logistics; 

21 ‘‘(B) shall specify the quantity of end items to 

22 which the waiver applies and the time period over 

23 which the waiver applies; and 

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1 tion (except that in the case of an urgent national 

2 security requirement, such certification may be pro3 vided to the defense committees up to 7 days after 

4 it is made). 

5 ‘‘(3)(A) In any case in which the Secretary makes 

6 a determination under paragraph (1), the Secretary shall 

7 determine whether or not the noncompliance was knowing 

8 and willful. 

9 ‘‘(B) If the Secretary determines that the noncompli10 ance was not knowing or willful, the Secretary shall ensure 

11 that the contractor or subcontractor responsible for the 

12 noncompliance develops and implements an effective plan 

13 to ensure future compliance. 

14 ‘‘(C) If the Secretary determines that the noncompli15 ance was knowing or willful, the Secretary shall— 

16 ‘‘(i) require the development and implementa17 tion of a plan to ensure future compliance; and 

18 ‘‘(ii) consider suspending or debarring the con19 tractor or subcontractor until such time as the con20 tractor or subcontractor has effectively addressed 

21 the issues that lead to such noncompliance.’’. 

22 (e) ADDITIONAL DEFINITIONS.—Subsection (m) of 

23 section 2533b of title 10, United States Code, as redesig24 nated by subsection (c), is further amended by adding at 

25 the end the following: 


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1 ‘‘(3) The term ‘acquisition’ has the meaning 

2 provided in section 4 of the Office of Federal Pro3 curement Policy Act (41 U.S.C. 403). 

4 ‘‘(4) The term ‘required form’ shall not apply 

5 to end items or to their components at any tier. The 

6 term ‘required form’ means in the form of mill prod7 uct, such as bar, billet, wire, slab, plate or sheet, 

8 and in the grade appropriate for the production of— 

9 ‘‘(A) a finished end item delivered to the 

10 Department of Defense; or 

11 ‘‘(B) a finished component assembled into 

12 an end item delivered to the Department of De13 fense. 

14 ‘‘(5) The term ‘commercially available off-the15 shelf’, has the meaning provided in section 35(c) of 

16 the Office of Federal Procurement Policy Act (41 

17 U.S.C. 431(c)). 

18 ‘‘(6) The term ‘assemblies’ means items form19 ing a portion of a system or subsystem that can be 

20 provisioned and replaced as an entity and which in21 corporates multiple, replaceable parts. 

22 ‘‘(7) The term ‘commercial derivative military 

23 article’ means an item procured by the Department 

24 of Defense that is or will be produced using the 

25 same production facilities, a common supply chain, 


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1 and the same or similar production processes that 

2 are used for the production of articles predominantly 

3 used by the general public or by nongovernmental 

4 entities for purposes other than governmental pur5 poses. 

6 ‘‘(8) The term ‘subsystem’ means a functional 

7 grouping of items that combine to perform a major 

8 function within an end item, such as electrical 

9 power, attitude control, and propulsion. 

10 ‘‘(9) The term ‘end item’ means the final pro11 duction product when assembled or completed, and 

12 ready for issue, delivery, or deployment. 

13 ‘‘(10) The term ‘subcontract’ includes a sub14 contract at any tier.’’. 

15 (f) CONFORMING AMENDMENTS.—Section 2533b of 

16 title 10, United States Code, is further amended— 

17 (1) in subsection (c)— 

18 (A) in the heading, by striking ‘‘PROCURE19 MENTS’’ and inserting ‘‘ACQUISITIONS’’; and 

20 (B) in paragraphs (1) and (2), by striking 

21 ‘‘Procurements’’ and inserting ‘‘Acquisitions’’; 

22 (2) in subsection (d), by striking ‘‘procure23 ment’’ each place it appears and inserting ‘‘acquisi24 tion’’; and 


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1 (3) in subsections (f) and (g), by striking ‘‘pro2 curements’’ each place it appears and inserting ‘‘ac3 quisitions’’. 

4 (g) IMPLEMENTATION.—Not later than 120 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall prescribe regulations on the implementa7 tion of this section and the amendments made by this sec8 tion, including specific guidance on how thresholds estab9 lished in subsections (h)(3), (i) and (j) of section 2533b 

10 of title 10, United States Code, as amended by this sec11 tion, should be implemented. 

12 (h) REVISION OF DOMESTIC NONAVAILABILITY DE13 TERMINATIONS AND RULES.—No later than 180 days 

14 after the date of the enactment of this Act, any domestic 

15 nonavailability determination under section 2533b of title 

16 10, United States Code, including a class deviation, or 

17 rules made by the Department of Defense between Decem18 ber 6, 2006, and the date of the enactment of this Act, 

19 shall be reviewed and amended, as necessary, to comply 

20 with the amendments made by this section. This require21 ment shall not apply to a domestic nonavailability deter22 mination that applies to— 

23 (1) an individual contract that was entered into 

24 before the date of the enactment of this Act; or 


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1 (2) an individual Department of Defense pro2 gram, except to the extent that such domestic non3 availability determination applies to contracts en4 tered into after the date of the enactment of this 

5 Act. 

6 (i) TRANSPARENCY REQUIREMENT FOR COMMER7 CIALLY AVAILABLE OFF-THE-SHELF ITEM EXCEPTION.— 

8 The Secretary of Defense shall submit to the Committees 

9 on Armed Services of the Senate and House of Represent10 atives, not later than December 30, 2008, a report on the 

11 use of authority provided under subsection (h) of section 

12 2533b of title 10, United States Code, as amended by this 

13 section. Such report shall include, at a minimum, a de14 scription of types of items being procured as commercially 

15 available off-the-shelf items under such subsection and in16 corporated into noncommercial items. The Secretary shall 

17 submit an update of such report to such committees not 

18 later than December 30, 2009. 

19 SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES. 

20 (a) REGULATIONS REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act , the Sec22 retary of Defense shall modify the regulations of the De23 partment of Defense for the procurement of commercial 

24 services for or on behalf of the Department of Defense. 


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1 (b) APPLICABILITY OF COMMERCIAL PROCE2 DURES.— 

3 (1) SERVICES OF A TYPE SOLD IN MARKET4 PLACE.—The regulations modified pursuant to sub5 section (a) shall ensure that services that are not of6 fered and sold competitively in substantial quantities 

7 in the commercial marketplace, but are of a type of8 fered and sold competitively in substantial quantities 

9 in the commercial marketplace, may be treated as 

10 commercial items for purposes of section 2306a of 

11 title 10, United States Code (relating to truth in ne12 gotiations), only if the contracting officer determines 

13 in writing that the offeror has submitted sufficient 

14 information to evaluate, through price analysis, the 

15 reasonableness of the price for such services. 

16 (2) INFORMATION SUBMITTED.—To the extent 

17 necessary to make a determination under paragraph 

18 (1), the contracting officer may request the offeror 

19 to submit— 

20 (A) prices paid for the same or similar 

21 commercial items under comparable terms and 

22 conditions by both government and commercial 

23 customers; and 

24 (B) if the contracting officer determines 

25 that the information described in subparagraph 


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1 (A) is not sufficient to determine the reason2 ableness of price, other relevant information re3 garding the basis for price or cost, including in4 formation on labor costs, material costs, and 

5 overhead rates. 

6 (c) TIME-AND-MATERIALS CONTRACTS.— 

7 (1) COMMERCIAL ITEM ACQUISITIONS.—The 

8 regulations modified pursuant to subsection (a) shall 

9 ensure that procedures applicable to time-and-mate10 rials contracts and labor-hour contracts for commer11 cial item acquisitions may be used only for the fol12 lowing: 

13 (A) Services procured for support of a 

14 commercial item, as described in section 

15 4(12)(E) of the Office of Federal Procurement 

16 Policy Act (41 U.S.C. 403(12)(E)). 

17 (B) Emergency repair services. 

18 (C) Any other commercial services only to 

19 the extent that the head of the agency con20 cerned approves a determination in writing by 

21 the contracting officer that— 

22 (i) the services to be acquired are 

23 commercial services as defined in section 

24 4(12)(F) of the Office of Federal Procure25 ment Policy Act (41 U.S.C. 403(12)(F)); 


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1 (ii) if the services to be acquired are 

2 subject to subsection (b), the offeror of the 

3 services has submitted sufficient informa4 tion in accordance with that subsection; 

5 (iii) such services are commonly sold 

6 to the general public through use of time7 and-materials or labor-hour contracts; and 

8 (iv) the use of a time-and-materials or 

9 labor-hour contract type is in the best in10 terest of the Government. 

11 (2) NON-COMMERCIAL ITEM ACQUISITIONS.— 

12 Nothing in this subsection shall be construed to pre13 clude the use of procedures applicable to time-and14 materials contracts and labor-hour contracts for 

15 non-commercial item acquisitions for the acquisition 

16 of any category of services. 

17 SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR 

18 PROCUREMENT OF CONTRACT SERVICES. 

19 (a) SPECIFICATION OF AMOUNTS REQUESTED.—The 

20 budget justification materials submitted to Congress in 

21 support of the budget of the Department of Defense for 

22 any fiscal year after fiscal year 2009 shall identify clearly 

23 and separately the amounts requested in each budget ac24 count for the procurement of contract services. 


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1 (b) INFORMATION PROVIDED.—For each budget ac2 count, the materials submitted shall clearly identify— 

3 (1) the amount requested for each Department 

4 of Defense component, installation, or activity; and 

5 (2) the amount requested for each type of serv6 ice to be provided. 

7 (c) CONTRACT SERVICES DEFINED.—In this section, 

8 the term ‘‘contract services’’— 

9 (1) means services from contractors; but 

10 (2) excludes services relating to research and 

11 development and services relating to military con12 struction. 

13 SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR 

14 SERVICES. 

15 (a) INVENTORY REQUIREMENT.—Section 2330a of 

16 title 10, United States Code, is amended— 

17 (1) by redesignating subsection (d) as sub18 section (g); 

19 (2) by striking subsection (c) and inserting the 

20 following: 

21 ‘‘(c) INVENTORY.—(1) Not later than the end of the 

22 third quarter of each fiscal year, the Secretary of Defense 

23 shall submit to Congress an annual inventory of the activi24 ties performed during the preceding fiscal year pursuant 

25 to contracts for services for or on behalf of the DepartVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ment of Defense. The entry for an activity on an inventory 

2 under this subsection shall include, for the fiscal year cov3 ered by such entry, the following: 

4 ‘‘(A) The functions and missions performed by 

5 the contractor. 

6 ‘‘(B) The contracting organization, the compo7 nent of the Department of Defense administering 

8 the contract, and the organization whose require9 ments are being met through contractor performance 

10 of the function. 

11 ‘‘(C) The funding source for the contract under 

12 which the function is performed by appropriation 

13 and operating agency. 

14 ‘‘(D) The fiscal year for which the activity first 

15 appeared on an inventory under this section. 

16 ‘‘(E) The number of full-time contractor em17 ployees (or its equivalent) paid for the performance 

18 of the activity. 

19 ‘‘(F) A determination whether the contract pur20 suant to which the activity is performed is a per21 sonal services contract. 

22 ‘‘(G) A summary of the data required to be col23 lected for the activity under subsection (a). 


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1 ‘‘(2) The inventory required under this subsection 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 ‘‘(d) PUBLIC AVAILABILITY OF INVENTORIES.—Not 

5 later than 30 days after the date on which an inventory 

6 under subsection (c) is required to be submitted to Con7 gress, the Secretary shall— 

8 ‘‘(1) make the inventory available to the public; 

9 and 

10 ‘‘(2) publish in the Federal Register a notice 

11 that the inventory is available to the public. 

12 ‘‘(e) REVIEW AND PLANNING REQUIREMENTS.— 

13 Within 90 days after the date on which an inventory is 

14 submitted under subsection (c), the Secretary of the mili15 tary department or head of the Defense Agency respon16 sible for activities in the inventory shall— 

17 ‘‘(1) review the contracts and activities in the 

18 inventory for which such Secretary or agency head 

19 is responsible; 

20 ‘‘(2) ensure that— 

21 ‘‘(A) each contract on the list that is a 

22 personal services contract has been entered 

23 into, and is being performed, in accordance with 

24 applicable statutory and regulatory require25 ments; 


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1 ‘‘(B) the activities on the list do not in2 clude any inherently governmental functions; 

3 and 

4 ‘‘(C) to the maximum extent practicable, 

5 the activities on the list do not include any 

6 functions closely associated with inherently gov7 ernmental functions; 

8 ‘‘(3) identify activities that should be considered 

9 for conversion— 

10 ‘‘(A) to performance by civilian employees 

11 of the Department of Defense pursuant to sec12 tion 2463 of this title; or 

13 ‘‘(B) to an acquisition approach that would 

14 be more advantageous to the Department of 

15 Defense; and 

16 ‘‘(4) develop a plan to provide for appropriate 

17 consideration of the conversion of activities identified 

18 under paragraph (3) within a reasonable period of 

19 time. 

20 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to authorize the performance of 

22 personal services by a contractor except where expressly 

23 authorized by a provision of law other than this section.’’; 

24 and 


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1 (3) by adding at the end of subsection (g) (as 

2 so redesignated) the following new paragraphs: 

3 ‘‘(3) FUNCTION CLOSELY ASSOCIATED WITH IN4 HERENTLY GOVERNMENTAL FUNCTIONS.—The term 

5 ‘function closely associated with inherently govern6 mental functions’ has the meaning given that term 

7 in section 2383(b)(3) of this title. 

8 ‘‘(4) INHERENTLY GOVERNMENTAL FUNC9 TIONS.—The term ‘inherently governmental func10 tions’ has the meaning given that term in section 

11 2383(b)(2) of this title. 

12 ‘‘(5) PERSONAL SERVICES CONTRACT.—The 

13 term ‘personal services contract’ means a contract 

14 under which, as a result of its terms or conditions 

15 or the manner of its administration during perform16 ance, contractor personnel are subject to the rel17 atively continuous supervision and control of one or 

18 more Government officers or employees, except that 

19 the giving of an order for a specific article or serv20 ice, with the right to reject the finished product or 

21 result, is not the type of supervision or control that 

22 makes a contract a personal services contract.’’. 

23 (b) EFFECTIVE DATE.— 


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1 (1) The amendments made by subsection (a) 

2 shall be effective upon the date of the enactment of 

3 this Act. 

4 (2) The first inventory required by section 

5 2330a(c) of title 10, United States Code, as added 

6 by subsection (a), shall be submitted not later than 

7 the end of the third quarter of fiscal year 2008. 

8 SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CON9 TRACTS FOR SERVICES. 

10 (a) GUIDANCE AND INSTRUCTIONS.—Not later than 

11 180 days after the date of the enactment of this Act, the 

12 Secretary of Defense shall issue guidance, with detailed 

13 implementation instructions, for the Department of De14 fense to provide for periodic independent management re15 views of contracts for services. The independent manage16 ment review guidance and instructions issued pursuant to 

17 this subsection shall be designed to evaluate, at a min18 imum— 

19 (1) contract performance in terms of cost, 

20 schedule, and requirements; 

21 (2) the use of contracting mechanisms, includ22 ing the use of competition, the contract structure 

23 and type, the definition of contract requirements, 

24 cost or pricing methods, the award and negotiation 


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1 of task orders, and management and oversight 

2 mechanisms; 

3 (3) the contractor’s use, management, and over4 sight of subcontractors; 

5 (4) the staffing of contract management and 

6 oversight functions; and 

7 (5) the extent of any pass-throughs, and exces8 sive pass-through charges (as defined in section 852 

9 of the John Warner National Defense Authorization 

10 Act for Fiscal Year 2007), by the contractor. 

11 (b) ADDITIONAL SUBJECT OF REVIEW.—In addition 

12 to the matters required by subsection (a), the guidance 

13 and instructions issued pursuant to subsection (a) shall 

14 provide for procedures for the periodic review of contracts 

15 under which one contractor provides oversight for services 

16 performed by other contractors. In particular, the proce17 dures shall be designed to evaluate, at a minimum— 

18 (1) the extent of the agency’s reliance on the 

19 contractor to perform acquisition functions closely 

20 associated with inherently governmental functions as 

21 defined in section 2383(b)(3) of title 10, United 

22 States Code; and 

23 (2) the financial interest of any prime con24 tractor performing acquisition functions described in 

25 paragraph (1) in any contract or subcontract with 


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1 regard to which the contractor provided advice or 

2 recommendations to the agency. 

3 (c) ELEMENTS.—The guidance and instructions 

4 issued pursuant to subsection (a) shall address, at a min5 imum— 

6 (1) the contracts subject to independent man7 agement reviews, including any applicable thresholds 

8 and exceptions; 

9 (2) the frequency with which independent man10 agement reviews shall be conducted; 

11 (3) the composition of teams designated to per12 form independent management reviews; 

13 (4) any phase-in requirements needed to ensure 

14 that qualified staff are available to perform inde15 pendent management reviews; 

16 (5) procedures for tracking the implementation 

17 of recommendations made by independent manage18 ment review teams; and 

19 (6) procedures for developing and disseminating 

20 lessons learned from independent management re21 views. 

22 (c) REPORTS.— 

23 (1) REPORT ON GUIDANCE AND INSTRUC24 TION.—Not later than 270 days after the date of the 

25 enactment of this Act, the Secretary of Defense shall 


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1 submit to the congressional defense committees a re2 port setting forth the guidance and instructions 

3 issued pursuant to subsection (a). 

4 (2) GAO REPORT ON IMPLEMENTATION.—Not 

5 later than two years after the date of the enactment 

6 of this Act, the Comptroller General of the United 

7 States shall submit to the congressional defense 

8 committees a report on the implementation of the 

9 guidance and instructions issued pursuant to sub10 section (a). 

11 SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF RE12 QUIREMENTS APPLICABLE TO 

13 UNDEFINITIZED CONTRACTUAL ACTIONS. 

14 (a) GUIDANCE AND INSTRUCTIONS.—Not later than 

15 180 days after the date of the enactment of this Act, the 

16 Secretary of Defense shall issue guidance, with detailed 

17 implementation instructions, for the Department of De18 fense to ensure the implementation and enforcement of re19 quirements applicable to undefinitized contractual actions. 

20 (b) ELEMENTS.—The guidance and instructions 

21 issued pursuant to subsection (a) shall address, at a min22 imum— 

23 (1) the circumstances in which it is, and is not, 

24 appropriate for Department of Defense officials to 

25 use undefinitized contractual actions; 


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1 (2) approval requirements (including thresh2 olds) for the use of undefinitized contractual actions; 

3 (3) procedures for ensuring that timelines for 

4 the definitization of undefinitized contractual actions 

5 are met; 

6 (4) procedures for ensuring compliance with 

7 regulatory limitations on the obligation of funds pur8 suant to undefinitized contractual actions; 

9 (5) procedures for ensuring compliance with 

10 regulatory limitations on profit or fee with respect to 

11 costs incurred before the definitization of an 

12 undefinitized contractual action; and 

13 (6) reporting requirements for undefinitized 

14 contractual actions that fail to meet required 

15 timelines for definitization or fail to comply with 

16 regulatory limitations on the obligation of funds or 

17 on profit or fee. 

18 (c) REPORTS.— 

19 (1) REPORT ON GUIDANCE AND INSTRUC20 TIONS.—Not later than 210 days after the date of 

21 the enactment of this Act, the Secretary of Defense 

22 shall submit to the congressional defense committees 

23 a report setting forth the guidance and instructions 

24 issued pursuant to subsection (a). 


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1 (2) GAO REPORT.—Not later than two years 

2 after the date of the enactment of this Act, the 

3 Comptroller General of the United States shall sub4 mit to the congressional defense committees a report 

5 on the extent to which the guidance and instructions 

6 issued pursuant to subsection (a) have resulted in 

7 improvements to— 

8 (A) the level of insight that senior Depart9 ment of Defense officials have into the use of 

10 undefinitized contractual actions; 

11 (B) the appropriate use of undefinitized 

12 contractual actions; 

13 (C) the timely definitization of 

14 undefinitized contractual actions; and 

15 (D) the negotiation of appropriate profits 

16 and fees for undefinitized contractual actions. 

17 SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AU18 THORITY FOR SPECIAL OPERATIONS COM19 MAND. 

20 Section 167(e)(4) of title 10, United States Code, is 

21 amended— 

22 (1) by redesignating subparagraph (C) as sub23 paragraph (D); and 

24 (2) by inserting after subparagraph (B) the fol25 lowing new subparagraph: 


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1 ‘‘(C)(i) The staff of the commander shall include a 

2 command acquisition executive, who shall be responsible 

3 for the overall supervision of acquisition matters for the 

4 special operations command. The command acquisition ex5 ecutive shall have the authority to— 

6 ‘‘(I) negotiate memoranda of agreement with 

7 the military departments to carry out the acquisition 

8 of equipment, material, supplies, and services de9 scribed in subparagraph (A) on behalf of the com10 mand; 

11 ‘‘(II) supervise the acquisition of equipment, 

12 material, supplies, and services described in subpara13 graph (A), regardless of whether such acquisition is 

14 carried out by the command, or by a military de15 partment pursuant to a delegation of authority by 

16 the command; 

17 ‘‘(III) represent the command in discussions 

18 with the military departments regarding acquisition 

19 programs for which the command is a customer; and 

20 ‘‘(IV) work with the military departments to en21 sure that the command is appropriately represented 

22 in any joint working group or integrated product 

23 team regarding acquisition programs for which the 

24 command is a customer. 


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1 ‘‘(ii) The command acquisition executive of the spe2 cial operations command shall be included on the distribu3 tion list for acquisition directives and instructions of the 

4 Department of Defense.’’. 

5 Subtitle B—Provisions Relating to 

6 Major Defense Acquisition Pro7 grams 

8 SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR 

9 CONTRACTS FOR THE PROCUREMENT OF 

10 MAJOR SYSTEMS OF THE DEPARTMENT OF 

11 DEFENSE. 

12 (a) ADDITIONAL REQUIREMENTS APPLICABLE TO

13 MULTIYEAR CONTRACTS.—Section 2306b of title 10, 

14 United States Code, is amended as follows: 

15 (1) Subsection (a) of such section is amended 

16 by adding at the end the following new paragraph: 

17 ‘‘(7) In the case of a contract in an amount 

18 equal to or greater than $500,000,000, that the con19 ditions required by subparagraphs (C) through (F) 

20 of paragraph (1) of subsection (i) will be met, in ac21 cordance with the Secretary’s certification and deter22 mination under such subsection, by such contract.’’. 

23 (2) Subsection (i)(1) of such section is amended 

24 by inserting after ‘‘unless’’ the following: ‘‘the Sec25 retary of Defense certifies in writing by no later 


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1 than March 1 of the year in which the Secretary re2 quests legislative authority to enter into such con3 tract that’’. 

4 (3) Subsection (i)(1) of such section is further 

5 amended— 

6 (A) by redesignating subparagraph (B) as 

7 subparagraph (G); and 

8 (B) by striking subparagraph (A) and in9 serting the following: 

10 ‘‘(A) The Secretary has determined that each of 

11 the requirements in paragraphs (1) through (6) of 

12 subsection (a) will be met by such contract and has 

13 provided the basis for such determination to the con14 gressional defense committees. 

15 ‘‘(B) The Secretary’s determination under sub16 paragraph (A) was made after the completion of a 

17 cost analysis performed by the Cost Analysis Im18 provement Group of the Department of Defense and 

19 such analysis supports the findings. 

20 ‘‘(C) The system being acquired pursuant to 

21 such contract has not been determined to have expe22 rienced cost growth in excess of the critical cost 

23 growth threshold pursuant to section 2433(d) of this 

24 title within 5 years prior to the date the Secretary 

25 anticipates such contract (or a contract for advance 


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1 procurement entered into consistent with the author2 ization for such contract) will be awarded. 

3 ‘‘(D) A sufficient number of end items of the 

4 system being acquired under such contract have 

5 been delivered at or within the most current esti6 mates of the program acquisition unit cost or pro7 curement unit cost for such system to determine 

8 that current estimates of such unit costs are real9 istic. 

10 ‘‘(E) During the fiscal year in which such con11 tract is to be awarded, sufficient funds will be avail12 able to perform the contract in such fiscal year, and 

13 the future-years defense program for such fiscal year 

14 will include the funding required to execute the pro15 gram without cancellation. 

16 ‘‘(F) The contract is a fixed price type con17 tract.’’. 

18 (4) Subsection (i) of such section is further 

19 amended by adding at the end the following new 

20 paragraphs: 

21 ‘‘(5) The Secretary may make the certification under 

22 paragraph (1) notwithstanding the fact that one or more 

23 of the conditions of such certification are not met if the 

24 Secretary determines that, due to exceptional cir25 cumstances, proceeding with a multiyear contract under 


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1 this section is in the best interest of the Department of 

2 Defense and the Secretary provides the basis for such de3 termination with the certification. 

4 ‘‘(6) The Secretary of Defense may not delegate the 

5 authority to make the certification under paragraph (1) 

6 or the determination under paragraph (5) to an official 

7 below the level of Under Secretary of Defense for Acquisi8 tion, Technology, and Logistics. 

9 ‘‘(7) The Secretary of Defense shall send a notifica10 tion containing the findings of the agency head under sub11 section (a), and the basis for such findings, 30 days prior 

12 to the award of a multiyear contract for a defense acquisi13 tion program that has been specifically authorized by 

14 law.’’. 

15 (5) Such section is further amended by adding 

16 at the end the following new subsection: 

17 ‘‘(m) INCREASED FUNDING AND REPROGRAMMING

18 REQUESTS.—Any request for increased funding for the 

19 procurement of a major system under a multiyear contract 

20 authorized under this section shall be accompanied by an 

21 explanation of how the request for increased funding af22 fects the determinations made by the Secretary under sub23 section (i).’’. 

24 (b) APPLICABILITY.—The amendments made by this 

25 section shall take effect on the date of the enactment of 


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1 this Act and shall apply with respect to multiyear con2 tracts for the purchase of major systems for which legisla3 tive authority is requested on or after that date. 

4 SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS. 

5 Section 2366a of title 10, United States Code, is 

6 amended— 

7 (1) by amending subsection (a) to read as fol8 lows: 

9 ‘‘(a) CERTIFICATION.—A major defense acquisition 

10 program may not receive Milestone B approval, or Key 

11 Decision Point B approval in the case of a space program, 

12 until the milestone decision authority— 

13 ‘‘(1) has received a business case analysis and 

14 certifies on the basis of the analysis that— 

15 ‘‘(A) the program is affordable when con16 sidering the ability of the Department of De17 fense to accomplish the program’s mission 

18 using alternative systems; 

19 ‘‘(B) the program is affordable when con20 sidering the per unit cost and the total acquisi21 tion cost in the context of the total resources 

22 available during the period covered by the fu23 ture-years defense program submitted during 

24 the fiscal year in which the certification is 

25 made; 


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1 ‘‘(C) reasonable cost and schedule esti2 mates have been developed to execute the prod3 uct development and production plan under the 

4 program; and 

5 ‘‘(D) funding is available to execute the 

6 product development and production plan under 

7 the program, through the period covered by the 

8 future-years defense program submitted during 

9 the fiscal year in which the certification is 

10 made, consistent with the estimates described in 

11 subparagraph (C) for the program; and 

12 ‘‘(2) further certifies that— 

13 ‘‘(A) appropriate market research has been 

14 conducted prior to technology development to 

15 reduce duplication of existing technology and 

16 products; 

17 ‘‘(B) the Department of Defense has com18 pleted an analysis of alternatives with respect to 

19 the program; 

20 ‘‘(C) the Joint Requirements Oversight 

21 Council has accomplished its duties with respect 

22 to the program pursuant to section 181(b) of 

23 this title, including an analysis of the oper24 ational requirements for the program; 


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1 ‘‘(D) the technology in the program has 

2 been demonstrated in a relevant environment; 

3 ‘‘(E) the program demonstrates a high 

4 likelihood of accomplishing its intended mission; 

5 and 

6 ‘‘(F) the program complies with all rel7 evant policies, regulations, and directives of the 

8 Department of Defense.’’; 

9 (2) by redesignating subsections (b), (c), (d), 

10 and (e) as subsections (c), (d), (e), and (f), respec11 tively; 

12 (3) by inserting after subsection (a) the fol13 lowing new subsection (b): 

14 ‘‘(b) CHANGES TO CERTIFICATION.—(1) The pro15 gram manager for a major defense acquisition program 

16 that has received certification under subsection (a) shall 

17 immediately notify the milestone decision authority of any 

18 changes to the program that— 

19 ‘‘(A) alter the substantive basis for the certifi20 cation of the milestone decision authority relating to 

21 any component of such certification specified in 

22 paragraph (1) or (2) of subsection (a); or 

23 ‘‘(B) otherwise cause the program to deviate 

24 significantly from the material provided to the mileVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 stone decision authority in support of such certifi2 cation. 

3 ‘‘(2) Upon receipt of information under paragraph 

4 (1), the milestone decision authority may withdraw the 

5 certification concerned or rescind Milestone B approval (or 

6 Key Decision Point B approval in the case of a space pro7 gram) if the milestone decision authority determines that 

8 such certification or approval is no longer valid.’’; 

9 (4) in subsection (c), as redesignated by para10 graph (1)— 

11 (A) by inserting ‘‘(1)’’ before ‘‘The certifi12 cation’’; and 

13 (B) by adding at the end the following new 

14 paragraph (2): 

15 ‘‘(2) A summary of any information provided to the 

16 milestone decision authority pursuant to subsection (b) 

17 and a description of the actions taken as a result of such 

18 information shall be submitted with the first Selected Ac19 quisition Report submitted under section 2432 of this title 

20 after receipt of such information by the milestone decision 

21 authority.’’; 

22 (5) in subsection (d), as so redesignated— 

23 (A) by striking ‘‘authority may waive’’ and 

24 inserting the following: ‘‘authority may, at the 

25 time of Milestone B approval (or Key Decision 


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1 Point B approval in the case of a space pro2 gram) or at the time that such milestone deci3 sion authority withdraws a certification or re4 scinds Milestone B approval (or Key Decision 

5 Point B approval in the case of a space pro6 gram) pursuant to subsection (b)(2), waive’’; 

7 and 

8 (B) by striking ‘‘paragraph (1), (2), (3), 

9 (4), (5), (6), (7), (8), or (9)’’ and inserting 

10 ‘‘paragraph (1) or (2)’’; and 

11 (6) in subsection (e), as so redesignated, by 

12 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

13 (d)’’. 

14 SEC. 813. COMPTROLLER GENERAL REPORT ON DEPART15 MENT OF DEFENSE ORGANIZATION AND 

16 STRUCTURE FOR MAJOR DEFENSE ACQUISI17 TION PROGRAMS. 

18 (a) REPORT REQUIRED.—Not later than one year 

19 after the date of the enactment of this Act, the Comp20 troller General of the United States shall submit to the 

21 congressional defense committees a report on potential 

22 modifications of the organization and structure of the De23 partment of Defense for major defense acquisition pro24 grams. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the results of a review, conducted by the 

3 Comptroller General for purposes of the report, regarding 

4 the feasibility and advisability of, at a minimum, the fol5 lowing: 

6 (1) Revising the acquisition process for major 

7 defense acquisition programs by establishing shorter, 

8 more frequent acquisition program milestones. 

9 (2) Requiring certifications of program status 

10 to the defense acquisition executive and Congress 

11 prior to milestone approval for major defense acqui12 sition programs. 

13 (3) Establishing a new office (to be known as 

14 the ‘‘Office of Independent Assessment’’) to provide 

15 independent cost estimates and performance esti16 mates for major defense acquisition programs. 

17 (4) Requiring the milestone decision authority 

18 for a major defense acquisition program to specify, 

19 at the time of Milestone B approval, or Key Decision 

20 Point B approval, as applicable, the period of time 

21 that will be required to deliver an initial operational 

22 capability to the relevant combatant commanders. 

23 (5) Establishing a materiel solutions process for 

24 addressing identified gaps in critical warfighting ca25 pabilities, under which process the Under Secretary 


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1 of Defense for Acquisition, Technology, and Logis2 tics circulates among the military departments and 

3 appropriate Defense Agencies a request for pro4 posals for technologies and systems to address such 

5 gaps. 

6 (6) Modifying the role played by chiefs of staff 

7 of the Armed Forces in the requirements, resource 

8 allocation, and acquisition processes. 

9 (7) Establishing a process in which the com10 manders of combatant commands assess, and pro11 vide input on, the capabilities needed to successfully 

12 accomplish the missions in the operational and con13 tingency plans of their commands over a long-term 

14 planning horizon of 15 years or more, taking into 

15 account expected changes in threats, the geo-political 

16 environment, and doctrine, training, and operational 

17 concepts. 

18 (c) CONSULTATION.—In conducting the review re19 quired under subsection (b) for the report required by sub20 section (a), the Comptroller General shall obtain the views 

21 of the following: 

22 (1) Senior acquisition officials currently serving 

23 in the Department of Defense. 

24 (2) Senior military officers involved in setting 

25 requirements for the joint staff, the Armed Forces, 


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1 and the combatant commands currently serving in 

2 the Department of Defense. 

3 (3) Individuals who formerly served as senior 

4 acquisition officials in the Department of Defense. 

5 (4) Participants in previous reviews of the orga6 nization and structure of the Department of Defense 

7 for the acquisition of major weapon systems, includ8 ing the President’s Blue Ribbon Commission on De9 fense Management in 1986. 

10 (5) Other experts on the acquisition of major 

11 weapon systems. 

12 (6) Appropriate experts in the Government Ac13 countability Office. 

14 SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR 

15 PRICING DATA ON NONCOMMERCIAL MODI16 FICATIONS OF COMMERCIAL ITEMS. 

17 (a) MEASUREMENT OF PERCENTAGE AT CONTRACT

18 AWARD.—Section 2306a(b)(3)(A) of title 10, United 

19 States Code, is amended by inserting after ‘‘total price of 

20 the contract’’ the following: ‘‘(at the time of contract 

21 award)’’. 

22 (b) HARMONIZATION OF THRESHOLDS FOR COST OR

23 PRICING DATA.—Section 2306a(b)(3)(A) of title 10, 

24 United States Code, is amended by striking ‘‘$500,000’’ 

25 and inserting ‘‘the amount specified in subsection 


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1 (a)(1)(A)(i), as adjusted from time to time under sub2 section (a)(7),’’. 

3 SEC. 815. CLARIFICATION OF RULES REGARDING THE PRO4 CUREMENT OF COMMERCIAL ITEMS. 

5 (a) TREATMENT OF SUBSYSTEMS, COMPONENTS, 

6 AND SPARE PARTS AS COMMERCIAL ITEMS.— 

7 (1) IN GENERAL.—Section 2379 of title 10, 

8 United States Code, is amended— 

9 (A) in subsection (a)— 

10 (i) by redesignating paragraph (2) as 

11 paragraph (3); 

12 (ii) in paragraph (1)(B), by striking 

13 ‘‘and’’ at the end; and 

14 (iii) by inserting after paragraph (1), 

15 the following: 

16 ‘‘(2) the offeror has submitted sufficient infor17 mation to evaluate, through price analysis, the rea18 sonableness of the price for such system; and’’; 

19 (B) by striking subsection (b) and insert20 ing the following new subsection (b): 

21 ‘‘(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL

22 ITEMS.—A subsystem of a major weapon system (other 

23 than a commercially available off-the-shelf item as defined 

24 in section 35(c) of the Office of Federal Procurement Pol25 icy Act (41 U.S.C. 431(c))) shall be treated as a commerVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 cial item and purchased under procedures established for 

2 the procurement of commercial items only if— 

3 ‘‘(1) the subsystem is intended for a major 

4 weapon system that is being purchased, or has been 

5 purchased, under procedures established for the pro6 curement of commercial items in accordance with 

7 the requirements of subsection (a); or 

8 ‘‘(2) the contracting officer determines in writ9 ing that— 

10 ‘‘(A) the subsystem is a commercial item, 

11 as defined in section 4(12) of the Office of Fed12 eral Procurement Policy Act (41 U.S.C. 

13 403(12)); and 

14 ‘‘(B) the offeror has submitted sufficient 

15 information to evaluate, through price analysis, 

16 the reasonableness of the price for such sub17 system.’’; 

18 (C) by redesignating subsections (c) and 

19 (d) as subsections (e) and (f), respectively; and 

20 (D) by inserting after subsection (b) the 

21 following new subsections (c) and (d): 

22 ‘‘(c) TREATMENT OF COMPONENTS AND SPARE

23 PARTS AS COMMERCIAL ITEMS.—(1) A component or 

24 spare part for a major weapon system (other than a com25 mercially available off-the-shelf item as defined in section 


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1 35(c) of the Office of Federal Procurement Policy Act (41 

2 U.S.C. 431(c))) may be treated as a commercial item for 

3 the purposes of section 2306a of this title only if— 

4 ‘‘(A) the component or spare part is intended 

5 for— 

6 ‘‘(i) a major weapon system that is being 

7 purchased, or has been purchased, under proce8 dures established for the procurement of com9 mercial items in accordance with the require10 ments of subsection (a); or 

11 ‘‘(ii) a subsystem of a major weapon sys12 tem that is being purchased, or has been pur13 chased, under procedures established for the 

14 procurement of commercial items in accordance 

15 with the requirements of subsection (b); or 

16 ‘‘(B) the contracting officer determines in writ17 ing that— 

18 ‘‘(i) the component or spare part is a com19 mercial item, as defined in section 4(12) of the 

20 Office of Federal Procurement Policy Act (41 

21 U.S.C. 403(12)); and 

22 ‘‘(ii) the offeror has submitted sufficient 

23 information to evaluate, through price analysis, 

24 the reasonableness of the price for such compo25 nent or spare part. 


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1 ‘‘(2) This subsection shall apply only to components 

2 and spare parts that are acquired by the Department of 

3 Defense through a prime contract or a modification to a 

4 prime contract (or through a subcontract under a prime 

5 contract or modification to a prime contract on which the 

6 prime contractor adds no, or negligible, value). 

7 ‘‘(d) INFORMATION SUBMITTED.—To the extent nec8 essary to make a determination under subsection (a)(2), 

9 (b)(2), or (c)(1)(B), the contracting officer may request 

10 the offeror to submit— 

11 ‘‘(1) prices paid for the same or similar com12 mercial items under comparable terms and condi13 tions by both government and commercial customers; 

14 and 

15 ‘‘(2) if the contracting officer determines that 

16 the information described in paragraph (1) is not 

17 sufficient to determine the reasonableness of price, 

18 other relevant information regarding the basis for 

19 price or cost, including information on labor costs, 

20 material costs, and overhead rates.’’. 

21 (2) CONFORMING AMENDMENT TO TECHNICAL

22 DATA PROVISION.—Section 2321(f)(2) of such title 

23 is amended by striking ‘‘(whether or not under a 

24 contract for commercial items)’’ and inserting 

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1 able off-the-shelf item as defined in section 35(c) of 

2 the Office of Federal Procurement Policy Act (41 

3 U.S.C. 431(c)))’’. 

4 (b) SALES OF COMMERCIAL ITEMS TO NONGOVERN5 MENTAL ENTITIES.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 shall modify the regulations of the Department of Defense 

8 on the procurement of commercial items in order to clarify 

9 that the terms ‘‘general public’’ and ‘‘nongovernmental en10 tities’’ in such regulations do not include the Federal Gov11 ernment or a State, local, or foreign government. 

12 SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR 

13 DEFENSE ACQUISITION PROGRAMS. 

14 (a) ANNUAL REVIEW.—The Under Secretary of De15 fense for Acquisition, Technology, and Logistics shall con16 duct an annual review of systemic deficiencies in the major 

17 defense acquisition programs of the Department of De18 fense for each fiscal year in which three or more major 

19 defense acquisition programs— 

20 (1) experience a critical cost growth threshold 

21 breach; 

22 (2) have a section 2366a certification with23 drawn; or 

24 (3) have a Milestone A approval or Key Deci25 sion Point A approval rescinded, by the milestone 


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1 decision authority under subsection (b) of section 

2 2366b of title 10, United States Code, as added by 

3 section 943 of this Act. 

4 (b) CONTENT OF REVIEW.—The review conducted 

5 under subsection (a) shall— 

6 (1) identify common factors, including any sys7 temic deficiencies in the budget, requirements, and 

8 acquisition policies and practices, that may have 

9 contributed to problems with major defense acquisi10 tion programs covered by the criteria in subsection 

11 (a); 

12 (2) assess the adequacy of corrective actions 

13 taken or to be taken to address cost growth or other 

14 performance deficiencies in programs covered by the 

15 criteria in subsection (a); and 

16 (3) make recommendations for any changes in 

17 budget, requirements, and acquisition policies and 

18 practices that may be appropriate to avoid similar 

19 problems with major defense acquisition programs in 

20 the future. 

21 (c) DEFINITIONS.—In this section: 

22 (1) CRITICAL COST GROWTH THRESHOLD

23 BREACH.—The term ‘‘critical cost growth threshold 

24 breach’’ means a determination under section 

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1 retary of a military department with respect to a 

2 major defense acquisition program that the program 

3 acquisition unit cost has increased by a percentage 

4 equal to or greater than the critical cost growth 

5 threshold or that the procurement unit cost has in6 creased by a percentage equal to or greater than the 

7 critical cost growth threshold. 

8 (2) SECTION 2366a CERTIFICATION.—The term 

9 ‘‘section 2366a certification’’ means a certification 

10 with respect to a major defense acquisition program 

11 under section 2366a(a) of title 10, United States 

12 Code, by the milestone decision authority. 

13 (d) REPORT.—Not later than July 15, 2008, and not 

14 later than August 15 of each year from 2009 through 

15 2012, the Secretary of Defense shall submit to the con16 gressional defense committees a report on the results of 

17 the annual review conducted (if any) for the preceding fis18 cal year under subsection (a). 

19 (e) SUNSET.—The requirement to conduct an annual 

20 review under subsection (a) shall terminate on September 

21 30, 2012. 

22 SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE 

23 ACQUISITION PROGRAMS. 

24 (a) REPORT REQUIRED.—Not later than May 1, 

25 2008, the Secretary of Defense shall submit to the conVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 gressional defense committees a report on the strategies 

2 of the Department of Defense for balancing the allocation 

3 of funds and other resources among major defense acquisi4 tion programs. 

5 (b) ELEMENTS.—The report required by subsection 

6 (a) shall address, at a minimum, the ability of the organi7 zations, policies, and procedures of the Department of De8 fense to provide for— 

9 (1) establishing priorities among needed capa10 bilities under major defense acquisition programs, 

11 and assessing the resources (including funds, tech12 nologies, time, and personnel) needed to achieve 

13 such capabilities; 

14 (2) balancing the cost, schedule, and require15 ments of major defense acquisition programs, includ16 ing those within the same functional or mission area, 

17 to ensure the most efficient use of resources; and 

18 (3) ensuring that the budget, requirements, and 

19 acquisition processes of the Department of Defense 

20 work in a complementary manner to achieve desired 

21 results. 

22 (c) ROLE OF TRI-CHAIR COMMITTEE IN RESOURCE

23 ALLOCATION.— 

24 (1) IN GENERAL.—The report required by sub25 section (a) shall also address the role of the comVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 mittee described in paragraph (2) in the resource al2 location process for major defense acquisition pro3 grams. 

4 (2) COMMITTEE.—The committee described in 

5 this paragraph is a committee (to be known as the 

6 ‘‘Tri-Chair Committee’’) composed of the following: 

7 (A) The Under Secretary of Defense for 

8 Acquisition, Technology, and Logistics, who is 

9 one of the chairs of the committee. 

10 (B) The Vice Chairman of the Joint Chiefs 

11 of Staff, who is one of the chairs of the com12 mittee. 

13 (C) The Director of Program Analysis and 

14 Evaluation, who is one of the chairs of the com15 mittee. 

16 (D) Any other appropriate officials of the 

17 Department of Defense, as jointly agreed upon 

18 by the Under Secretary and the Vice Chairman. 

19 (d) CHANGES IN LAW.—The report required by sub20 section (a) shall, to the maximum extent practicable, in21 clude a discussion of any changes in the budget, acquisi22 tion, and requirements processes of the Department of De23 fense undertaken as a result of changes in law pursuant 

24 to any section in this Act. 


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1 (e) RECOMMENDATIONS.—The report required by 

2 subsection (a) shall include any recommendations, includ3 ing recommendations for legislative action, that the Sec4 retary considers appropriate to improve the organizations, 

5 policies, and procedures described in the report. 

6 SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDA7 TIONS ON TOTAL OWNERSHIP COST FOR 

8 MAJOR WEAPON SYSTEMS. 

9 (a) REPORT REQUIRED.—Not later than 180 days 

10 after the date of the enactment of this Act, the Secretary 

11 of Defense shall submit to the congressional defense com12 mittees a report on the extent of the implementation of 

13 the recommendations set forth in the February 2003 re14 port of the Government Accountability Office entitled 

15 ‘‘Setting Requirements Differently Could Reduce Weapon 

16 Systems’ Total Ownership Costs’’. 

17 (b) ELEMENTS.—The report required by subsection 

18 (a) shall include the following: 

19 (1) For each recommendation described in sub20 section (a) that has been implemented, or that the 

21 Secretary plans to implement— 

22 (A) a summary of all actions that have 

23 been taken to implement such recommendation; 

24 and 


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1 (B) a schedule, with specific milestones, 

2 for completing the implementation of such rec3 ommendation. 

4 (2) For each recommendation that the Sec5 retary has not implemented and does not plan to im6 plement— 

7 (A) the reasons for the decision not to im8 plement such recommendation; and 

9 (B) a summary of any alternative actions 

10 the Secretary plans to take to address the pur11 poses underlying such recommendation. 

12 (3) A summary of any additional actions the 

13 Secretary has taken or plans to take to ensure that 

14 total ownership cost is appropriately considered in 

15 the requirements process for major weapon systems. 

16 Subtitle C—Amendments to Gen17 eral Contracting Authorities, 

18 Procedures, and Limitations 

19 SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE 

20 CONTRACT CLAUSES ON COMMERCIAL CON21 TRACTS. 

22 (a) PLAN.—The Under Secretary of Defense for Ac23 quisition, Technology, and Logistics shall develop and im24 plement a plan to minimize the number of governmentVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 unique contract clauses used in commercial contracts by 

2 restricting the clauses to the following: 

3 (1) Government-unique clauses authorized by 

4 law or regulation. 

5 (2) Any additional clauses that are relevant and 

6 necessary to a specific contract. 

7 (b) COMMERCIAL CONTRACT.—In this section: 

8 (1) The term ‘‘commercial contract’’ means a 

9 contract awarded by the Federal Government for the 

10 procurement of a commercial item. 

11 (2) The term ‘‘commercial item’’ has the mean12 ing provided by section 4(12) of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 403(12)). 

14 SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIM15 PLIFIED ACQUISITION PROCEDURES FOR 

16 CERTAIN COMMERCIAL ITEMS. 

17 (a) EXTENSION.—Section 4202(e) of the Clinger18 Cohen Act of 1996 (division D of Public Law 104–106; 

19 110 Stat. 652; 10 U.S.C. 2304 note) is amended by strik20 ing ‘‘January 1, 2008’’ and inserting ‘‘January 1, 2010’’. 

21 (b) REPORT.—Not later than March 1, 2008, the 

22 Under Secretary of Defense for Acquisition, Technology, 

23 and Logistics shall submit to the Committees on Armed 

24 Services of the Senate and the House of Representatives 

25 a report on the use by the Department of Defense of the 


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1 authority provided by section 4202(e) of the Clinger2 Cohen Act of 1996 (10 U.S.C. 2304 note). The report 

3 shall include, at a minimum, the following: 

4 (1) Summary data on the use of the authority. 

5 (2) Specific examples of the use of the author6 ity. 

7 (3) An evaluation of potential benefits and costs 

8 of extending the authority after January 1, 2010. 

9 SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY 

10 OUT CERTAIN PROTOTYPE PROJECTS. 

11 Section 845(i) of the National Defense Authorization 

12 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend13 ed by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep14 tember 30, 2013’’. 

15 SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND 

16 FROM CERTAIN REQUIREMENTS FOR CER17 TAIN CONTRACTS RELATING TO VESSELS, 

18 AIRCRAFT, AND COMBAT VEHICLES. 

19 Section 2401(b) of title 10, United States Code, is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(5) In the case of a contract described in subsection 

23 (a)(1)(B), the commander of the special operations com24 mand may make a contract without regard to this sub25 section if— 


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1 ‘‘(A) funds are available and obligated for the 

2 full cost of the contract (including termination costs) 

3 on or before the date the contract is awarded; 

4 ‘‘(B) the Secretary of Defense submits to the 

5 congressional defense committees a certification that 

6 there is no alternative for meeting urgent oper7 ational requirements other than making the con8 tract; and 

9 ‘‘(C) a period of 30 days of continuous session 

10 of Congress has expired following the date on which 

11 the certification was received by such committees.’’. 

12 SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIP13 MENT TO UNIFIED COMBATANT COMMAND 

14 FOR JOINT WARFIGHTING. 

15 (a) AUTHORITY.—Section 167a of title 10, United 

16 States Code, is amended— 

17 (1) in subsection (a), by striking ‘‘and acquire’’ 

18 and inserting ‘‘, acquire, and maintain’’; 

19 (2) by redesignating subsection (f) as sub20 section (g); and 

21 (3) by inserting after subsection (e) the fol22 lowing new subsection: 

23 ‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN

24 EQUIPMENT.—The authority delegated under subsection 

25 (a) to maintain equipment is subject to the availability of 


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1 funds authorized and appropriated specifically for that 

2 purpose.’’. 

3 (b) TWO-YEAR EXTENSION.—Subsection (g) of such 

4 section, as so redesignated, is amended— 

5 (1) by striking ‘‘through 2008’’ and inserting 

6 ‘‘through 2010’’; and 

7 (2) by striking ‘‘September 30, 2008’’ and in8 serting ‘‘September 30, 2010’’. 

9 SEC. 826. MARKET RESEARCH. 

10 (a) ADDITIONAL REQUIREMENTS.—Subsection (c) of 

11 section 2377 of title 10, United States Code, is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (A); 

15 (B) by striking the period at the end of 

16 subparagraph (B) and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(C) before awarding a task order or deliv19 ery order in excess of the simplified acquisition 

20 threshold.’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(4) The head of an agency shall take appropriate 

23 steps to ensure that any prime contractor of a contract 

24 (or task order or delivery order) in an amount in excess 

25 of $5,000,000 for the procurement of items other than 


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1 commercial items engages in such market research as may 

2 be necessary to carry out the requirements of subsection 

3 (b)(2) before making purchases for or on behalf of the 

4 Department of Defense.’’. 

5 (b) REQUIREMENT TO DEVELOP TRAINING AND

6 TOOLS.—The Secretary of Defense shall develop training 

7 to assist contracting officers, and market research tools 

8 to assist such officers and prime contractors, in per9 forming appropriate market research as required by sub10 section (c) of section 2377 of title 10, United States Code, 

11 as amended by this section. 

12 SEC. 827. MODIFICATION OF COMPETITION REQUIRE13 MENTS FOR PURCHASES FROM FEDERAL 

14 PRISON INDUSTRIES. 

15 (a) MODIFICATION OF COMPETITION REQUIRE16 MENTS.— 

17 (1) IN GENERAL.—Section 2410n of title 10, 

18 United States Code, is amended by striking sub19 sections (a) and (b) and inserting the following new 

20 subsections (a) and (b): 

21 ‘‘(a) PRODUCTS FOR WHICH FEDERAL PRISON IN22 DUSTRIES DOES NOT HAVE SIGNIFICANT MARKET

23 SHARE.—(1) Before purchasing a product listed in the 

24 latest edition of the Federal Prison Industries catalog 

25 under section 4124(d) of title 18 for which Federal Prison 


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1 Industries does not have a significant market share, the 

2 Secretary of Defense shall conduct market research to de3 termine whether the product is comparable to products 

4 available from the private sector that best meet the needs 

5 of the Department in terms of price, quality, and time of 

6 delivery. 

7 ‘‘(2) If the Secretary determines that a Federal Pris8 on Industries product described in paragraph (1) is not 

9 comparable in price, quality, or time of delivery to prod10 ucts of the private sector that best meets the needs of the 

11 Department in terms of price, quality, and time of deliv12 ery, the Secretary shall use competitive procedures for the 

13 procurement of the product, or shall make an individual 

14 purchase under a multiple award contract in accordance 

15 with the competition requirements applicable to such con16 tract. In conducting such a competition, the Secretary 

17 shall consider a timely offer from Federal Prison Indus18 tries. 

19 ‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON IN20 DUSTRIES HAS SIGNIFICANT MARKET SHARE.—(1) The 

21 Secretary of Defense may purchase a product listed in the 

22 latest edition of the Federal Prison Industries catalog for 

23 which Federal Prison Industries has a significant market 

24 share only if the Secretary uses competitive procedures for 

25 the procurement of the product or makes an individual 


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1 purchase under a multiple award contract in accordance 

2 with the competition requirements applicable to such con3 tract. In conducting such a competition, the Secretary 

4 shall consider a timely offer from Federal Prison Indus5 tries. 

6 ‘‘(2) For purposes of this subsection, Federal Prison 

7 Industries shall be treated as having a significant share 

8 of the market for a product if the Secretary, in consulta9 tion with the Administrator of Federal Procurement Pol10 icy, determines that the Federal Prison Industries share 

11 of the Department of Defense market for the category of 

12 products including such product is greater than 5 per13 cent.’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by subsection (a) shall take effect 60 days after the 

16 date of the enactment of this Act. 

17 (b) LIST OF PRODUCTS FOR WHICH FEDERAL PRIS18 ON INDUSTRIES HAS SIGNIFICANT MARKET SHARE.— 

19 (1) INITIAL LIST.—Not later than 60 days after 

20 the date of the enactment of this Act, the Secretary 

21 of Defense shall publish a list of product categories 

22 for which Federal Prison Industries’ share of the 

23 Department of Defense market is greater than 5 

24 percent, based on the most recent fiscal year for 

25 which data is available. 


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1 (2) MODIFICATION.—The Secretary may modify 

2 the list published under paragraph (1) at any time 

3 if the Secretary determines that new data require 

4 adding a product category to the list or omitting a 

5 product category from the list. 

6 (3) CONSULTATION.—The Secretary shall carry 

7 out this subsection in consultation with the Adminis8 trator for Federal Procurement Policy. 

9 SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELEC10 TRICITY FROM RENEWABLE ENERGY 

11 SOURCES. 

12 (a) MULTIYEAR CONTRACT AUTHORITY.—Chapter 

13 141 of title 10, United States Code, is amended by adding 

14 at the end the following new section: 

15 ‘‘§ 2410q. Multiyear contracts: purchase of electricity 

16 from renewable energy sources 

17 ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.—Sub18 ject to subsection (b), the Secretary of Defense may enter 

19 into a contract for a period not to exceed 10 years for 

20 the purchase of electricity from sources of renewable en21 ergy, as that term is defined in section 203(b)(2) of the 

22 Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)). 

23 ‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN

24 EXCESS OF FIVE YEARS.—The Secretary may exercise 

25 the authority in subsection (a) to enter into a contract 


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1 for a period in excess of five years only if the Secretary 

2 determines, on the basis of a business case analysis pre3 pared by the Department of Defense, that— 

4 ‘‘(1) the proposed purchase of electricity under 

5 such contract is cost effective for the Department of 

6 Defense; and 

7 ‘‘(2) it would not be possible to purchase elec8 tricity from the source in an economical manner 

9 without the use of a contract for a period in excess 

10 of five years. 

11 ‘‘(c) RELATIONSHIP TO OTHER MULTIYEAR CON12 TRACTING AUTHORITY.—Nothing in this section shall be 

13 construed to preclude the Department of Defense from 

14 using other multiyear contracting authority of the Depart15 ment to purchase renewable energy.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 141 of such title is amended 

18 by adding at the end the following new item: 

‘‘2410q. Multiyear contracts: purchase of electricity from renewable energy 

sources.’’. 

19 SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON 

20 FIBER FOR THE PRODUCTION OF UNIFORMS 

21 FROM FOREIGN SOURCES. 

22 (a) AUTHORITY TO PROCURE.—The Secretary of De23 fense may procure fire resistant rayon fiber for the pro24 duction of uniforms that is manufactured in a foreign 


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1 country referred to in subsection (d) if the Secretary de2 termines either of the following: 

3 (1) That fire resistant rayon fiber for the pro4 duction of uniforms is not available from sources 

5 within the national technology and industrial base. 

6 (2) That— 

7 (A) procuring fire resistant rayon fiber 

8 manufactured from suppliers within the na9 tional technology and industrial base would re10 sult in sole-source contracts or subcontracts for 

11 the supply of fire resistant rayon fiber; and 

12 (B) such sole-source contracts or sub13 contracts would not be in the best interests of 

14 the Government or consistent with the objec15 tives of section 2304 of title 10, United States 

16 Code. 

17 (b) SUBMISSION TO CONGRESS.—Not later than 30 

18 days after making a determination under subsection (a), 

19 the Secretary shall submit to Congress a copy of the deter20 mination. 

21 (c) APPLICABILITY TO SUBCONTRACTS.—The au22 thority under subsection (a) applies with respect to sub23 contracts under Department of Defense contracts as well 

24 as to such contracts. 


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1 (d) FOREIGN COUNTRIES COVERED.—The authority 

2 under subsection (a) applies with respect to a foreign 

3 country that— 

4 (1) is a party to a defense memorandum of un5 derstanding entered into under section 2531 of title 

6 10, United States Code; and 

7 (2) does not discriminate against defense items 

8 produced in the United States to a greater degree 

9 than the United States discriminates against defense 

10 items produced in that country. 

11 (e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE

12 DEFINED.—In this section, the term ‘‘national technology 

13 and industrial base’’ has the meaning given that term in 

14 section 2500 of title 10, United States Code. 

15 (f) SUNSET.—The authority under subsection (a) 

16 shall expire on the date that is five years after the date 

17 of the enactment of this Act. 

18 SEC. 830. COMPTROLLER GENERAL REVIEW OF NON19 COMPETITIVE AWARDS OF CONGRESSIONAL 

20 AND EXECUTIVE BRANCH INTEREST ITEMS. 

21 Not later than one year after the date of the enact22 ment of this Act, the Comptroller General of the United 

23 States shall submit to the congressional defense commit24 tees a report on the use of procedures other than competi25 tive procedures in the award of contracts by the DepartVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ment of Defense. The report shall compare the procedures 

2 used by the Department of Defense for the award of funds 

3 for new projects pursuant to congressionally directed 

4 spending items, as defined in rule XLIV of the Standing 

5 Rules of the Senate, or congressional earmarks, as defined 

6 in rule XXI of the Rules of the House of Representatives, 

7 with the procedures used by the Department of Defense 

8 for the award of funds for new projects of special interest 

9 to senior executive branch officials. 

10 Subtitle D—Accountability in 

11 Contracting 

12 SEC. 841. COMMISSION ON WARTIME CONTRACTING IN 

13 IRAQ AND AFGHANISTAN. 

14 (a) ESTABLISHMENT.—There is hereby established a 

15 commission to be known as the ‘‘Commission on Wartime 

16 Contracting’’ (in this section referred to as the ‘‘Commis17 sion’’). 

18 (b) MEMBERSHIP MATTERS.— 

19 (1) MEMBERSHIP.—The Commission shall be 

20 composed of 8 members, as follows: 

21 (A) 2 members shall be appointed by the 

22 majority leader of the Senate, in consultation 

23 with the Chairmen of the Committee on Armed 

24 Services, the Committee on Homeland Security 


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1 and Governmental Affairs, and the Committee 

2 on Foreign Relations of the Senate. 

3 (B) 2 members shall be appointed by the 

4 Speaker of the House of Representatives, in 

5 consultation with the Chairmen of the Com6 mittee on Armed Services, the Committee on 

7 Oversight and Government Reform, and the 

8 Committee on Foreign Affairs of the House of 

9 Representatives. 

10 (C) 1 member shall be appointed by the 

11 minority leader of the Senate, in consultation 

12 with the Ranking Minority Members of the 

13 Committee on Armed Services, the Committee 

14 on Homeland Security and Governmental Af15 fairs, and the Committee on Foreign Relations 

16 of the Senate. 

17 (D) 1 member shall be appointed by the 

18 minority leader of the House of Representa19 tives, in consultation with the Ranking Minority 

20 Member of the Committee on Armed Services, 

21 the Committee on Oversight and Government 

22 Reform, and the Committee on Foreign Affairs 

23 of the House of Representatives. 


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1 (E) 2 members shall be appointed by the 

2 President, in consultation with the Secretary of 

3 Defense and the Secretary of State. 

4 (2) DEADLINE FOR APPOINTMENTS.—All ap5 pointments to the Commission shall be made not 

6 later than 120 days after the date of the enactment 

7 of this Act. 

8 (3) CO-CHAIRMEN.—The Commission shall have 

9 two co-chairmen, including— 

10 (A) a co-chairman who shall be a member 

11 of the Commission jointly designated by the 

12 Speaker of the House of Representatives and 

13 the majority leader of the Senate; and 

14 (B) a co-chairman who shall be a member 

15 of the Commission jointly designated by the mi16 nority leader of the House of Representatives 

17 and the minority leader of the Senate. 

18 (4) VACANCY.—In the event of a vacancy in a 

19 seat on the Commission, the individual appointed to 

20 fill the vacant seat shall be— 

21 (A) appointed by the same officer (or the 

22 officer’s successor) who made the appointment 

23 to the seat when the Commission was first es24 tablished; and 


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1 (B) if the officer in subparagraph (A) is of 

2 a party other than the party of the officer who 

3 made the appointment to the seat when the 

4 Commission was first established, chosen in 

5 consultation with the senior officers in the Sen6 ate and the House of Representatives of the 

7 party which is the party of the officer who 

8 made the appointment to the seat when the 

9 Commission was first established. 

10 (c) DUTIES.— 

11 (1) GENERAL DUTIES.—The Commission shall 

12 study the following matters: 

13 (A) Federal agency contracting for the re14 construction of Iraq and Afghanistan. 

15 (B) Federal agency contracting for the 

16 logistical support of coalition forces operating in 

17 Iraq and Afghanistan. 

18 (C) Federal agency contracting for the per19 formance of security functions in Iraq and Af20 ghanistan. 

21 (2) SCOPE OF CONTRACTING COVERED.—The 

22 Federal agency contracting covered by this sub23 section includes contracts entered into both in the 

24 United States and abroad for the performance of ac25 tivities described in paragraph (1). 


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1 (3) PARTICULAR DUTIES.—In carrying out the 

2 study under this subsection, the Commission shall 

3 assess— 

4 (A) the extent of the reliance of the Fed5 eral Government on contractors to perform 

6 functions (including security functions) in Iraq 

7 and Afghanistan and the impact of this reliance 

8 on the achievement of the objectives of the 

9 United States; 

10 (B) the performance exhibited by Federal 

11 contractors for the contracts under review pur12 suant to paragraph (1), and the mechanisms 

13 used to evaluate contractor performance; 

14 (C) the extent of waste, fraud, and abuse 

15 under such contracts; 

16 (D) the extent to which those responsible 

17 for such waste, fraud, and abuse have been held 

18 financially or legally accountable; 

19 (E) the appropriateness of the organiza20 tional structure, policies, practices, and re21 sources of the Department of Defense and the 

22 Department of State for handling program 

23 management and contracting for the programs 

24 and contracts under review pursuant to para25 graph (1); 


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1 (F) the extent to which contractors under 

2 such contracts have engaged in the misuse of 

3 force or have used force in a manner incon4 sistent with the objectives of the operational 

5 field commander; and 

6 (G) the extent of potential violations of the 

7 laws of war, Federal law, or other applicable 

8 legal standards by contractors under such con9 tracts. 

10 (d) REPORTS.— 

11 (1) INTERIM REPORT.—On March 1, 2009, the 

12 Commission shall submit to Congress an interim re13 port on the study carried out under subsection (c), 

14 including the results and findings of the study as of 

15 that date. 

16 (2) OTHER REPORTS.—The Commission may 

17 from time to time submit to Congress such other re18 ports on the study carried out under subsection (c) 

19 as the Commission considers appropriate. 

20 (3) FINAL REPORT.—Not later than two years 

21 after the date of the appointment of all of the mem22 bers of the Commission under subsection (b), the 

23 Commission shall submit to Congress a final report 

24 on the study carried out under subsection (c). The 

25 report shall— 


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1 (A) include the findings of the Commis2 sion; 

3 (B) identify lessons learned relating to 

4 contingency program management and contin5 gency contracting covered by the study; and 

6 (C) include specific recommendations for 

7 improvements to be made in— 

8 (i) the process for defining require9 ments and developing statements of work 

10 for contracts in contingency contracting; 

11 (ii) the process for awarding contracts 

12 and task or delivery orders in contingency 

13 contracting; 

14 (iii) the process for contingency pro15 gram management; 

16 (iv) the process for identifying, ad17 dressing, and providing accountability for 

18 waste, fraud, and abuse in contingency 

19 contracting; 

20 (v) the process for determining which 

21 functions are inherently governmental and 

22 which functions are appropriate for per23 formance by contractors in a contingency 

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1 rity in an area of combat operations is in2 herently governmental; 

3 (vi) the organizational structure, re4 sources, policies, and practices of the De5 partment of Defense and the Department 

6 of State for performing contingency pro7 gram management; and 

8 (vii) the process by which roles and 

9 responsibilities with respect to manage10 ment and oversight of contracts in contin11 gency contracting are distributed among 

12 the various departments and agencies of 

13 the Federal Government, and interagency 

14 coordination and communication mecha15 nisms associated with contingency con16 tracting. 

17 (e) OTHER POWERS AND AUTHORITIES.— 

18 (1) HEARINGS AND EVIDENCE.—The Commis19 sion or, on the authority of the Commission, any 

20 portion thereof, may, for the purpose of carrying out 

21 this section— 

22 (A) hold such hearings and sit and act at 

23 such times and places, take such testimony, re24 ceive such evidence, administer such oaths (proVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 vided that the quorum for a hearing shall be 

2 three members of the Commission); and 

3 (B) provide for the attendance and testi4 mony of such witnesses and the production of 

5 such books, records, correspondence, memo6 randa, papers, and documents; 

7 as the Commission, or such portion thereof, may de8 termine advisable. 

9 (2) INABILITY TO OBTAIN DOCUMENTS OR TES10 TIMONY.—In the event the Commission is unable to 

11 obtain testimony or documents needed to conduct its 

12 work, the Commission shall notify the committees of 

13 Congress of jurisdiction and appropriate investiga14 tive authorities. 

15 (3) ACCESS TO INFORMATION.—The Commis16 sion may secure directly from the Department of 

17 Defense and any other department or agency of the 

18 Federal Government any information or assistance 

19 that the Commission considers necessary to enable 

20 the Commission to carry out the requirements of 

21 this section. Upon request of the Commission, the 

22 head of such department or agency shall furnish 

23 such information expeditiously to the Commission. 

24 Whenever information or assistance requested by the 

25 Commission is unreasonably refused or not provided, 


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1 the Commission shall report the circumstances to 

2 Congress without delay. 

3 (4) PERSONNEL.—The Commission shall have 

4 the authorities provided in section 3161 of title 5, 

5 United States Code, and shall be subject to the con6 ditions set forth in such section, except to the extent 

7 that such conditions would be inconsistent with the 

8 requirements of this section. 

9 (5) DETAILEES.—Any employee of the Federal 

10 Government may be detailed to the Commission 

11 without reimbursement from the Commission, and 

12 such detailee shall retain the rights, status, and 

13 privileges of his or her regular employment without 

14 interruption. 

15 (6) SECURITY CLEARANCES.—The appropriate 

16 departments or agencies of the Federal Government 

17 shall cooperate with the Commission in expeditiously 

18 providing to the Commission members and staff ap19 propriate security clearances to the extent possible 

20 pursuant to existing procedures and requirements, 

21 except that no person shall be provided with access 

22 to classified information under this section without 

23 the appropriate security clearances. 

24 (7) VIOLATIONS OF LAW.— 


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1 (A) REFERRAL TO ATTORNEY GENERAL.— 

2 The Commission may refer to the Attorney 

3 General any violation or potential violation of 

4 law identified by the Commission in carrying 

5 out its duties under this section. 

6 (B) REPORTS ON RESULTS OF REFER7 RAL.—The Attorney General shall submit to 

8 Congress a report on each prosecution, convic9 tion, resolution, or other disposition that results 

10 from a referral made under this subparagraph. 

11 (f) TERMINATION.—The Commission shall terminate 

12 on the date that is 60 days after the date of the submittal 

13 of its final report under subsection (d)(3). 

14 (g) DEFINITIONS.—In this section: 

15 (1) CONTINGENCY CONTRACTING.—The term 

16 ‘‘contingency contracting’’ means all stages of the 

17 process of acquiring property or services during a 

18 contingency operation. 

19 (2) CONTINGENCY OPERATION.—The term 

20 ‘‘contingency operation’’ has the meaning given that 

21 term in section 101 of title 10, United States Code. 

22 (3) CONTINGENCY PROGRAM MANAGEMENT.— 

23 The term ‘‘contingency program management’’ 

24 means the process of planning, organizing, staffing, 

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1 ticipating personnel for the management of a spe2 cific acquisition program or programs during contin3 gency operations. 

4 SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE 

5 IN WARTIME CONTRACTS AND CONTRACTING 

6 PROCESSES IN IRAQ AND AFGHANISTAN. 

7 (a) AUDITS REQUIRED.—Thorough audits shall be 

8 performed in accordance with this section to identify po9 tential waste, fraud, and abuse in the performance of— 

10 (1) Department of Defense contracts, sub11 contracts, and task and delivery orders for the 

12 logistical support of coalition forces in Iraq and Af13 ghanistan; and 

14 (2) Federal agency contracts, subcontracts, and 

15 task and delivery orders for the performance of secu16 rity and reconstruction functions in Iraq and Af17 ghanistan. 

18 (b) AUDIT PLANS.— 

19 (1) The Department of Defense Inspector Gen20 eral shall develop a comprehensive plan for a series 

21 of audits of contracts, subcontracts, and task and 

22 delivery orders covered by subsection (a)(1), con23 sistent with the requirements of subsection (g), in 

24 consultation with other Inspectors General specified 

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1 contracts, or task or delivery orders over which such 

2 Inspectors General have jurisdiction. 

3 (2) The Special Inspector General for Iraq Re4 construction shall develop a comprehensive plan for 

5 a series of audits of contracts, subcontracts, and 

6 task and delivery orders covered by subsection (a)(2) 

7 relating to Iraq, consistent with the requirements of 

8 subsection (h), in consultation with other Inspectors 

9 General specified in subsection (c) with regard to 

10 any contracts, subcontracts, or task or delivery or11 ders over which such Inspectors General have juris12 diction. 

13 (3) The Special Inspector General for Afghani14 stan Reconstruction shall develop a comprehensive 

15 plan for a series of audits of contracts, subcontracts, 

16 and task and delivery orders covered by subsection 

17 (a)(2) relating to Afghanistan, consistent with the 

18 requirements of subsection (h), in consultation with 

19 other Inspectors General specified in subsection (c) 

20 with regard to any contracts, subcontracts, or task 

21 or delivery orders over which such Inspectors Gen22 eral have jurisdiction. 

23 (c) PERFORMANCE OF AUDITS BY CERTAIN INSPEC24 TORS GENERAL.—The Special Inspector General for Iraq 

25 Reconstruction, during such period as such office exists, 


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1 the Special Inspector General for Afghanistan Reconstruc2 tion, during such period as such office exists, the Inspector 

3 General of the Department of Defense, the Inspector Gen4 eral of the Department of State, and the Inspector Gen5 eral of the United States Agency for International Devel6 opment shall perform such audits as required by sub7 section (a) and identified in the audit plans developed pur8 suant to subsection (b) as fall within the respective scope 

9 of their duties as specified in law. 

10 (d) COORDINATION OF AUDITS.—The Inspectors 

11 General specified in subsection (c) shall work to coordinate 

12 the performance of the audits required by subsection (a) 

13 and identified in the audit plans developed under sub14 section (b) including through councils and working groups 

15 composed of such Inspectors General. 

16 (e) JOINT AUDITS.—If one or more audits required 

17 by subsection (a) and identified in an audit plan developed 

18 under subsection (b) falls within the scope of the duties 

19 of more than one of the Inspectors General specified in 

20 subsection (c), and such Inspectors General agree that 

21 such audit or audits are best pursued jointly, such Inspec22 tors General shall enter into a memorandum of under23 standing relating to the performance of such audit or au24 dits. 


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1 (f) SEPARATE AUDITS.—If one or more audits re2 quired by subsection (a) and identified in an audit plan 

3 developed under subsection (b) falls within the scope of 

4 the duties of more than one of the Inspectors General 

5 specified in subsection (c), and such Inspectors General 

6 do not agree that such audit or audits are best pursued 

7 jointly, such audit or audits shall be separately performed 

8 by one or more of the Inspectors General concerned. 

9 (g) SCOPE OF AUDITS OF CONTRACTS.—Audits con10 ducted pursuant to subsection (a)(1) shall examine, at a 

11 minimum, one or more of the following issues: 

12 (1) The manner in which contract requirements 

13 were developed. 

14 (2) The procedures under which contracts or 

15 task or delivery orders were awarded. 

16 (3) The terms and conditions of contracts or 

17 task or delivery orders. 

18 (4) The staffing and method of performance of 

19 contractors, including cost controls. 

20 (5) The efficacy of Department of Defense 

21 management and oversight, including the adequacy 

22 of staffing and training of officials responsible for 

23 such management and oversight. 


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1 (6) The flow of information from contractors to 

2 officials responsible for contract management and 

3 oversight. 

4 (h) SCOPE OF AUDITS OF OTHER CONTRACTS.—Au5 dits conducted pursuant to subsection (a)(2) shall exam6 ine, at a minimum, one or more of the following issues: 

7 (1) The manner in which contract requirements 

8 were developed and contracts or task and delivery 

9 orders were awarded. 

10 (2) The manner in which the Federal agency 

11 exercised control over the performance of contrac12 tors. 

13 (3) The extent to which operational field com14 manders were able to coordinate or direct the per15 formance of contractors in an area of combat oper16 ations. 

17 (4) The degree to which contractor employees 

18 were properly screened, selected, trained, and 

19 equipped for the functions to be performed. 

20 (5) The nature and extent of any incidents of 

21 misconduct or unlawful activity by contractor em22 ployees. 

23 (6) The nature and extent of any activity by 

24 contractor employees that was inconsistent with the 

25 objectives of operational field commanders. 


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1 (7) The extent to which any incidents of mis2 conduct or unlawful activity were reported, docu3 mented, investigated, and (where appropriate) pros4 ecuted. 

5 (i) INDEPENDENT CONDUCT OF AUDIT FUNC6 TIONS.—All audit functions under this section, including 

7 audit planning and coordination, shall be performed by the 

8 relevant Inspectors General in an independent manner, 

9 without consultation with the Commission established pur10 suant to section 841 of this Act. All audit reports resulting 

11 from such audits shall be available to the Commission. 

12 SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR 

13 TASK AND DELIVERY ORDER CONTRACTS. 

14 (a) DEFENSE CONTRACTS.— 

15 (1) LIMITATION ON SINGLE AWARD CON16 TRACTS.—Section 2304a(d) of title 10, United 

17 States Code, is amended— 

18 (A) by redesignating paragraph (3) as 

19 paragraph (4); and 

20 (B) by inserting after paragraph (2) the 

21 following new paragraph (3): 

22 ‘‘(3)(A) No task or delivery order contract in an 

23 amount estimated to exceed $100,000,000 (including all 

24 options) may be awarded to a single source unless the 

25 head of the agency determines in writing that— 


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1 ‘‘(i) the task or delivery orders expected under 

2 the contract are so integrally related that only a sin3 gle source can reasonably perform the work; 

4 ‘‘(ii) the contract provides only for firm, fixed 

5 price task orders or delivery orders for— 

6 ‘‘(I) products for which unit prices are es7 tablished in the contract; or 

8 ‘‘(II) services for which prices are estab9 lished in the contract for the specific tasks to 

10 be performed; 

11 ‘‘(iii) only one source is qualified and capable of 

12 performing the work at a reasonable price to the 

13 government; or 

14 ‘‘(iv) because of exceptional circumstances, it is 

15 necessary in the public interest to award the con16 tract to a single source. 

17 ‘‘(B) The head of the agency shall notify Congress 

18 within 30 days after any determination under subpara19 graph (A)(iv).’’. 

20 (2) ENHANCED COMPETITION FOR ORDERS IN

21 EXCESS OF $5,000,000.—Section 2304c of such title 

22 is amended— 

23 (A) by redesignating subsections (d), (e), 

24 and (f) as subsections (e), (f), and (g), respec25 tively; 


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1 (B) by inserting after subsection (c) the 

2 following new subsection (d): 

3 ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX4 CESS OF $5,000,000.—In the case of a task or delivery 

5 order in excess of $5,000,000, the requirement to provide 

6 all contractors a fair opportunity to be considered under 

7 subsection (b) is not met unless all such contractors are 

8 provided, at a minimum— 

9 ‘‘(1) a notice of the task or delivery order that 

10 includes a clear statement of the agency’s require11 ments; 

12 ‘‘(2) a reasonable period of time to provide a 

13 proposal in response to the notice; 

14 ‘‘(3) disclosure of the significant factors and 

15 subfactors, including cost or price, that the agency 

16 expects to consider in evaluating such proposals, and 

17 their relative importance; 

18 ‘‘(4) in the case of an award that is to be made 

19 on a best value basis, a written statement docu20 menting the basis for the award and the relative im21 portance of quality and price or cost factors; and 

22 ‘‘(5) an opportunity for a post-award debriefing 

23 consistent with the requirements of section 

24 2305(b)(5) of this title.’’; and 


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1 (C) by striking subsection (e), as redesig2 nated by paragraph (1), and inserting the fol3 lowing new subsection (e): 

4 ‘‘(e) PROTESTS.—(1) A protest is not authorized in 

5 connection with the issuance or proposed issuance of a 

6 task or delivery order except for— 

7 ‘‘(A) a protest on the ground that the order in8 creases the scope, period, or maximum value of the 

9 contract under which the order is issued; or 

10 ‘‘(B) a protest of an order valued in excess of 

11 $10,000,000. 

12 ‘‘(2) Notwithstanding section 3556 of title 31, the 

13 Comptroller General of the United States shall have exclu14 sive jurisdiction of a protest authorized under paragraph 

15 (1)(B). 

16 ‘‘(3) This subsection shall be in effect for three years, 

17 beginning on the date that is 120 days after the date of 

18 the enactment of the National Defense Authorization Act 

19 for Fiscal Year 2008.’’. 

20 (3) EFFECTIVE DATES.— 

21 (A) SINGLE AWARD CONTRACTS.—The 

22 amendments made by paragraph (1) shall take 

23 effect on the date that is 120 days after the 

24 date of the enactment of this Act, and shall 


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1 apply with respect to any contract awarded on 

2 or after such date. 

3 (B) ORDERS IN EXCESS OF $5,000,000.— 

4 The amendments made by paragraph (2) shall 

5 take effect on the date that is 120 days after 

6 the date of the enactment of this Act, and shall 

7 apply with respect to any task or delivery order 

8 awarded on or after such date. 

9 (b) CIVILIAN AGENCY CONTRACTS.— 

10 (1) LIMITATION ON SINGLE AWARD CON11 TRACTS.—Section 303H(d) of the Federal Property 

12 and Administrative Services Act of 1949 (41 U.S.C. 

13 253h(d)) is amended— 

14 (A) by redesignating paragraph (3) as 

15 paragraph (4); and 

16 (B) by inserting after paragraph (2) the 

17 following new paragraph (3): 

18 ‘‘(3)(A) No task or delivery order contract in an 

19 amount estimated to exceed $100,000,000 (including all 

20 options) may be awarded to a single source unless the 

21 head of the executive agency determines in writing that— 

22 ‘‘(i) the task or delivery orders expected under 

23 the contract are so integrally related that only a sin24 gle source can reasonably perform the work; 


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1 ‘‘(ii) the contract provides only for firm, fixed 

2 price task orders or delivery orders for— 

3 ‘‘(I) products for which unit prices are es4 tablished in the contract; or 

5 ‘‘(II) services for which prices are estab6 lished in the contract for the specific tasks to 

7 be performed; 

8 ‘‘(iii) only one source is qualified and capable of 

9 performing the work at a reasonable price to the 

10 government; or 

11 ‘‘(iv) because of exceptional circumstances, it is 

12 necessary in the public interest to award the con13 tract to a single source. 

14 ‘‘(B) The head of the executive agency shall notify 

15 Congress within 30 days after any determination under 

16 subparagraph (A)(iv).’’. 

17 (2) ENHANCED COMPETITION FOR ORDERS IN

18 EXCESS OF $5,000,000.—Section 303J of such Act 

19 (41 U.S.C. 253j) is amended— 

20 (A) by redesignating subsections (d), (e), 

21 and (f) as subsections (e), (f), and (g), respec22 tively; 

23 (B) by inserting after subsection (c) the 

24 following new subsection (d): 


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1 ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX2 CESS OF $5,000,000.—In the case of a task or delivery 

3 order in excess of $5,000,000, the requirement to provide 

4 all contractors a fair opportunity to be considered under 

5 subsection (b) is not met unless all such contractors are 

6 provided, at a minimum— 

7 ‘‘(1) a notice of the task or delivery order that 

8 includes a clear statement of the executive agency’s 

9 requirements; 

10 ‘‘(2) a reasonable period of time to provide a 

11 proposal in response to the notice; 

12 ‘‘(3) disclosure of the significant factors and 

13 subfactors, including cost or price, that the executive 

14 agency expects to consider in evaluating such pro15 posals, and their relative importance; 

16 ‘‘(4) in the case of an award that is to be made 

17 on a best value basis, a written statement docu18 menting the basis for the award and the relative im19 portance of quality and price or cost factors; and 

20 ‘‘(5) an opportunity for a post-award debriefing 

21 consistent with the requirements of section 

22 303B(e).’’; and 

23 (C) by striking subsection (e), as redesig24 nated by paragraph (1), and inserting the fol25 lowing new subsection (e): 


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1 ‘‘(e) PROTESTS.—(1) A protest is not authorized in 

2 connection with the issuance or proposed issuance of a 

3 task or delivery order except for— 

4 ‘‘(A) a protest on the ground that the order in5 creases the scope, period, or maximum value of the 

6 contract under which the order is issued; or 

7 ‘‘(B) a protest of an order valued in excess of 

8 $10,000,000. 

9 ‘‘(2) Notwithstanding section 3556 of title 31, United 

10 States Code, the Comptroller General of the United States 

11 shall have exclusive jurisdiction of a protest authorized 

12 under paragraph (1)(B). 

13 ‘‘(3) This subsection shall be in effect for three years, 

14 beginning on the date that is 120 days after the date of 

15 the enactment of the National Defense Authorization Act 

16 for Fiscal Year 2008.’’. 

17 (3) EFFECTIVE DATES.— 

18 (A) SINGLE AWARD CONTRACTS.—The 

19 amendments made by paragraph (1) shall take 

20 effect on the date that is 120 days after the 

21 date of the enactment of this Act, and shall 

22 apply with respect to any contract awarded on 

23 or after such date. 

24 (B) ORDERS IN EXCESS OF $5,000,000.— 

25 The amendments made by paragraph (2) shall 


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1 take effect on the date that is 120 days after 

2 the date of the enactment of this Act, and shall 

3 apply with respect to any task or delivery order 

4 awarded on or after such date. 

5 SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP6 PROVAL DOCUMENTS FOR NONCOMPETITIVE 

7 CONTRACTS. 

8 (a) CIVILIAN AGENCY CONTRACTS.— 

9 (1) IN GENERAL.—Section 303 of the Federal 

10 Property and Administrative Services Act of 1949 

11 (41 U.S.C. 253) is amended by adding at the end 

12 the following new subsection: 

13 ‘‘(j)(1)(A) Except as provided in subparagraph (B), 

14 in the case of a procurement permitted by subsection (c), 

15 the head of an executive agency shall make publicly avail16 able, within 14 days after the award of the contract, the 

17 documents containing the justification and approval re18 quired by subsection (f)(1) with respect to the procure19 ment. 

20 ‘‘(B) In the case of a procurement permitted by sub21 section (c)(2), subparagraph (A) shall be applied by sub22 stituting ‘30 days’ for ‘14 days’. 

23 ‘‘(2) The documents shall be made available on the 

24 website of the agency and through a government-wide 


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1 website selected by the Administrator for Federal Procure2 ment Policy. 

3 ‘‘(3) This subsection does not require the public avail4 ability of information that is exempt from public disclosure 

5 under section 552(b) of title 5, United States Code.’’. 

6 (2) CONFORMING AMENDMENT.—Section 303(f) 

7 of such Act is amended— 

8 (A) by striking paragraph (4); and 

9 (B) by redesignating paragraph (5) as 

10 paragraph (4). 

11 (b) DEFENSE AGENCY CONTRACTS.— 

12 (1) IN GENERAL.—Section 2304 of title 10, 

13 United States Code, is amended by adding at the 

14 end the following new subsection: 

15 ‘‘(l)(1)(A) Except as provided in subparagraph (B), 

16 in the case of a procurement permitted by subsection (c), 

17 the head of an agency shall make publicly available, within 

18 14 days after the award of the contract, the documents 

19 containing the justification and approval required by sub20 section (f)(1) with respect to the procurement. 

21 ‘‘(B) In the case of a procurement permitted by sub22 section (c)(2), subparagraph (A) shall be applied by sub23 stituting ‘30 days’ for ‘14 days’. 

24 ‘‘(2) The documents shall be made available on the 

25 website of the agency and through a government-wide 


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1 website selected by the Administrator for Federal Procure2 ment Policy. 

3 ‘‘(3) This subsection does not require the public avail4 ability of information that is exempt from public disclosure 

5 under section 552(b) of title 5.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 2304(f) of such title is amended— 

8 (A) by striking paragraph (4); and 

9 (B) by redesignating paragraphs (5) and 

10 (6) as paragraphs (4) and (5), respectively. 

11 SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR 

12 AUDIT FINDINGS. 

13 (a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FIND14 INGS.— 

15 (1) IN GENERAL.—Each Inspector General ap16 pointed under the Inspector General Act of 1978 

17 shall submit, as part of the semiannual report sub18 mitted to Congress pursuant to section 5 of such 

19 Act, an annex on final, completed contract audit re20 ports issued to the contracting activity containing 

21 significant audit findings issued during the period 

22 covered by the semiannual report concerned. 

23 (2) ELEMENTS.—Such annex shall include— 

24 (A) a list of such contract audit reports; 


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1 (B) for each audit report, a brief descrip2 tion of the nature of the significant audit find3 ings in the report; and 

4 (C) for each audit report, the specific 

5 amounts of costs identified as unsupported, 

6 questioned, or disallowed. 

7 (3) INFORMATION EXEMPT FROM PUBLIC DIS8 CLOSURE.—(A) Nothing in this subsection shall be 

9 construed to require the release of information to 

10 the public that is exempt from public disclosure 

11 under section 552(b) of title 5, United States Code. 

12 (B) For each element required by paragraph 

13 (2), the Inspector General concerned shall note each 

14 instance where information has been redacted in ac15 cordance with the requirements of section 552(b) of 

16 title 5, United States Code, and submit an 

17 unredacted annex to the committees listed in sub18 section (d)(2) within 7 days after the issuance of the 

19 semiannual report. 

20 (b) DEFENSE CONTRACT AUDIT AGENCY IN21 CLUDED.—For purposes of subsection (a), audits of the 

22 Defense Contract Audit Agency shall be included in the 

23 annex provided by the Inspector General of the Depart24 ment of Defense if they include significant audit findings. 


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1 (c) EXCEPTION.—Subsection (a) shall not apply to 

2 an Inspector General if no audits described in such sub3 section were issued during the covered period. 

4 (d) SUBMISSION OF INDIVIDUAL AUDITS.— 

5 (1) REQUIREMENT.—The head of each Federal 

6 department or agency shall provide, within 14 days 

7 after a request in writing by the chairman or rank8 ing member of any committee listed in paragraph 

9 (2), a full and unredacted copy of any audit de10 scribed in subsection (a). Such copy shall include an 

11 identification of information in the audit exempt 

12 from public disclosure under section 552(b) of title 

13 5, United States Code. 

14 (2) COMMITTEES.—The committees listed in 

15 this paragraph are the following: 

16 (A) The Committee on Oversight and Gov17 ernment Reform of the House of Representa18 tives. 

19 (B) The Committee on Homeland Security 

20 and Governmental Affairs of the Senate. 

21 (C) The Committees on Appropriations of 

22 the House of Representatives and the Senate. 

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1 mittees on Armed Services of the Senate and 

2 House of Representatives. 

3 (E) The Committees of primary jurisdic4 tion over the agency or department to which the 

5 request is made. 

6 (e) CLASSIFIED INFORMATION.—Nothing in this sec7 tion shall be interpreted to require the handling of classi8 fied information or information relating to intelligence 

9 sources and methods in a manner inconsistent with any 

10 law, regulation, executive order, or rule of the House of 

11 Representatives or of the Senate relating to the handling 

12 or protection of such information. 

13 (f) DEFINITIONS.—In this section: 

14 (1) SIGNIFICANT AUDIT FINDINGS.—The term 

15 ‘‘significant audit findings’’ includes— 

16 (A) unsupported, questioned, or disallowed 

17 costs in an amount in excess of $10,000,000; or 

18 (B) other findings that the Inspector Gen19 eral of the agency or department concerned de20 termines to be significant. 

21 (2) CONTRACT.—The term ‘‘contract’’ includes 

22 a contract, an order placed under a task or delivery 

23 order contract, or a subcontract. 


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1 SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES 

2 FROM REPRISAL FOR DISCLOSURE OF CER3 TAIN INFORMATION. 

4 (a) INCREASED PROTECTION FROM REPRISAL.— 

5 Subsection (a) of section 2409 of title 10, United States 

6 Code, is amended— 

7 (1) by striking ‘‘disclosing to a Member of Con8 gress’’ and inserting ‘‘disclosing to a Member of 

9 Congress, a representative of a committee of Con10 gress, an Inspector General, the Government Ac11 countability Office, a Department of Defense em12 ployee responsible for contract oversight or manage13 ment,’’; and 

14 (2) by striking ‘‘information relating to a sub15 stantial violation of law related to a contract (includ16 ing the competition for or negotiation of a con17 tract)’’ and inserting ‘‘information that the employee 

18 reasonably believes is evidence of gross mismanage19 ment of a Department of Defense contract or grant, 

20 a gross waste of Department of Defense funds, a 

21 substantial and specific danger to public health or 

22 safety, or a violation of law related to a Department 

23 of Defense contract (including the competition for or 

24 negotiation of a contract) or grant’’. 


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1 (b) CLARIFICATION OF INSPECTOR GENERAL DE2 TERMINATION.—Subsection (b) of such section is amend3 ed— 

4 (1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION

5 OF COMPLAINTS.—’’; 

6 (2) by striking ‘‘an agency’’ and inserting ‘‘the 

7 Department of Defense, or the Inspector General of 

8 the National Aeronautics and Space Administration 

9 in the case of a complaint regarding the National 

10 Aeronautics and Space Administration’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2)(A) Except as provided under subparagraph (B), 

14 the Inspector General shall make a determination that a 

15 complaint is frivolous or submit a report under paragraph 

16 (1) within 180 days after receiving the complaint. 

17 ‘‘(B) If the Inspector General is unable to complete 

18 an investigation in time to submit a report within the 180- 

19 day period specified in subparagraph (A) and the person 

20 submitting the complaint agrees to an extension of time, 

21 the Inspector General shall submit a report under para22 graph (1) within such additional period of time as shall 

23 be agreed upon between the Inspector General and the 

24 person submitting the complaint.’’. 


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1 (c) ACCELERATION OF SCHEDULE FOR DENYING RE2 LIEF OR PROVIDING REMEDY.—Subsection (c) of such 

3 section is amended— 

4 (1) in paragraph (1), by striking ‘‘If the head 

5 of the agency determines that a contractor has sub6 jected a person to a reprisal prohibited by subsection 

7 (a), the head of the agency may’’ and inserting after 

8 ‘‘(1)’’ the following: ‘‘Not later than 30 days after 

9 receiving an Inspector General report pursuant to 

10 subsection (b), the head of the agency concerned 

11 shall determine whether there is sufficient basis to 

12 conclude that the contractor concerned has subjected 

13 the complainant to a reprisal prohibited by sub14 section (a) and shall either issue an order denying 

15 relief or shall’’; 

16 (2) by redesignating paragraphs (2) and (3) as 

17 paragraphs (4) and (5), respectively; and 

18 (3) by inserting after paragraph (1) the fol19 lowing new paragraphs: 

20 ‘‘(2) If the head of an executive agency issues an 

21 order denying relief under paragraph (1) or has not issued 

22 an order within 210 days after the submission of a com23 plaint under subsection (b), or in the case of an extension 

24 of time under paragraph (b)(2)(B), not later than 30 days 

25 after the expiration of the extension of time, and there 


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1 is no showing that such delay is due to the bad faith of 

2 the complainant, the complainant shall be deemed to have 

3 exhausted all administrative remedies with respect to the 

4 complaint, and the complainant may bring a de novo ac5 tion at law or equity against the contractor to seek com6 pensatory damages and other relief available under this 

7 section in the appropriate district court of the United 

8 States, which shall have jurisdiction over such an action 

9 without regard to the amount in controversy. Such an ac10 tion shall, at the request of either party to the action, be 

11 tried by the court with a jury. 

12 ‘‘(3) An Inspector General determination and an 

13 agency head order denying relief under paragraph (2) 

14 shall be admissible in evidence in any de novo action at 

15 law or equity brought pursuant to this subsection.’’. 

16 (d) DEFINITIONS.—Subsection (e) of such section is 

17 amended— 

18 (1) in paragraph (4), by inserting ‘‘or a grant’’ 

19 after ‘‘a contract’’; and 

20 (2) by inserting before the period at the end the 

21 following: ‘‘and any Inspector General that receives 

22 funding from, or has oversight over contracts award23 ed for or on behalf of, the Secretary of Defense’’. 


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1 SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF 

2 DEFENSE OFFICIALS SEEKING EMPLOYMENT 

3 WITH DEFENSE CONTRACTORS. 

4 (a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN

5 OPINION.— 

6 (1) REQUEST.—An official or former official of 

7 the Department of Defense described in subsection 

8 (c) who, within two years after leaving service in the 

9 Department of Defense, expects to receive com10 pensation from a Department of Defense contractor, 

11 shall, prior to accepting such compensation, request 

12 a written opinion regarding the applicability of post13 employment restrictions to activities that the official 

14 or former official may undertake on behalf of a con15 tractor. 

16 (2) SUBMISSION OF REQUEST.—A request for a 

17 written opinion under paragraph (1) shall be sub18 mitted in writing to an ethics official of the Depart19 ment of Defense having responsibility for the organi20 zation in which the official or former official serves 

21 or served and shall set forth all information relevant 

22 to the request, including information relating to gov23 ernment positions held and major duties in those po24 sitions, actions taken concerning future employment, 

25 positions sought, and future job descriptions, if ap26 plicable. 


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1 (3) WRITTEN OPINION.—Not later than 30 

2 days after receiving a request by an official or 

3 former official of the Department of Defense de4 scribed in subsection (c), the appropriate ethics 

5 counselor shall provide such official or former offi6 cial a written opinion regarding the applicability or 

7 inapplicability of post-employment restrictions to ac8 tivities that the official or former official may under9 take on behalf of a contractor. 

10 (4) CONTRACTOR REQUIREMENT.—A Depart11 ment of Defense contractor may not knowingly pro12 vide compensation to a former Department of De13 fense official described in subsection (c) within two 

14 years after such former official leaves service in the 

15 Department of Defense, without first determining 

16 that the former official has sought and received (or 

17 has not received after 30 days of seeking) a written 

18 opinion from the appropriate ethics counselor re19 garding the applicability of post-employment restric20 tions to the activities that the former official is ex21 pected to undertake on behalf of the contractor. 

22 (5) ADMINISTRATIVE ACTIONS.—In the event 

23 that an official or former official of the Department 

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1 ply with the requirements of this subsection, the 

2 Secretary of Defense may take any of the adminis3 trative actions set forth in section 27(e) of the Office 

4 of Federal Procurement Policy Act (41 U.S.C. 

5 423(e)) that the Secretary of Defense determines to 

6 be appropriate. 

7 (b) RECORDKEEPING REQUIREMENT.— 

8 (1) DATABASE.—Each request for a written 

9 opinion made pursuant to this section, and each 

10 written opinion provided pursuant to such a request, 

11 shall be retained by the Department of Defense in 

12 a central database or repository for not less than 

13 five years beginning on the date on which the writ14 ten opinion was provided. 

15 (2) INSPECTOR GENERAL REVIEW.—The In16 spector General of the Department of Defense shall 

17 conduct periodic reviews to ensure that written opin18 ions are being provided and retained in accordance 

19 with the requirements of this section. The first such 

20 review shall be conducted no later than two years 

21 after the date of the enactment of this Act. 

22 (c) COVERED DEPARTMENT OF DEFENSE OFFI23 CIALS.—An official or former official of the Department 

24 of Defense is covered by the requirements of this section 

25 if such official or former official— 


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1 (1) participated personally and substantially in 

2 an acquisition as defined in section 4(16) of the Of3 fice of Federal Procurement Policy Act with a value 

4 in excess of $10,000,000 and serves or served— 

5 (A) in an Executive Schedule position 

6 under subchapter II of chapter 53 of title 5, 

7 United States Code; 

8 (B) in a position in the Senior Executive 

9 Service under subchapter VIII of chapter 53 of 

10 title 5, United States Code; or 

11 (C) in a general or flag officer position 

12 compensated at a rate of pay for grade O–7 or 

13 above under section 201 of title 37, United 

14 States Code; or 

15 (2) serves or served as a program manager, 

16 deputy program manager, procuring contracting offi17 cer, administrative contracting officer, source selec18 tion authority, member of the source selection eval19 uation board, or chief of a financial or technical 

20 evaluation team for a contract in an amount in ex21 cess of $10,000,000. 

22 (d) DEFINITION.—In this section, the term ‘‘post-em23 ployment restrictions’’ includes— 

24 (1) section 27 of the Office of Federal Procure25 ment Policy Act (41 U.S.C. 423); 


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1 (2) section 207 of title 18, United States Code; 

2 and 

3 (3) any other statute or regulation restricting 

4 the employment or activities of individuals who leave 

5 government service in the Department of Defense. 

6 SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF 

7 MAJOR DEFENSE CONTRACTORS. 

8 (a) REPORT REQUIRED.—Not later than one year 

9 after the date of the enactment of this Act, the Comp10 troller General of the United States shall submit to the 

11 Committees on Armed Services of the Senate and the 

12 House of Representatives a report on the internal ethics 

13 programs of major defense contractors. 

14 (b) ELEMENTS.—The report required by subsection 

15 (a) shall address, at a minimum— 

16 (1) the extent to which major defense contrac17 tors have internal ethics programs in place; 

18 (2) the extent to which the ethics programs de19 scribed in paragraph (1) include— 

20 (A) the availability of internal mechanisms, 

21 such as hotlines, for contractor employees to re22 port conduct that may violate applicable re23 quirements of law or regulation; 

24 (B) notification to contractor employees of 

25 the availability of external mechanisms, such as 


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1 the hotline of the Inspector General of the De2 partment of Defense, for the reporting of con3 duct that may violate applicable requirements of 

4 law or regulation; 

5 (C) notification to contractor employees of 

6 their right to be free from reprisal for dis7 closing a substantial violation of law related to 

8 a contract, in accordance with section 2409 of 

9 title 10, United States Code; 

10 (D) ethics training programs for con11 tractor officers and employees; 

12 (E) internal audit or review programs to 

13 identify and address conduct that may violate 

14 applicable requirements of law or regulation; 

15 (F) self-reporting requirements, under 

16 which contractors report conduct that may vio17 late applicable requirements of law or regula18 tion to appropriate government officials; 

19 (G) disciplinary action for contractor em20 ployees whose conduct is determined to have 

21 violated applicable requirements of law or regu22 lation; and 

23 (H) appropriate management oversight to 

24 ensure the successful implementation of such 

25 ethics programs; 


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1 (3) the extent to which the Department of De2 fense monitors or approves the ethics programs of 

3 major defense contractors; and 

4 (4) the advantages and disadvantages of legisla5 tion requiring that defense contractors develop inter6 nal ethics programs and requiring that specific ele7 ments be included in such ethics programs. 

8 (c) ACCESS TO INFORMATION.—In accordance with 

9 the contract clause required pursuant to section 2313(c) 

10 of title 10, United States Code, each major defense con11 tractor shall provide the Comptroller General access to in12 formation requested by the Comptroller General that is 

13 within the scope of the report required by this section. 

14 (d) MAJOR DEFENSE CONTRACTOR DEFINED.—In 

15 this section, the term ‘‘major defense contractor’’ means 

16 any company that was awarded contracts by the Depart17 ment of Defense during fiscal year 2006 in amounts total18 ing more than $500,000,000. 

19 SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR 

20 PERSONNEL OUTSIDE THE ACQUISITION 

21 WORKFORCE AND EVALUATIONS OF ARMY 

22 COMMISSION RECOMMENDATIONS. 

23 (a) TRAINING REQUIREMENT.—Section 2333 of title 

24 10, United States Code is amended— 


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1 (1) by redesignating subsection (e) as sub2 section (f); and 

3 (2) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e) TRAINING FOR PERSONNEL OUTSIDE ACQUISI6 TION WORKFORCE.—(1) The joint policy for requirements 

7 definition, contingency program management, and contin8 gency contracting required by subsection (a) shall provide 

9 for training of military personnel outside the acquisition 

10 workforce (including operational field commanders and of11 ficers performing key staff functions for operational field 

12 commanders) who are expected to have acquisition respon13 sibility, including oversight duties associated with con14 tracts or contractors, during combat operations, post-con15 flict operations, and contingency operations. 

16 ‘‘(2) Training under paragraph (1) shall be sufficient 

17 to ensure that the military personnel referred to in that 

18 paragraph understand the scope and scale of contractor 

19 support they will experience in contingency operations and 

20 are prepared for their roles and responsibilities with re21 gard to requirements definition, program management (in22 cluding contractor oversight), and contingency con23 tracting. 

24 ‘‘(3) The joint policy shall also provide for the incor25 poration of contractors and contract operations in mission 


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1 readiness exercises for operations that will include con2 tracting and contractor support.’’. 

3 (b) ORGANIZATIONAL REQUIREMENTS.— 

4 (1) EVALUATION BY THE SECRETARY OF DE5 FENSE.—The Secretary of Defense, in consultation 

6 with the Chairman of the Joint Chiefs of Staff, shall 

7 evaluate the recommendations included in the report 

8 of the Commission on Army Acquisition and Pro9 gram Management in Expeditionary Operations and 

10 shall determine the extent to which such rec11 ommendations are applicable to the other Armed 

12 Forces. Not later than 120 days after the date of 

13 the enactment of this Act, the Secretary of Defense 

14 shall submit a report to the congressional defense 

15 committees with the conclusions of this evaluation 

16 and a description of the Secretary’s plans for imple17 menting the Commission’s recommendations for 

18 Armed Forces other than the Army. 

19 (2) EVALUATION BY THE SECRETARY OF THE

20 ARMY.—The Secretary of the Army, in consultation 

21 with the Chief of Staff of the Army, shall evaluate 

22 the recommendations included in the report of the 

23 Commission on Army Acquisition and Program 

24 Management in Expeditionary Operations. Not later 

25 than 120 days after the date of the enactment of 


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1 this Act, the Secretary of the Army shall submit to 

2 the congressional defense committees a report detail3 ing the Secretary’s plans for implementation of the 

4 recommendations of the Commission. The report 

5 shall include the following: 

6 (A) For each recommendation that has 

7 been implemented, or that the Secretary plans 

8 to implement— 

9 (i) a summary of all actions that have 

10 been taken to implement such rec11 ommendation; and 

12 (ii) a schedule, with specific mile13 stones, for completing the implementation 

14 of such recommendation. 

15 (B) For each recommendation that the 

16 Secretary has not implemented and does not 

17 plan to implement— 

18 (i) the reasons for the decision not to 

19 implement such recommendation; and 

20 (ii) a summary of any alternative ac21 tions the Secretary plans to take to ad22 dress the purposes underlying such rec23 ommendation. 


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1 (C) For each recommendation that would 

2 require legislation to implement, the Secretary’s 

3 recommendations regarding such legislation. 

4 (c) COMPTROLLER GENERAL REPORT.—Section 

5 854(c) of the John Warner National Defense Authoriza6 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

7 Stat. 2346) is amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(3) COMPTROLLER GENERAL REPORT.—Not 

10 later than 180 days after the date on which the Sec11 retary of Defense submits the final report required 

12 by paragraph (2), the Comptroller General of the 

13 United States shall— 

14 ‘‘(A) review the joint policies developed by 

15 the Secretary, including the implementation of 

16 such policies; and 

17 ‘‘(B) submit to the Committees on Armed 

18 Services of the Senate and the House of Rep19 resentatives a report on the extent to which 

20 such policies, and the implementation of such 

21 policies, comply with the requirements of sec22 tion 2333 of title 10, United States Code (as so 

23 amended).’’. 


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1 Subtitle E—Acquisition Workforce 

2 Provisions 

3 SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE AC4 QUISITION WORKFORCE IN STRATEGIC 

5 HUMAN CAPITAL PLAN. 

6 (a) IN GENERAL.—In the update of the strategic 

7 human capital plan for 2008, and in each subsequent up8 date, the Secretary of Defense shall include a separate sec9 tion focused on the defense acquisition workforce, includ10 ing both military and civilian personnel. 

11 (b) FUNDING.—The section shall contain— 

12 (1) an identification of the funding programmed 

13 for defense acquisition workforce improvements, in14 cluding a specific identification of funding provided 

15 in the Department of Defense Acquisition Workforce 

16 Fund established under section 1705 of title 10, 

17 United States Code (as added by section 852 of this 

18 Act); 

19 (2) an identification of the funding programmed 

20 for defense acquisition workforce training in the fu21 ture-years defense program, including a specific 

22 identification of funding provided by the acquisition 

23 workforce training fund established under section 

24 37(h)(3) of the Office of Federal Procurement Pol25 icy Act (41 U.S.C. 433(h)(3)); 


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1 (3) a description of how the funding identified 

2 pursuant to paragraphs (1) and (2) will be imple3 mented during the fiscal year concerned to address 

4 the areas of need identified in accordance with sub5 section (c); 

6 (4) a statement of whether the funding identi7 fied under paragraphs (1) and (2) is being fully 

8 used; and 

9 (5) a description of any continuing shortfall in 

10 funding available for the defense acquisition work11 force. 

12 (c) AREAS OF NEED.—The section also shall identify 

13 any areas of need in the defense acquisition workforce, in14 cluding— 

15 (1) gaps in the skills and competencies of the 

16 current or projected defense acquisition workforce; 

17 (2) changes to the types of skills needed in the 

18 current or projected defense acquisition workforce; 

19 (3) incentives to retain in the defense acquisi20 tion workforce qualified, experienced defense acquisi21 tion workforce personnel; and 

22 (4) incentives for attracting new, high-quality 

23 personnel to the defense acquisition workforce. 

24 (d) STRATEGIC HUMAN CAPITAL PLAN DEFINED.— 

25 In this section, the term ‘‘strategic human capital plan’’ 


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1 means the strategic human capital plan required under 

2 section 1122 of the National Defense Authorization Act 

3 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

4 3452; 10 U.S.C. prec. 1580 note). 

5 SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORK6 FORCE DEVELOPMENT FUND. 

7 (a) IN GENERAL.— 

8 (1) ESTABLISHMENT OF FUND.—Chapter 87 of 

9 title 10, United States Code, is amended by insert10 ing after section 1704 the following new section: 

11 ‘‘§ 1705. Department of Defense Acquisition Work12 force Development Fund 

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

14 shall establish a fund to be known as the ‘Department of 

15 Defense Acquisition Workforce Fund’ (in this section re16 ferred to as the ‘Fund’) to provide funds, in addition to 

17 other funds that may be available, for the recruitment, 

18 training, and retention of acquisition personnel of the De19 partment of Defense. 

20 ‘‘(b) PURPOSE.—The purpose of the Fund is to en21 sure that the Department of Defense acquisition work22 force has the capacity, in both personnel and skills, needed 

23 to properly perform its mission, provide appropriate over24 sight of contractor performance, and ensure that the DeVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 partment receives the best value for the expenditure of 

2 public resources. 

3 ‘‘(c) MANAGEMENT.—The Fund shall be managed by 

4 a senior official of the Department of Defense designated 

5 by the Under Secretary of Defense for Acquisition, Tech6 nology, and Logistics for that purpose, from among per7 sons with an extensive background in management relat8 ing to acquisition and personnel. 

9 ‘‘(d) ELEMENTS.— 

10 ‘‘(1) IN GENERAL.—The Fund shall consist of 

11 amounts as follows: 

12 ‘‘(A) Amounts credited to the Fund under 

13 paragraph (2). 

14 ‘‘(B) Any other amounts appropriated to, 

15 credited to, or deposited into the Fund by law. 

16 ‘‘(2) CREDITS TO THE FUND.—(A) There shall 

17 be credited to the Fund an amount equal to the ap18 plicable percentage for a fiscal year of all amounts 

19 expended by the Department of Defense in such fis20 cal year for contract services, other than services re21 lating to research and development and services re22 lating to military construction. 

23 ‘‘(B) Not later than 30 days after the end of 

24 the third fiscal year quarter of fiscal year 2008, and 

25 30 days after the end of each fiscal year quarter 


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1 thereafter, the head of each military department and 

2 Defense Agency shall remit to the Secretary of De3 fense an amount equal to the applicable percentage 

4 for such fiscal year of the amount expended by such 

5 military department or Defense Agency, as the case 

6 may be, during such fiscal year quarter for services 

7 covered by subparagraph (A). Any amount so remit8 ted shall be credited to the Fund under subpara9 graph (A). 

10 ‘‘(C) For purposes of this paragraph, the appli11 cable percentage for a fiscal year is a percentage as 

12 follows: 

13 ‘‘(i) For fiscal year 2008, 0.5 percent. 

14 ‘‘(ii) For fiscal year 2009, 1 percent. 

15 ‘‘(iii) For fiscal year 2010, 1.5 percent. 

16 ‘‘(iv) For any fiscal year after fiscal year 

17 2010, 2 percent. 

18 ‘‘(D) The Secretary of Defense may reduce a 

19 percentage established in subparagraph (C) for any 

20 fiscal year, if he determines that the application of 

21 such percentage would result in the crediting of an 

22 amount greater than is reasonably needed for the 

23 purpose of the Fund. In no event may the Secretary 

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1 centage that results in the deposit in a fiscal year 

2 of an amount equal to the following: 

3 ‘‘(i) For fiscal year 2008, $300,000,000. 

4 ‘‘(ii) For fiscal year 2009, $400,000,000. 

5 ‘‘(iii) For fiscal year 2010, $500,000,000. 

6 ‘‘(iv) For any fiscal year after fiscal year 

7 2010, $600,000,000. 

8 ‘‘(e) AVAILABILITY OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—Subject to the provisions of 

10 this subsection, amounts in the Fund shall be avail11 able to the Secretary of Defense for expenditure, or 

12 for transfer to a military department or Defense 

13 Agency, for the recruitment, training, and retention 

14 of acquisition personnel of the Department of De15 fense for the purpose of the Fund, including for the 

16 provision of training and retention incentives to the 

17 acquisition workforce of the Department. 

18 ‘‘(2) PROHIBITION.—Amounts in the Fund may 

19 not be obligated for any purpose other than pur20 poses described in paragraph (1) or otherwise in ac21 cordance with this subsection. 

22 ‘‘(3) GUIDANCE.—The Under Secretary of De23 fense for Acquisition, Technology, and Logistics, act24 ing through the senior official designated to manage 

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1 tion of the Fund. Such guidance shall include provi2 sions— 

3 ‘‘(A) identifying areas of need in the acqui4 sition workforce for which amounts in the Fund 

5 may be used, including— 

6 ‘‘(i) changes to the types of skills 

7 needed in the acquisition workforce; 

8 ‘‘(ii) incentives to retain in the acqui9 sition workforce qualified, experienced ac10 quisition workforce personnel; and 

11 ‘‘(iii) incentives for attracting new, 

12 high-quality personnel to the acquisition 

13 workforce; 

14 ‘‘(B) describing the manner and timing for 

15 applications for amounts in the Fund to be sub16 mitted; 

17 ‘‘(C) describing the evaluation criteria to 

18 be used for approving or prioritizing applica19 tions for amounts in the Fund in any fiscal 

20 year; and 

21 ‘‘(D) describing measurable objectives of 

22 performance for determining whether amounts 

23 in the Fund are being used in compliance with 

24 this section. 


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1 ‘‘(4) LIMITATION ON PAYMENTS TO OR FOR

2 CONTRACTORS.—Amounts in the Fund shall not be 

3 available for payments to contractors or contractor 

4 employees, other than for the purpose of providing 

5 advanced training to Department of Defense employ6 ees. 

7 ‘‘(5) PROHIBITION ON PAYMENT OF BASE SAL8 ARY OF CURRENT EMPLOYEES.—Amounts in the 

9 Fund may not be used to pay the base salary of any 

10 person who was an employee of the Department as 

11 of the date of the enactment of the National Defense 

12 Authorization Act for Fiscal Year 2008. 

13 ‘‘(6) DURATION OF AVAILABILITY.—Amounts 

14 credited to the Fund under subsection (d)(2) shall 

15 remain available for expenditure in the fiscal year 

16 for which credited and the two succeeding fiscal 

17 years. 

18 ‘‘(f) ANNUAL REPORT.—Not later than 60 days after 

19 the end of each fiscal year beginning with fiscal year 2008, 

20 the Secretary of Defense shall submit to the congressional 

21 defense committees a report on the operation of the Fund 

22 during such fiscal year. Each report shall include, for the 

23 fiscal year covered by such report, the following: 

24 ‘‘(1) A statement of the amounts remitted to 

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1 cal year by each military department and Defense 

2 Agency, and a statement of the amounts credited to 

3 the Fund for such fiscal year. 

4 ‘‘(2) A description of the expenditures made 

5 from the Fund (including expenditures following a 

6 transfer of amounts in the Fund to a military de7 partment or Defense Agency) in such fiscal year, in8 cluding the purpose of such expenditures. 

9 ‘‘(3) A description and assessment of improve10 ments in the Department of Defense acquisition 

11 workforce resulting from such expenditures. 

12 ‘‘(4) Recommendations for additional authori13 ties to fulfill the purpose of the Fund. 

14 ‘‘(5) A statement of the balance remaining in 

15 the Fund at the end of such fiscal year. 

16 ‘‘(g) ACQUISITION WORKFORCE DEFINED.—In this 

17 section, the term ‘acquisition workforce’ means personnel 

18 in positions designated under section 1721 of this title as 

19 acquisition positions for purposes of this chapter.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of subchapter I of such chap22 ter is amended by inserting after the item relating 

23 to section 1704 the following new item: 

‘‘1705. Department of Defense Acquisition Workforce Development Fund.’’. 


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1 (b) EFFECTIVE DATE.—Section 1705 of title 10, 

2 United States Code, as added by subsection (a), shall take 

3 effect on the date of the enactment of this Act. 

4 SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

5 CATEGORY POSITIONS FOR CERTAIN FED6 ERAL ACQUISITION POSITIONS. 

7 Section 1413(b) of the National Defense Authoriza8 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

9 Stat. 1665) is amended by striking ‘‘September 30, 2007’’ 

10 and inserting ‘‘September 30, 2012’’. 

11 SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORK12 FORCE TRAINING FUND. 

13 Section 37(h)(3) of the Office of Federal Procure14 ment Policy Act (41 U.S.C. 433(h)(3)) is amended by 

15 striking subparagraph (H). 

16 SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVE17 MENTS. 

18 (a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION

19 WORKFORCE PROGRAMS.—The Administrator for Federal 

20 Procurement Policy shall designate a member of the Sen21 ior Executive Service as the Associate Administrator for 

22 Acquisition Workforce Programs. The Associate Adminis23 trator for Acquisition Workforce Programs shall be lo24 cated in the Federal Acquisition Institute (or its sucVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 cessor). The Associate Administrator shall be responsible 

2 for— 

3 (1) supervising the acquisition workforce train4 ing fund established under section 37(h)(3) of the 

5 Office of Federal Procurement Policy Act (41 U. S. 

6 C. 433(h)(3)); 

7 (2) developing, in coordination with Chief Ac8 quisition Officers and Chief Human Capital Officers, 

9 a strategic human capital plan for the acquisition 

10 workforce of the Federal Government; 

11 (3) reviewing and providing input to individual 

12 agency acquisition workforce succession plans; 

13 (4) recommending to the Administrator and 

14 other senior government officials appropriate pro15 grams, policies, and practices to increase the quan16 tity and quality of the Federal acquisition workforce; 

17 and 

18 (5) carrying out such other functions as the Ad19 ministrator may assign. 

20 (b) ACQUISITION AND CONTRACTING TRAINING PRO21 GRAMS WITHIN EXECUTIVE AGENCIES.— 

22 (1) REQUIREMENT.—The head of each execu23 tive agency, after consultation with the Associate 

24 Administrator for Acquisition Workforce Programs, 


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1 shall establish and operate acquisition and con2 tracting training programs. Such programs shall— 

3 (A) have curricula covering a broad range 

4 of acquisition and contracting disciplines cor5 responding to the specific acquisition and con6 tracting needs of the agency involved; 

7 (B) be developed and applied according to 

8 rigorous standards; and 

9 (C) be designed to maximize efficiency, 

10 through the use of self-paced courses, online 

11 courses, on-the-job training, and the use of re12 mote instructors, wherever such features can be 

13 applied without reducing the effectiveness of the 

14 training or negatively affecting academic stand15 ards. 

16 (2) CHIEF ACQUISITION OFFICER AUTHORITIES

17 AND RESPONSIBILITIES.—Subject to the authority, 

18 direction, and control of the head of an executive 

19 agency, the Chief Acquisition Officer for such agen20 cy shall carry out all powers, functions, and duties 

21 of the head of the agency with respect to implemen22 tation of this subsection. The Chief Acquisition Offi23 cer shall ensure that the policies established by the 

24 head of the agency in accordance with this sub25 section are implemented throughout the agency. 


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1 (c) GOVERNMENT-WIDE POLICIES AND EVALUA2 TION.—The Administrator for Federal Procurement Pol3 icy shall issue policies to promote the development of per4 formance standards for training and uniform implementa5 tion of this section by executive agencies, with due regard 

6 for differences in program requirements among agencies 

7 that may be appropriate and warranted in view of the 

8 agency mission. The Administrator shall evaluate the im9 plementation of the provisions of subsection (b) by execu10 tive agencies. 

11 (d) ACQUISITION AND CONTRACTING TRAINING RE12 PORTING.—The Administrator for Federal Procurement 

13 Policy shall ensure that the heads of executive agencies 

14 collect and maintain standardized information on the ac15 quisition and contracting workforce related to the imple16 mentation of subsection (b). 

17 (e) ACQUISITION WORKFORCE HUMAN CAPITAL SUC18 CESSION PLAN.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of the enactment of this Act, each Chief Ac21 quisition Officer for an executive agency shall de22 velop, in consultation with the Chief Human Capital 

23 Officer for the agency and the Associate Adminis24 trator for Acquisition Workforce Programs, a suc25 cession plan consistent with the agency’s strategic 


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1 human capital plan for the recruitment, develop2 ment, and retention of the agency’s acquisition 

3 workforce, with a particular focus on warranted con4 tracting officers and program managers of the agen5 cy. 

6 (2) CONTENT OF PLAN.—The acquisition work7 force succession plan shall address— 

8 (A) recruitment goals for personnel from 

9 procurement intern programs; 

10 (B) the agency’s acquisition workforce 

11 training needs; 

12 (C) actions to retain high performing ac13 quisition professionals who possess critical rel14 evant skills; 

15 (D) recruitment goals for personnel from 

16 the Federal Career Intern Program; and 

17 (E) recruitment goals for personnel from 

18 the Presidential Management Fellows Program. 

19 (f) TRAINING IN THE ACQUISITION OF ARCHITECT

20 AND ENGINEERING SERVICES.—The Administrator for 

21 Federal Procurement Policy shall ensure that a sufficient 

22 number of Federal employees are trained in the acquisi23 tion of architect and engineering services. 

24 (g) UTILIZATION OF RECRUITMENT AND RETENTION

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1 ment Policy, in coordination with the Director of the Of2 fice of Personnel Management, shall encourage executive 

3 agencies to utilize existing authorities, including direct 

4 hire authority and tuition assistance programs, to recruit 

5 and retain acquisition personnel and consider recruiting 

6 acquisition personnel who may be retiring from the private 

7 sector, consistent with existing laws and regulations. 

8 (h) DEFINITIONS.—In this section: 

9 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

10 agency’’ has the meaning provided in section 4(1) of 

11 the Office of Federal Procurement Policy Act (41 

12 U.S.C. 403(1)). 

13 (2) CHIEF ACQUISITION OFFICER.—The term 

14 ‘‘Chief Acquisition Officer’’ means a Chief Acquisi15 tion Officer for an executive agency appointed pur16 suant to section 16 of the Office of Federal Procure17 ment Policy Act (41 U.S.C. 414). 

18 Subtitle F—Contracts in Iraq and 

19 Afghanistan 

20 SEC. 861. MEMORANDUM OF UNDERSTANDING ON MAT21 TERS RELATING TO CONTRACTING. 

22 (a) MEMORANDUM OF UNDERSTANDING RE23 QUIRED.—The Secretary of Defense, the Secretary of 

24 State, and the Administrator of the United States Agency 

25 for International Development shall, not later than July 


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1 1, 2008, enter into a memorandum of understanding re2 garding matters relating to contracting for contracts in 

3 Iraq or Afghanistan. 

4 (b) MATTERS COVERED.—The memorandum of un5 derstanding required by subsection (a) shall address, at 

6 a minimum, the following: 

7 (1) Identification of the major categories of 

8 contracts in Iraq or Afghanistan being awarded by 

9 the Department of Defense, the Department of 

10 State, or the United States Agency for International 

11 Development. 

12 (2) Identification of the roles and responsibil13 ities of each department or agency for matters relat14 ing to contracting for contracts in Iraq or Afghani15 stan. 

16 (3) Responsibility for establishing procedures 

17 for, and the coordination of, movement of contractor 

18 personnel in Iraq or Afghanistan. 

19 (4) Identification of common databases that will 

20 serve as repositories of information on contracts in 

21 Iraq or Afghanistan and contractor personnel in 

22 Iraq or Afghanistan, including agreement on the ele23 ments to be included in the databases, including, at 

24 a minimum— 

25 (A) with respect to each contract— 


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1 (i) a brief description of the contract 

2 (to the extent consistent with security con3 siderations); 

4 (ii) the total value of the contract; 

5 and 

6 (iii) whether the contract was awarded 

7 competitively; and 

8 (B) with respect to contractor personnel— 

9 (i) the total number of personnel em10 ployed on contracts in Iraq or Afghanistan; 

11 (ii) the total number of personnel per12 forming security functions under contracts 

13 in Iraq or Afghanistan; and 

14 (iii) the total number of personnel 

15 working under contracts in Iraq or Af16 ghanistan who have been killed or wound17 ed. 

18 (5) Responsibility for maintaining and updating 

19 information in the common databases identified 

20 under paragraph (4). 

21 (6) Responsibility for the collection and referral 

22 to the appropriate Government agency of any infor23 mation relating to offenses under chapter 47 of title 

24 10, United States Code (the Uniform Code of Mili25 tary Justice) or chapter 212 of title 18, United 


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1 States Code (commonly referred to as the Military 

2 Extraterritorial Jurisdiction Act), including a clari3 fication of responsibilities under section 802(a)(10) 

4 of title 10, United States Code (article 2(a) of the 

5 Uniform Code of Military Justice), as amended by 

6 section 552 of the John Warner National Defense 

7 Authorization Act for Fiscal Year 2007 (Public Law 

8 109–364). 

9 (c) IMPLEMENTATION OF MEMORANDUM OF UNDER10 STANDING.—Not later than 120 days after the memo11 randum of understanding required by subsection (a) is 

12 signed, the Secretary of Defense, the Secretary of State, 

13 and the Administrator of the United States Agency for 

14 International Development shall issue such policies or 

15 guidance and prescribe such regulations as are necessary 

16 to implement the memorandum of understanding for the 

17 relevant matters pertaining to their respective agencies. 

18 (d) COPIES PROVIDED TO CONGRESS.— 

19 (1) MEMORANDUM OF UNDERSTANDING.—Cop20 ies of the memorandum of understanding required 

21 by subsection (a) shall be provided to the relevant 

22 committees of Congress within 30 days after the 

23 memorandum is signed. 

24 (2) REPORT ON IMPLEMENTATION.—Not later 

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1 standing required by subsection (a) is signed, the 

2 Secretary of Defense, the Secretary of State, and 

3 the Administrator of the United States Agency for 

4 International Development shall each provide a re5 port to the relevant committees of Congress on the 

6 implementation of the memorandum of under7 standing. 

8 (3) DATABASES.—The Secretary of Defense, 

9 the Secretary of State, or the Administrator of the 

10 United States Agency for International Development 

11 shall provide access to the common databases identi12 fied under subsection (b)(4) to the relevant commit13 tees of Congress. 

14 (4) CONTRACTS.—Effective on the date of the 

15 enactment of this Act, copies of any contracts in 

16 Iraq or Afghanistan awarded after December 1, 

17 2007, shall be provided to any of the relevant com18 mittees of Congress within 15 days after the submis19 sion of a request for such contract or contracts from 

20 such committee to the department or agency man21 aging the contract. 


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1 SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY 

2 FUNCTIONS IN AREAS OF COMBAT OPER3 ATIONS. 

4 (a) REGULATIONS ON CONTRACTORS PERFORMING

5 PRIVATE SECURITY FUNCTIONS.— 

6 (1) IN GENERAL.—Not later than 120 days 

7 after the date of the enactment of this Act, the Sec8 retary of Defense, in coordination with the Secretary 

9 of State, shall prescribe regulations on the selection, 

10 training, equipping, and conduct of personnel per11 forming private security functions under a covered 

12 contract in an area of combat operations. 

13 (2) ELEMENTS.—The regulations prescribed 

14 under subsection (a) shall, at a minimum, estab15 lish— 

16 (A) a process for registering, processing, 

17 accounting for, and keeping appropriate records 

18 of personnel performing private security func19 tions in an area of combat operations; 

20 (B) a process for authorizing and account21 ing for weapons to be carried by, or available to 

22 be used by, personnel performing private secu23 rity functions in an area of combat operations; 

24 (C) a process for the registration and iden25 tification of armored vehicles, helicopters, and 

26 other military vehicles operated by contractors 


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1 performing private security functions in an area 

2 of combat operations; 

3 (D) a process under which contractors are 

4 required to report all incidents, and persons 

5 other than contractors are permitted to report 

6 incidents, in which— 

7 (i) a weapon is discharged by per8 sonnel performing private security func9 tions in an area of combat operations; 

10 (ii) personnel performing private secu11 rity functions in an area of combat oper12 ations are killed or injured; or 

13 (iii) persons are killed or injured, or 

14 property is destroyed, as a result of con15 duct by contractor personnel; 

16 (E) a process for the independent review 

17 and, if practicable, investigation of— 

18 (i) incidents reported pursuant to sub19 paragraph (D); and 

20 (ii) incidents of alleged misconduct by 

21 personnel performing private security func22 tions in an area of combat operations; 

23 (F) requirements for qualification, train24 ing, screening (including, if practicable, through 

25 background checks), and security for personnel 


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1 performing private security functions in an area 

2 of combat operations; 

3 (G) guidance to the commanders of the 

4 combatant commands on the issuance of— 

5 (i) orders, directives, and instructions 

6 to contractors performing private security 

7 functions relating to equipment, force pro8 tection, security, health, safety, or relations 

9 and interaction with locals; 

10 (ii) predeployment training require11 ments for personnel performing private se12 curity functions in an area of combat oper13 ations, addressing the requirements of this 

14 section, resources and assistance available 

15 to contractor personnel, country informa16 tion and cultural training, and guidance on 

17 working with host country nationals and 

18 military; and 

19 (iii) rules on the use of force for per20 sonnel performing private security func21 tions in an area of combat operations; 

22 (H) a process by which a commander of a 

23 combatant command may request an action de24 scribed in subsection (b)(3); and 


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1 (I) a process by which the training require2 ments referred to in subparagraph (G)(ii) shall 

3 be implemented. 

4 (3) AVAILABILITY OF ORDERS, DIRECTIVES, 

5 AND INSTRUCTIONS.—The regulations prescribed 

6 under subsection (a) shall include mechanisms to en7 sure the provision and availability of the orders, di8 rectives, and instructions referred to in paragraph 

9 (2)(G)(i) to contractors referred to in that para10 graph, including through the maintenance of a single 

11 location (including an Internet website, to the extent 

12 consistent with security considerations) at or 

13 through which such contractors may access such or14 ders, directives, and instructions. 

15 (b) CONTRACT CLAUSE ON CONTRACTORS PER16 FORMING PRIVATE SECURITY FUNCTIONS.— 

17 (1) REQUIREMENT UNDER FAR.—Not later 

18 than 180 days after the date of the enactment of 

19 this Act, the Federal Acquisition Regulation issued 

20 in accordance with section 25 of the Office of Fed21 eral Procurement Policy Act (41 U.S.C. 421) shall 

22 be revised to require the insertion into each covered 

23 contract (or, in the case of a task order, the contract 

24 under which the task order is issued) of a contract 

25 clause addressing the selection, training, equipping, 


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1 and conduct of personnel performing private security 

2 functions under such contract. 

3 (2) CLAUSE REQUIREMENT.—The contract 

4 clause required by paragraph (1) shall require, at a 

5 minimum, that the contractor concerned shall— 

6 (A) comply with regulations prescribed 

7 under subsection (a), including any revisions or 

8 updates to such regulations, and follow the pro9 cedures established in such regulations for— 

10 (i) registering, processing, accounting 

11 for, and keeping appropriate records of 

12 personnel performing private security func13 tions in an area of combat operations; 

14 (ii) authorizing and accounting of 

15 weapons to be carried by, or available to be 

16 used by, personnel performing private se17 curity functions in an area of combat oper18 ations; 

19 (iii) registration and identification of 

20 armored vehicles, helicopters, and other 

21 military vehicles operated by contractors 

22 and subcontractors performing private se23 curity functions in an area of combat oper24 ations; and 


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1 (iv) the reporting of incidents in 

2 which— 

3 (I) a weapon is discharged by 

4 personnel performing private security 

5 functions in an area of combat oper6 ations; 

7 (II) personnel performing private 

8 security functions in an area of com9 bat operations are killed or injured; or 

10 (III) persons are killed or in11 jured, or property is destroyed, as a 

12 result of conduct by contractor per13 sonnel; 

14 (B) ensure that all personnel performing 

15 private security functions under such contract 

16 are briefed on and understand their obligation 

17 to comply with— 

18 (i) qualification, training, screening 

19 (including, if practicable, through back20 ground checks), and security requirements 

21 established by the Secretary of Defense for 

22 personnel performing private security func23 tions in an area of combat operations; 

24 (ii) applicable laws and regulations of 

25 the United States and the host country, 


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1 and applicable treaties and international 

2 agreements, regarding the performance of 

3 the functions of the contractor; 

4 (iii) orders, directives, and instruc5 tions issued by the applicable commander 

6 of a combatant command relating to equip7 ment, force protection, security, health, 

8 safety, or relations and interaction with 

9 locals; and 

10 (iv) rules on the use of force issued by 

11 the applicable commander of a combatant 

12 command for personnel performing private 

13 security functions in an area of combat op14 erations; and 

15 (C) cooperate with any investigation con16 ducted by the Department of Defense pursuant 

17 to subsection (a)(2)(E) by providing access to 

18 employees of the contractor and relevant infor19 mation in the possession of the contractor re20 garding the incident concerned. 

21 (3) NONCOMPLIANCE OF PERSONNEL WITH

22 CLAUSE.—The contracting officer for a covered con23 tract may direct the contractor, at its own expense, 

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1 ations who violate or fail to comply with applicable 

2 requirements of the clause required by this sub3 section. If the violation or failure to comply is a 

4 gross violation or failure or is repeated, the contract 

5 may be terminated for default. 

6 (4) APPLICABILITY.—The contract clause re7 quired by this subsection shall be included in all cov8 ered contracts awarded on or after the date that is 

9 180 days after the date of the enactment of this Act. 

10 Federal agencies shall make best efforts to provide 

11 for the inclusion of the contract clause required by 

12 this subsection in covered contracts awarded before 

13 such date. 

14 (5) INSPECTOR GENERAL REPORT ON PILOT

15 PROGRAM ON IMPOSITION OF FINES FOR NON16 COMPLIANCE OF PERSONNEL WITH CLAUSE.—Not 

17 later than March 30, 2008, the Inspector General of 

18 the Department of Defense shall submit to Congress 

19 a report assessing the feasibility and advisability of 

20 carrying out a pilot program for the imposition of 

21 fines on contractors for personnel who violate or fail 

22 to comply with applicable requirements of the clause 

23 required by this section as a mechanism for enhanc24 ing the compliance of such personnel with the clause. 

25 The report shall include— 


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1 (A) an assessment of the feasibility and 

2 advisability of carrying out the pilot program; 

3 and 

4 (B) if the Inspector General determines 

5 that carrying out the pilot program is feasible 

6 and advisable— 

7 (i) recommendations on the range of 

8 contracts and subcontracts to which the 

9 pilot program should apply; and 

10 (ii) a schedule of fines to be imposed 

11 under the pilot program for various types 

12 of personnel actions or failures. 

13 (c) AREAS OF COMBAT OPERATIONS.— 

14 (1) DESIGNATION.—The Secretary of Defense 

15 shall designate the areas constituting an area of 

16 combat operations for purposes of this section by not 

17 later than 120 days after the date of the enactment 

18 of this Act. 

19 (2) PARTICULAR AREAS.—Iraq and Afghanistan 

20 shall be included in the areas designated as an area 

21 of combat operations under paragraph (1). 

22 (3) ADDITIONAL AREAS.—The Secretary may 

23 designate any additional area as an area constituting 

24 an area of combat operations for purposes of this 

25 section if the Secretary determines that the presence 


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1 or potential of combat operations in such area war2 rants designation of such area as an area of combat 

3 operations for purposes of this section. 

4 (4) MODIFICATION OR ELIMINATION OF DES5 IGNATION.—The Secretary may modify or cease the 

6 designation of an area under this subsection as an 

7 area of combat operations if the Secretary deter8 mines that combat operations are no longer ongoing 

9 in such area. 

10 (d) EXCEPTION.—The requirements of this section 

11 shall not apply to contracts entered into by elements of 

12 the intelligence community in support of intelligence ac13 tivities. 

14 SEC. 863. COMPTROLLER GENERAL REVIEWS AND RE15 PORTS ON CONTRACTING IN IRAQ AND AF16 GHANISTAN. 

17 (a) REVIEWS AND REPORTS REQUIRED.— 

18 (1) IN GENERAL.—Every 12 months, the 

19 Comptroller General shall review contracts in Iraq or 

20 Afghanistan and submit to the relevant committees 

21 of Congress a report on such review. 

22 (2) MATTERS COVERED.—A report under this 

23 subsection shall cover the following with respect to 

24 the contracts in Iraq or Afghanistan reviewed for the 

25 report: 


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1 (A) Total number of contracts and task or2 ders awarded during the period covered by the 

3 report. 

4 (B) Total number of active contracts and 

5 task orders. 

6 (C) Total value of all contracts and task 

7 orders awarded during the reporting period. 

8 (D) Total value of active contracts and 

9 task orders. 

10 (E) The extent to which such contracts 

11 have used competitive procedures. 

12 (F) Total number of contractor personnel 

13 working on contracts during the reporting pe14 riod. 

15 (G) Total number of contractor personnel, 

16 on average, who are performing security func17 tions during the reporting period. 

18 (H) The number of contractor personnel 

19 killed or wounded during the reporting period. 

20 (I) Information on any specific contract or 

21 class of contracts that the Comptroller General 

22 determines raises issues of significant concern. 

23 (3) SUBMISSION OF REPORTS.—The Comp24 troller General shall submit an initial report under 

25 this subsection not later than October 1, 2008, and 


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1 shall submit an updated report every year thereafter 

2 until October 1, 2010. 

3 (b) ACCESS TO DATABASES ON CONTRACTS.—The 

4 Secretary of Defense and the Secretary of State shall pro5 vide full access to the databases described in section 

6 861(b)(4) to the Comptroller General for purposes of the 

7 reviews carried out under this section. 

8 SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS. 

9 (a) DEFINITIONS.—In this subtitle: 

10 (1) MATTERS RELATING TO CONTRACTING.— 

11 The term ‘‘matters relating to contracting’’, with re12 spect to contracts in Iraq and Afghanistan, means 

13 all matters relating to awarding, funding, managing, 

14 tracking, monitoring, and providing oversight to con15 tracts and contractor personnel. 

16 (2) CONTRACT IN IRAQ OR AFGHANISTAN.—The 

17 term ‘‘contract in Iraq or Afghanistan’’ means a 

18 contract with the Department of Defense, the De19 partment of State, or the United States Agency for 

20 International Development, a subcontract at any tier 

21 issued under such a contract, or a task order or de22 livery order at any tier issued under such a contract 

23 (including a contract, subcontract, or task order or 

24 delivery order issued by another Government agency 

25 for the Department of Defense, the Department of 


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1 State, or the United States Agency for International 

2 Development), if the contract, subcontract, or task 

3 order or delivery order involves worked performed in 

4 Iraq or Afghanistan for a period longer than 14 

5 days. 

6 (3) COVERED CONTRACT.—The term ‘‘covered 

7 contract’’ means— 

8 (A) a contract of a Federal agency for the 

9 performance of services in an area of combat 

10 operations, as designated by the Secretary of 

11 Defense under subsection (c) of section 862; 

12 (B) a subcontract at any tier under such 

13 a contract; or 

14 (C) a task order or delivery order issued 

15 under such a contract or subcontract. 

16 (4) CONTRACTOR.—The term ‘‘contractor’’, 

17 with respect to a covered contract, means the con18 tractor or subcontractor carrying out the covered 

19 contract. 

20 (5) PRIVATE SECURITY FUNCTIONS.—The term 

21 ‘‘private security functions’’ means activities en22 gaged in by a contractor under a covered contract as 

23 follows: 


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1 (A) Guarding of personnel, facilities, or 

2 property of a Federal agency, the contractor or 

3 subcontractor, or a third party. 

4 (B) Any other activity for which personnel 

5 are required to carry weapons in the perform6 ance of their duties. 

7 (6) RELEVANT COMMITTEES OF CONGRESS.— 

8 The term ‘‘relevant committees of Congress’’ means 

9 each of the following committees: 

10 (A) The Committees on Armed Services of 

11 the Senate and the House of Representatives. 

12 (B) The Committee on Homeland Security 

13 and Governmental Affairs of the Senate and the 

14 Committee on Oversight and Government Re15 form of the House of Representatives. 

16 (C) The Committee on Foreign Relations 

17 of the Senate and the Committee on Foreign 

18 Affairs of the House of Representatives. 

19 (D) For purposes of contracts relating to 

20 the National Foreign Intelligence Program, the 

21 Select Committee on Intelligence of the Senate 

22 and the Permanent Select Committee on Intel23 ligence of the House of Representatives. 

24 (b) CLASSIFIED INFORMATION.—Nothing in this sub25 title shall be interpreted to require the handling of classiVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 fied information or information relating to intelligence 

2 sources and methods in a manner inconsistent with any 

3 law, regulation, executive order, or rule of the House of 

4 Representatives or of the Senate relating to the handling 

5 or protection of such information. 

6 Subtitle G—Defense Materiel 

7 Readiness Board 

8 SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READI9 NESS BOARD. 

10 (a) ESTABLISHMENT.—Not later than 6 months after 

11 the date of the enactment of this Act, the Secretary of 

12 Defense shall establish a Defense Materiel Readiness 

13 Board (in this subtitle referred to as the ‘‘Board’’) within 

14 the Office of the Secretary of Defense. 

15 (b) MEMBERSHIP.—The Secretary shall appoint the 

16 chairman and the members of the Board from among offi17 cers of the Armed Forces with expertise in matters rel18 evant to the function of the Board to assess materiel readi19 ness and evaluate plans and policies relating to materiel 

20 readiness. At a minimum, the Board shall include rep21 resentatives of the Joint Chiefs of Staff, each of the 

22 Armed Forces, and each of the reserve components of the 

23 Armed Forces. 

24 (c) STAFF.—The Secretary of Defense shall assign 

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1 ments to assign staff, as necessary to assist the Board 

2 in carrying out its duties. 

3 (d) FUNCTIONS.—The Board shall provide inde4 pendent assessments of materiel readiness, materiel readi5 ness shortfalls, and materiel readiness plans to the Sec6 retary of Defense and the Congress. To carry out such 

7 functions, the Board shall— 

8 (1) monitor and assess the materiel readiness of 

9 the Armed Forces; 

10 (2) assist the Secretary of Defense in the iden11 tification of deficiencies in the materiel readiness of 

12 the Armed Forces caused by shortfalls in weapons 

13 systems, equipment, and supplies; 

14 (3) identify shortfalls in materiel readiness, in15 cluding critical materiel readiness shortfalls, for pur16 poses of the Secretary’s designations under section 

17 872 and the funding needed to address such short18 falls; 

19 (4) assess the adequacy of current Department 

20 of Defense plans, policies, and programs to address 

21 shortfalls in materiel readiness, including critical 

22 materiel readiness shortfalls (as designated by the 

23 Secretary under section 872), and to sustain and im24 prove materiel readiness; 


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1 (5) assist the Secretary of Defense in deter2 mining whether the industrial capacity of the De3 partment of Defense and of the defense industrial 

4 base is being best utilized to support the materiel 

5 readiness needs of the Armed Forces; 

6 (6) review and assess Department of Defense 

7 systems for measuring the status of current materiel 

8 readiness of the Armed Forces; and 

9 (7) make recommendations with respect to ma10 teriel readiness funding, measurement techniques, 

11 plans, policies, and programs. 

12 (e) REPORTS.—The Board shall submit to the Sec13 retary of Defense a report summarizing its findings and 

14 recommendations not less than once every six months. 

15 Within 30 days after receiving a report from the Board, 

16 the Secretary shall forward the report in its entirety, to17 gether with his comments, to the congressional defense 

18 committees. The report shall be submitted in unclassified 

19 form. To the extent necessary, the report may be accom20 panied by a classified annex. 

21 SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS. 

22 (a) DESIGNATION OF CRITICAL MATERIEL READI23 NESS SHORTFALLS.— 

24 (1) DESIGNATION.—The Secretary of Defense 

25 may designate any requirement of the Armed Forces 


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1 for equipment or supplies as a critical materiel read2 iness shortfall if there is a shortfall in the required 

3 equipment or supplies that materially reduces readi4 ness of the Armed Forces and that— 

5 (A) cannot be adequately addressed by 

6 identifying acceptable substitute capabilities or 

7 cross leveling of equipment that does not unac8 ceptably reduce the readiness of other Armed 

9 Forces; and 

10 (B) that is likely to persist for more than 

11 two years based on currently projected budgets 

12 and schedules for deliveries of equipment and 

13 supplies. 

14 (2) CONSIDERATION OF BOARD FINDINGS AND

15 RECOMMENDATIONS.—In making any such designa16 tion, the Secretary shall take into consideration the 

17 findings and recommendations of the Defense Mate18 riel Readiness Board. 

19 (b) MEASURES TO ADDRESS CRITICAL MATERIEL

20 READINESS SHORTFALLS.—The Secretary of Defense 

21 shall ensure that critical materiel readiness shortfalls des22 ignated pursuant to subsection (a)(1) are transmitted to 

23 the relevant officials of the Department of Defense respon24 sible for requirements, budgets, and acquisition, and that 


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1 such officials prioritize and address such shortfalls in the 

2 shortest time frame practicable. 

3 (c) TRANSFER AUTHORITY.— 

4 (1) IN GENERAL.—The amounts of authoriza5 tions that the Secretary may transfer under the au6 thority of section 1001 of this Act is hereby in7 creased by $2,000,000,000. 

8 (2) LIMITATIONS.—The additional transfer au9 thority provided by this section— 

10 (A) may be made only from authorizations 

11 to the Department of Defense for fiscal year 

12 2008; 

13 (B) may be exercised solely for the purpose 

14 of addressing critical materiel readiness short15 falls as designated by the Secretary of Defense 

16 under subsection (a); and 

17 (C) is subject to the same terms, condi18 tions, and procedures as other transfer author19 ity under section 1001 of this Act. 

20 (d) STRATEGIC READINESS FUND.— 

21 (1) ESTABLISHMENT.—There is established on 

22 the books of the Treasury a fund to be known as the 

23 Department of Defense Strategic Readiness Fund 

24 (in this subsection referred to as the ‘‘Fund’’), which 


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1 shall be administered by the Secretary of the Treas2 ury. 

3 (2) PURPOSES.—The Fund shall be used to ad4 dress critical materiel readiness shortfalls as des5 ignated by the Secretary of Defense under sub6 section (a). 

7 (3) ASSETS OF FUND.—There shall be depos8 ited into the Fund any amount appropriated to the 

9 Fund, which shall constitute the assets of the Fund. 

10 (4) LIMITATION.—The procurement unit cost 

11 (as defined in section 2432(a) of title 10, United 

12 States Code) of any item purchased using assets of 

13 the Fund, whether such assets are in the Fund or 

14 after such assets have been transferred from the 

15 Fund using the authority provided in subsection (c), 

16 shall not exceed $30,000,000. 

17 (e) MULTIYEAR CONTRACT NOTIFICATION.— 

18 (1) NOTIFICATION.—If the Secretary of a mili19 tary department makes the determination described 

20 in paragraph (2) with respect to the use of a 

21 multiyear contract, the Secretary shall notify the 

22 congressional defense committees within 30 days of 

23 the determination and provide a detailed description 

24 of the proposed multiyear contract. 


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1 (2) DETERMINATION.—The determination re2 ferred to in paragraph (1) is a determination by the 

3 Secretary of a military department that the use of 

4 a multiyear contract to procure an item to address 

5 a critical materiel readiness shortfall— 

6 (A) will significantly accelerate efforts to 

7 address a critical materiel readiness shortfall; 

8 (B) will provide savings compared to the 

9 total anticipated costs of carrying out the con10 tract through annual contracts; and 

11 (C) will serve the interest of national secu12 rity. 

13 (f) DEFINITION.—In this section, the term ‘‘critical 

14 materiel readiness shortfall’’ means a critical materiel 

15 readiness shortfall designated by the Secretary of Defense 

16 under this section. 

17 Subtitle H—Other Matters 

18 SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION 

19 AND DISSEMINATION OF COMMERCIAL IN20 FORMATION TECHNOLOGIES. 

21 (a) REQUIREMENT TO ESTABLISH CLEARING22 HOUSE.—Not later than 180 days after the date of the 

23 enactment of this Act, the Secretary of Defense, acting 

24 through the Assistant Secretary of Defense for Networks 

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1 house for identifying, assessing, and disseminating knowl2 edge about readily available information technologies (with 

3 an emphasis on commercial off-the-shelf information tech4 nologies) that could support the warfighting mission of the 

5 Department of Defense. 

6 (b) RESPONSIBILITIES.—The clearinghouse estab7 lished pursuant to subsection (a) shall be responsible for 

8 the following: 

9 (1) Developing a process to rapidly assess and 

10 set priorities and needs for significant information 

11 technology needs of the Department of Defense that 

12 could be met by commercial technologies, including 

13 a process for— 

14 (A) aligning priorities and needs with the 

15 requirements of the commanders of the combat16 ant command; and 

17 (B) proposing recommendations to the 

18 commanders of the combatant command of fea19 sible technical solutions for further evaluation. 

20 (2) Identifying and assessing emerging commer21 cial technologies (including commercial off-the-shelf 

22 technologies) that could support the warfighting mis23 sion of the Department of Defense, including the 

24 priorities and needs identified pursuant to para25 graph (1). 


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1 (3) Disseminating information about commer2 cial technologies identified pursuant to paragraph 

3 (2) to commanders of combatant commands and 

4 other potential users of such technologies. 

5 (4) Identifying gaps in commercial technologies 

6 and working to stimulate investment in research and 

7 development in the public and private sectors to ad8 dress those gaps. 

9 (5) Enhancing internal data and communica10 tions systems of the Department of Defense for 

11 sharing and retaining information regarding com12 mercial technology priorities and needs, technologies 

13 available to meet such priorities and needs, and on14 going research and development directed toward 

15 gaps in such technologies. 

16 (6) Developing mechanisms, including web17 based mechanisms, to facilitate communications with 

18 industry regarding the priorities and needs of the 

19 Department of Defense identified pursuant to para20 graph (1) and commercial technologies available to 

21 address such priorities and needs. 

22 (7) Assisting in the development of guides to 

23 help small information technology companies with 

24 promising technologies to understand and navigate 


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1 the funding and acquisition processes of the Depart2 ment of Defense. 

3 (8) Developing methods to measure how well 

4 processes developed by the clearinghouse are being 

5 utilized and to collect data on an ongoing basis to 

6 assess the benefits of commercial technologies that 

7 are procured on the recommendation of the clearing8 house. 

9 (c) PERSONNEL.—The Secretary of Defense, acting 

10 through the Assistant Secretary of Defense for Networks 

11 and Information Integration, shall provide for the hiring 

12 and support of employees (including detailees from other 

13 components of the Department of Defense and from other 

14 Federal departments or agencies) to assist in identifying, 

15 assessing, and disseminating information regarding com16 mercial technologies under this section. 

17 (d) REPORT TO CONGRESS.—Not later than one year 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense shall submit to the congressional defense com20 mittees a report on the implementation of this section. 


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1 SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DES2 IGNATIONS AND LIKENESSES OF WEAPONS 

3 SYSTEMS TO TOY AND HOBBY MANUFACTUR4 ERS. 

5 (a) AUTHORITY TO LICENSE CERTAIN ITEMS.—Sec6 tion 2260 of title 10, United States Code, is amended— 

7 (1) by redesignating subsections (c), (d), and 

8 (e) as subsections (d), (e), and (f), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing new subsection: 

11 ‘‘(c) LICENSES FOR QUALIFYING COMPANIES.—(1) 

12 The Secretary concerned may license trademarks, service 

13 marks, certification marks, and collective marks owned or 

14 controlled by the Secretary relating to military designa15 tions and likenesses of military weapons systems to any 

16 qualifying company upon receipt of a request from the 

17 company. 

18 ‘‘(2) For purposes of paragraph (1), a qualifying 

19 company is any United States company that— 

20 ‘‘(A) is a toy or hobby manufacturer; and 

21 ‘‘(B) is determined by the Secretary concerned 

22 to be qualified in accordance with such criteria as 

23 determined appropriate by the Secretary of Defense. 

24 ‘‘(3) The fee for a license under this subsection shall 

25 not exceed by more than a nominal amount the amount 

26 needed to recover all costs of the Department of Defense 


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1 in processing the request for the license and supplying the 

2 license. 

3 ‘‘(4) A license to a qualifying company under this 

4 subsection shall provide that the license may not be trans5 ferred, sold, or relicensed by the qualifying company. 

6 ‘‘(5) A license under this subsection shall not be an 

7 exclusive license.’’. 

8 (b) EFFECTIVE DATE.—The Secretary of Defense 

9 shall prescribe regulations to implement the amendment 

10 made by this section not later than 180 days after the 

11 date of the enactment of this Act. 

12 SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS 

13 TO ACQUIRE MILITARY FLIGHT SIMULATOR. 

14 (a) EFFECT ON EXISTING CONTRACTS.—Section 832 

15 of the John Warner National Defense Authorization Act 

16 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

17 2331) is amended by adding at the end the following new 

18 subsection: 

19 ‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limi20 tation in subsection (a) does not apply to any service con21 tract of a military department to acquire a military flight 

22 simulator, or to any renewal or extension of, or follow23 on contract to, such a contract, if— 

24 ‘‘(1) the contract was in effect as of October 

25 17, 2006; 


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1 ‘‘(2) the number of flight simulators to be ac2 quired under the contract (or renewal, extension, or 

3 follow-on) will not result in the total number of 

4 flight simulators acquired by the military depart5 ment concerned through service contracts to exceed 

6 the total number of flight simulators to be acquired 

7 under all service contracts of such department for 

8 such simulators in effect as of October 17, 2006; 

9 and 

10 ‘‘(3) in the case of a renewal or extension of, 

11 or follow-on contract to, the contract, the Secretary 

12 of the military department concerned provides to the 

13 congressional defense committees a written notice of 

14 the decision to exercise an option to renew or extend 

15 the contract, or to issue a solicitation for bids or 

16 proposals using competitive procedures for a follow17 on contract, and an economic analysis as described 

18 in subsection (c) supporting the decision, at least 30 

19 days before carrying out such decision.’’. 

20 (b) CHANGE IN GROUNDS FOR WAIVER.—Section 

21 832(c)(1) of such Act, as redesignated by subsection (a), 

22 is amend by striking ‘‘necessary for national security pur23 poses’’ and inserting ‘‘in the national interest’’. 


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1 SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CER2 TAIN DOMESTIC SOURCE LIMITATIONS RE3 LATING TO SPECIALTY METALS. 

4 (a) NOTICE REQUIREMENT.—At least 30 days prior 

5 to making a domestic nonavailability determination pursu6 ant to section 2533b(b) of title 10, United States Code, 

7 that would apply to more than one contract of the Depart8 ment of Defense, the Secretary of Defense shall, to the 

9 maximum extent practicable and in a manner consistent 

10 with the protection of national security information and 

11 confidential business information— 

12 (1) publish a notice on the website maintained 

13 by the General Services Administration known as 

14 FedBizOpps.gov (or any successor site) of the Sec15 retary’s intent to make the domestic nonavailability 

16 determination; and 

17 (2) solicit information relevant to such notice 

18 from interested parties, including producers of spe19 cialty metal mill products. 

20 (b) DETERMINATION.—(1) The Secretary shall take 

21 into consideration all information submitted pursuant to 

22 subsection (a) in making a domestic nonavailability deter23 mination pursuant to section 2533b(b) of title 10, United 

24 States Code, that would apply to more than one contract 

25 of the Department of Defense, and may also consider 

26 other relevant information that cannot be made part of 


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1 the public record consistent with the protection of national 

2 security information and confidential business informa3 tion. 

4 (2) The Secretary shall ensure that any such deter5 mination and the rationale for such determination is made 

6 publicly available to the maximum extent consistent with 

7 the protection of national security information and con8 fidential business information. 

9 SEC. 885. TELEPHONE SERVICES FOR MILITARY PER10 SONNEL SERVING IN COMBAT ZONES. 

11 (a) COMPETITIVE PROCEDURES REQUIRED.— 

12 (1) REQUIREMENT.—When the Secretary of 

13 Defense considers it necessary to provide morale, 

14 welfare, and recreation telephone services for mili15 tary personnel serving in combat zones, the Sec16 retary shall use competitive procedures when enter17 ing into a contract to provide those services. 

18 (2) REVIEW AND DETERMINATION.—Before so19 liciting bids or proposals for new contracts, or con20 sidering extensions to existing contracts, to provide 

21 morale, welfare, and recreation telephone services for 

22 military personnel serving in combat zones, the Sec23 retary shall review and determine whether it is in 

24 the best interest of the Department to require bids 

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1 tending a contract, to include options that minimize 

2 the cost of the telephone services to individual users 

3 while providing individual users the flexibility of 

4 using phone cards from other than the prospective 

5 contractor. The Secretary shall submit the results of 

6 this review and determination to the Committees on 

7 Armed Services of the Senate and the House of Rep8 resentatives. 

9 (b) EFFECTIVE DATE.— 

10 (1) REQUIREMENT.—Subsection (a)(1) shall 

11 apply to any new contract to provide morale, wel12 fare, and recreation telephone services for military 

13 personnel serving in combat zones that is entered 

14 into after the date of the enactment of this Act. 

15 (2) REVIEW AND DETERMINATION.—Subsection 

16 (a)(2) shall apply to any new contract or extension 

17 to an existing contract to provide morale, welfare, 

18 and recreation telephone services for military per19 sonnel serving in combat zones that is entered into 

20 or agreed upon after the date of the enactment of 

21 this Act. 


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1 SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

2 AND SERVICES PRODUCED IN IRAQ AND AF3 GHANISTAN. 

4 (a) IN GENERAL.—In the case of a product or service 

5 to be acquired in support of military operations or stability 

6 operations in Iraq or Afghanistan (including security, 

7 transition, reconstruction, and humanitarian relief activi8 ties) for which the Secretary of Defense makes a deter9 mination described in subsection (b), the Secretary may 

10 conduct a procurement in which— 

11 (1) competition is limited to products or serv12 ices that are from Iraq or Afghanistan; 

13 (2) procedures other than competitive proce14 dures are used to award a contract to a particular 

15 source or sources from Iraq or Afghanistan; or 

16 (3) a preference is provided for products or 

17 services that are from Iraq or Afghanistan. 

18 (b) DETERMINATION.—A determination described in 

19 this subsection is a determination by the Secretary that— 

20 (1) the product or service concerned is to be 

21 used only by the military forces, police, or other se22 curity personnel of Iraq or Afghanistan; or 

23 (2) it is in the national security interest of the 

24 United States to limit competition, use procedures 

25 other than competitive procedures, or provide a pref26 erence as described in subsection (a) because— 


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1 (A) such limitation, procedure, or pref2 erence is necessary to provide a stable source of 

3 jobs in Iraq or Afghanistan; and 

4 (B) such limitation, procedure, or pref5 erence will not adversely affect— 

6 (i) military operations or stability op7 erations in Iraq or Afghanistan; or 

8 (ii) the United States industrial base. 

9 (c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ

10 OR AFGHANISTAN.—For the purposes of this section: 

11 (1) A product is from Iraq or Afghanistan if it 

12 is mined, produced, or manufactured in Iraq or Af13 ghanistan. 

14 (2) A service is from Iraq or Afghanistan if it 

15 is performed in Iraq or Afghanistan by citizens or 

16 permanent resident aliens of Iraq or Afghanistan. 

17 (3) A source is from Iraq or Afghanistan if it— 

18 (A) is located in Iraq or Afghanistan; and 

19 (B) offers products or services that are 

20 from Iraq or Afghanistan. 


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1 SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPART2 MENT OF DEFENSE POLICIES AND PROCE3 DURES FOR THE ACQUISITION OF INFORMA4 TION TECHNOLOGY. 

5 (a) REVIEW REQUIRED.—Not later than 90 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall direct the Defense Science Board to carry 

8 out a review of Department of Defense policies and proce9 dures for the acquisition of information technology. 

10 (b) MATTERS TO BE ADDRESSED.—The matters ad11 dressed by the review required by subsection (a) shall in12 clude the following: 

13 (1) Department of Defense policies and proce14 dures for acquiring national security systems, busi15 ness information systems, and other information 

16 technology. 

17 (2) The roles and responsibilities in imple18 menting such policies and procedures of— 

19 (A) the Under Secretary of Defense for 

20 Acquisition, Technology, and Logistics; 

21 (B) the Chief Information Officer of the 

22 Department of Defense; 

23 (C) the Director of the Business Trans24 formation Agency; 

25 (D) the service acquisition executives; 


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1 (E) the chief information officers of the 

2 military departments; 

3 (F) Defense Agency acquisition officials; 

4 (G) the information officers of the Defense 

5 Agencies; and 

6 (H) the Director of Operational Test and 

7 Evaluation and the heads of the operational 

8 test organizations of the military departments 

9 and the Defense Agencies. 

10 (3) The application of such policies and proce11 dures to information technologies that are an inte12 gral part of weapons or weapon systems. 

13 (4) The requirements of subtitle III of title 40, 

14 United States Code, and chapter 35 of title 44, 

15 United States Code, regarding performance-based 

16 and results-based management, capital planning, 

17 and investment control in the acquisition of informa18 tion technology. 

19 (5) Department of Defense policies and proce20 dures for maximizing the usage of commercial infor21 mation technology while ensuring the security of the 

22 microelectronics, software, and networks of the De23 partment. 

24 (6) The suitability of Department of Defense 

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1 fense Directive 5000.1 and the accompanying mile2 stones, to the acquisition of information technology 

3 systems. 

4 (7) The adequacy and transparency of metrics 

5 used by the Department of Defense for the acquisi6 tion of information technology systems. 

7 (8) The effectiveness of existing statutory and 

8 regulatory reporting requirements for the acquisition 

9 of information technology systems. 

10 (9) The adequacy of operational and develop11 ment test resources (including infrastructure and 

12 personnel), policies, and procedures to ensure appro13 priate testing of information technology systems 

14 both during development and before operational use. 

15 (10) The appropriate policies and procedures 

16 for technology assessment, development, and oper17 ational testing for purposes of the adoption of com18 mercial technologies into information technology sys19 tems. 

20 (c) REPORT REQUIRED.—Not later than one year 

21 after the date of enactment of this Act, the Secretary shall 

22 submit to the congressional defense committees a report 

23 on the results of the review required by subsection (a). 

24 The report shall include the findings and recommenda25 tions of the Defense Science Board pursuant to the review, 


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1 including such recommendations for legislative or adminis2 trative action as the Board considers appropriate, together 

3 with any comments the Secretary considers appropriate. 

4 SEC. 888. GREEN PROCUREMENT POLICY. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Department of Defense should establish a 

7 system to document and track the use of environmentally 

8 preferable products and services. 

9 (b) REPORT.—Not later than 90 days after the date 

10 of the enactment of this Act, the Secretary of Defense 

11 shall submit to Congress a report on a plan to increase 

12 the usage of environmentally friendly products that mini13 mize potential impacts to human health and the environ14 ment at all Department of Defense facilities inside and 

15 outside the United States, including through the direct 

16 purchase of products and the purchase of products by fa17 cility maintenance contractors. The report shall also cover 

18 consideration of the budgetary impact of implementation 

19 of the plan. 

20 SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AU21 THORITY UNDER THE DEFENSE PRODUCTION 

22 ACT OF 1950. 

23 (a) THOROUGH REVIEW REQUIRED.—The Comp24 troller General of the United States (in this section re25 ferred to as the ‘‘Comptroller’’) shall conduct a thorough 


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1 review of the application of the Defense Production Act 

2 of 1950, covering the period beginning on the date of the 

3 enactment of the Defense Production Act Reauthorization 

4 of 2003 (Public Law 108–195) and ending on the date 

5 of the enactment of this Act. 

6 (b) CONSIDERATIONS.—In conducting the review re7 quired by this section, the Comptroller shall examine— 

8 (1) the relevance and utility of the authorities 

9 provided under the Defense Production Act of 1950 

10 to meet the security challenges of the 21st Century; 

11 (2) the manner in which the authorities pro12 vided under such Act have been used by the Federal 

13 Government— 

14 (A) to meet security challenges; 

15 (B) to meet current and future defense re16 quirements; 

17 (C) to meet current and future energy re18 quirements; 

19 (D) to meet current and future domestic 

20 emergency and disaster response and recovery 

21 requirements; 

22 (E) to reduce the interruption of critical 

23 infrastructure operations during a terrorist at24 tack, natural catastrophe, or other similar na25 tional emergency; and 


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1 (F) to safeguard critical components of the 

2 United States industrial base, including Amer3 ican aerospace and shipbuilding industries; 

4 (3) the economic impact of foreign offset con5 tracts; 

6 (4) the relative merit of developing rapid and 

7 standardized systems for use of the authorities pro8 vided under the Defense Production Act of 1950, by 

9 any Federal agency; and 

10 (5) such other issues as the Comptroller deter11 mines relevant. 

12 (c) REPORT TO CONGRESS.—Not later than 150 days 

13 after the date of the enactment of this Act, the Comp14 troller shall submit to the Committees on Armed Services 

15 and on Banking, Housing, and Urban Affairs of the Sen16 ate and the Committees on Armed Services and on Finan17 cial Services of the House of Representatives a report on 

18 the review conducted under this section. 

19 (d) RULES OF CONSTRUCTION ON PROTECTION OF

20 INFORMATION.—Notwithstanding any other provision of 

21 law— 

22 (1) the provisions of section 705(d) of the De23 fense Production Act of 1950 (50 U.S.C. App. 

24 2155(d)) shall not apply to information sought or 


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1 obtained by the Comptroller for purposes of the re2 view required by this section; and 

3 (2) provisions of law pertaining to the protec4 tion of classified information or proprietary informa5 tion otherwise applicable to information sought or 

6 obtained by the Comptroller in carrying out this sec7 tion shall not be affected by any provision of this 

8 section. 

9 SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS. 

10 (a) PREVENTION OF EXPORT CONTROL VIOLA11 TIONS.—Not later than 180 days after the date of the en12 actment of this Act, the Secretary of Defense shall pre13 scribe regulations requiring any contractor under a con14 tract with the Department of Defense to provide goods 

15 or technology that is subject to export controls under the 

16 Arms Export Control Act or the Export Administration 

17 of 1979 (as continued in effect under the International 

18 Emergency Economic Powers Act) to comply with those 

19 Acts and applicable regulations with respect to such goods 

20 and technology, including the International Traffic in 

21 Arms Regulations and the Export Administration Regula22 tions. Regulations prescribed under this subsection shall 

23 include a contract clause enforcing such requirement. 

24 (b) TRAINING ON EXPORT CONTROLS.—The Sec25 retary of Defense shall ensure that any contractor under 


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1 a contract with the Department of Defense to provide 

2 goods or technology that is subject to export controls 

3 under the Arms Export Control Act or the Export Admin4 istration of 1979 (as continued in effect under the Inter5 national Emergency Economic Powers Act) is made aware 

6 of any relevant resources made available by the Depart7 ment of State and the Department of Commerce to assist 

8 in compliance with the requirement established by sub9 section (a) and the need for a corporate compliance plan 

10 and periodic internal audits of corporate performance 

11 under such plan. 

12 (c) REPORT.—Not later than 180 days after the date 

13 of the enactment of this Act, the Secretary of Defense 

14 shall submit to the Committee on Armed Services of the 

15 Senate and the Committee on Armed Services of the 

16 House of Representatives a report assessing the utility 

17 of— 

18 (1) requiring defense contractors (or sub19 contractors at any tier) to periodically report on 

20 measures taken to ensure compliance with the Inter21 national Traffic in Arms Regulations and the Export 

22 Administration Regulations; 

23 (2) requiring periodic audits of defense contrac24 tors (or subcontractors at any tier) to ensure compli25 ance with all provisions of the International Traffic 


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1 in Arms Regulations and the Export Administration 

2 Regulations; 

3 (3) requiring defense contractors to maintain a 

4 corporate training plan to disseminate information 

5 to appropriate contractor personnel regarding the 

6 applicability of the Arms Export Control Act and the 

7 Export Administration Act of 1979; and 

8 (4) requiring a designated corporate liaison, 

9 available for training provided by the United States 

10 Government, whose primary responsibility would be 

11 contractor compliance with the Arms Export Control 

12 Act and the Export Administration Act of 1979. 

13 (d) DEFINITIONS.—In this section: 

14 (1) EXPORT ADMINISTRATION REGULATIONS.— 

15 The term ‘‘Export Administration Regulations’’ 

16 means those regulations contained in sections 730 

17 through 774 of title 15, Code of Federal Regulations 

18 (or successor regulations). 

19 (2) INTERNATIONAL TRAFFIC IN ARMS REGULA20 TIONS.—The term ‘‘International Traffic in Arms 

21 Regulations’’ means those regulations contained in 

22 sections 120 through 130 of title 22, Code of Fed23 eral Regulations (or successor regulations). 


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1 SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN2 SERVING INSTITUTIONS AND ALASKA NA3 TIVE-SERVING INSTITUTIONS. 

4 Section 2323 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1)— 

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (C); 

9 (B) by striking the period at the end of 

10 subparagraph (D) and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(E) Native Hawaiian-serving institutions 

14 and Alaska Native-serving institutions (as de15 fined in section 317 of the Higher Education 

16 Act of 1965).’’; 

17 (2) in subsection (a)(2), by inserting after 

18 ‘‘Hispanic-serving institutions,’’ the following: ‘‘Na19 tive Hawaiian-serving institutions and Alaska Na20 tive-serving institutions,’’; 

21 (3) in subsection (c)(1), by inserting after ‘‘His22 panic-serving institutions,’’ the following: ‘‘Native 

23 Hawaiian-serving institutions and Alaska Native24 serving institutions,’’; and 

25 (4) in subsection (c)(3), by inserting after ‘‘His26 panic-serving institutions,’’ the following: ‘‘to Native 


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1 Hawaiian-serving institutions and Alaska Native2 serving institutions,’’. 

3 SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL 

4 ARMS SUPPLIED TO IRAQ AND AFGHANISTAN. 

5 (a) COMPETITION REQUIREMENT.—For the procure6 ment of pistols and other weapons described in subsection 

7 (b), the Secretary of Defense shall ensure, consistent with 

8 the provisions of section 2304 of title 10, United States 

9 Code, that— 

10 (1) full and open competition is obtained to the 

11 maximum extent practicable; 

12 (2) no responsible United States manufacturer 

13 is excluded from competing for such procurements; 

14 and 

15 (3) products manufactured in the United States 

16 are not excluded from the competition. 

17 (b) PROCUREMENTS COVERED.—This section applies 

18 to the procurement of the following: 

19 (1) Pistols and other weapons less than 0.50 

20 caliber for assistance to the Army of Iraq, the Iraqi 

21 Police Forces, and other Iraqi security organiza22 tions. 

23 (2) Pistols and other weapons less than 0.50 

24 caliber for assistance to the Army of Afghanistan, 


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1 the Afghani Police Forces, and other Afghani secu2 rity organizations. 

3 TITLE IX—DEPARTMENT OF DE4 FENSE ORGANIZATION AND 

5 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 


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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. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT 

4 OF DEFENSE HEADQUARTERS ACTIVITIES 

5 PERSONNEL AND RELATED REPORT. 

6 (a) REPEAL OF LIMITATION.— 

7 (1) REPEAL.—Section 130a of title 10, United 

8 States Code, is repealed. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 3 of such title is 

11 amended by striking the item relating to section 

12 130a. 

13 (b) REPORT REQUIRED.—The Secretary of Defense 

14 shall include a report with the defense budget materials 


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1 for each fiscal year that includes the following informa2 tion: 

3 (1) The average number of military personnel 

4 and civilian employees of the Department of Defense 

5 assigned to major Department of Defense head6 quarters activities for each component of the De7 partment of Defense during the preceding fiscal 

8 year. 

9 (2) The total increase in personnel assigned to 

10 major headquarters activities, if any, during the pre11 ceding fiscal year— 

12 (A) attributable to the replacement of con13 tract personnel with military personnel or civil14 ian employees of the Department of Defense, 

15 including the number of positions associated 

16 with the replacement of contract personnel per17 forming inherently governmental functions; and 

18 (B) attributable to reasons other than the 

19 replacement of contract personnel with military 

20 personnel or civilian employees of the Depart21 ment, such as workload or operational demand 

22 increases. 

23 (3) An estimate of the cost savings, if any, as24 sociated with the elimination of contracts for the 

25 performance of major headquarters activities. 


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1 (4) The number of military personnel and civil2 ian employees of the Department of Defense as3 signed to major headquarters activities for each 

4 component of the Department of Defense as of Octo5 ber 1 of the preceding fiscal year. 

6 (c) DEFINITIONS.—In this section: 

7 (1) DEFENSE BUDGET MATERIALS.—The term 

8 ‘‘defense budget materials’’, with respect to a fiscal 

9 year, means the materials submitted to Congress by 

10 the Secretary of Defense in support of the budget 

11 for that fiscal year that is submitted to Congress by 

12 the President under section 1105 of title 31, United 

13 States Code. 

14 (2) CONTRACT PERSONNEL.—The term ‘‘con15 tract personnel’’ means persons hired under a con16 tract with the Department of Defense for the per17 formance of major Department of Defense head18 quarters activities. 

19 SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEP20 UTY CHIEFS AND ASSISTANT CHIEFS. 

21 (a) ARMY.—Section 3035(b) of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘(b) The Secretary of the Army shall prescribe the 

24 number of Deputy Chiefs of Staff and Assistant Chiefs 

25 of Staff, for a total of not more than eight positions.’’. 


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1 (b) NAVY.— 

2 (1) DEPUTY CHIEFS OF NAVAL OPERATIONS.— 

3 Section 5036(a) of title 10, United States Code, is 

4 amended— 

5 (A) by striking ‘‘There are in the Office of 

6 the Chief of Naval Operations not more than 

7 five Deputy Chiefs of Naval Operations,’’ and 

8 inserting ‘‘There are Deputy Chiefs of Naval 

9 Operations in the Office of the Chief of Naval 

10 Operations,’’; and 

11 (B) by adding at the end the following: 

12 ‘‘The Secretary of the Navy shall prescribe the 

13 number of Deputy Chiefs of Naval Operations 

14 under this section and Assistant Chiefs of 

15 Naval Operations under section 5037 of this 

16 title, for a total of not more than eight posi17 tions.’’. 

18 (2) ASSISTANT CHIEFS OF NAVAL OPER19 ATIONS.—Section 5037(a) of such title is amend20 ed— 

21 (A) by striking ‘‘There are in the Office of 

22 the Chief of Naval Operations not more than 

23 three Assistant Chiefs of Naval Operations,’’ 

24 and inserting ‘‘There are Assistant Chiefs of 


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1 Naval Operations in the Office of the Chief of 

2 Naval Operations,’’; and 

3 (B) by adding at the end the following: 

4 ‘‘The Secretary of the Navy shall prescribe the 

5 number of Assistant Chiefs of Naval Operations 

6 in accordance with section 5036(a) of this 

7 title.’’. 

8 (c) AIR FORCE.—Section 8035(b) of title 10, United 

9 States Code, is amended to read as follows: 

10 ‘‘(b) The Secretary of the Air Force shall prescribe 

11 the number of Deputy Chiefs of Staff and Assistant Chiefs 

12 of Staff, for a total of not more than eight positions.’’. 

13 SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR AP14 POINTMENT TO DEPARTMENT OF DEFENSE 

15 LEADERSHIP POSITIONS. 

16 (a) SECRETARY OF DEFENSE.—Section 113(a) of 

17 title 10, United States Code, is amended by striking ‘‘10’’ 

18 and inserting ‘‘seven’’. 

19 (b) DEPUTY SECRETARY OF DEFENSE.—Section 

20 132(a) of such title is amended by striking ‘‘ten’’ and in21 serting ‘‘seven’’. 

22 (c) UNDER SECRETARY OF DEFENSE FOR POLICY.— 

23 Section 134(a) of such title is amended by striking ‘‘10’’ 

24 and inserting ‘‘seven’’. 


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1 SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DE2 FENSE. 

3 (a) ASSIGNMENT OF MANAGEMENT DUTIES AND

4 DESIGNATION OF A CHIEF MANAGEMENT OFFICER AND

5 DEPUTY CHIEF MANAGEMENT OFFICER OF THE DEPART6 MENT OF DEFENSE.— 

7 (1) ESTABLISHMENT OF POSITION.—Section 

8 132 of title 10, United States Code is amended— 

9 (A) by redesignating subsection (c) as sub10 section (d); and 

11 (B) by inserting after subsection (b) the 

12 following new subsection (c): 

13 ‘‘(c) The Deputy Secretary serves as the Chief Man14 agement Officer of the Department of Defense. The Dep15 uty Secretary shall be assisted in this capacity by a Dep16 uty Chief Management Officer, who shall be appointed 

17 from civilian life by the President, by and with the advice 

18 and consent of the Senate.’’. 

19 (2) ASSIGNMENT OF DUTIES.— 

20 (A) The Secretary of Defense shall assign 

21 duties and authorities relating to the manage22 ment of the business operations of the Depart23 ment of Defense. 

24 (B) The Secretary shall assign such duties 

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1 tively and efficiently organize the business oper2 ations of the Department of Defense. 

3 (C) The Secretary shall assign such duties 

4 and authorities to the Deputy Chief Manage5 ment Officer as are necessary for that official 

6 to assist the Chief Management Officer to effec7 tively and efficiently organize the business oper8 ations of the Department of Defense. 

9 (D) The Deputy Chief Management Officer 

10 shall perform the duties and have the authori11 ties assigned by the Secretary under subpara12 graph (C) and perform such duties and have 

13 such authorities as are delegated by the Chief 

14 Management Officer. 

15 (3) EXECUTIVE SCHEDULE LEVEL III.—Section 

16 5314 of title 5, United States Code, is amended by 

17 inserting after the item relating to the Under Sec18 retary of Defense for Intelligence the following new 

19 item: 

20 ‘‘Deputy Chief Management Officer of the De21 partment of Defense.’’. 

22 (4) PLACEMENT IN OSD.—Section 131(b)(2) of 

23 title 10, United States Code, is amended— 


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1 (A) by redesignating paragraphs (3) 

2 through (8) as paragraphs (4) through (9), re3 spectively; and 

4 (B) by inserting after paragraph (2) the 

5 following new paragraph (3): 

6 ‘‘(3) The Deputy Chief Management Officer of 

7 the Department of Defense.’’. 

8 (b) ASSIGNMENT OF MANAGEMENT DUTIES AND

9 DESIGNATION OF THE CHIEF MANAGEMENT OFFICERS

10 OF THE MILITARY DEPARTMENTS.— 

11 (1) The Secretary of a military department 

12 shall assign duties and authorities relating to the 

13 management of the business operations of such mili14 tary department. 

15 (2) The Secretary of a military department, in 

16 assigning duties and authorities under paragraph 

17 (1) shall designate the Under Secretary of such mili18 tary department to have the primary management 

19 responsibility for business operations, to be known in 

20 the performance of such duties as the Chief Manage21 ment Officer. 

22 (3) The Secretary shall assign such duties and 

23 authorities to the Chief Management Officer as are 

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1 ciently organize the business operations of the mili2 tary department concerned. 

3 (4) The Chief Management Officer of each mili4 tary department shall promptly provide such infor5 mation relating to the business operations of such 

6 department to the Chief Management Officer and 

7 Deputy Chief Management Officer of the Depart8 ment of Defense as is necessary to assist those offi9 cials in the performance of their duties. 

10 (c) MANAGEMENT OF DEFENSE BUSINESS TRANS11 FORMATION AGENCY.—Section 192(e)(2) of title 10, 

12 United States Code, is amended by striking ‘‘that the 

13 Agency’’ and all that follows and inserting ‘‘that the Di14 rector of the Agency shall report directly to the Deputy 

15 Chief Management Officer of the Department of De16 fense.’’. 

17 (d) STRATEGIC MANAGEMENT PLAN REQUIRED.— 

18 (1) REQUIREMENT.—The Secretary of Defense, 

19 acting through the Chief Management Officer of the 

20 Department of Defense, shall develop a strategic 

21 management plan for the Department of Defense. 

22 (2) MATTERS COVERED.—Such plan shall in23 clude, at a minimum, detailed descriptions of— 

24 (A) performance goals and measures for 

25 improving and evaluating the overall efficiency 


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1 and effectiveness of the business operations of 

2 the Department of Defense and achieving an in3 tegrated management system for business sup4 port areas within the Department of Defense; 

5 (B) key initiatives to be undertaken by the 

6 Department of Defense to achieve the perform7 ance goals under subparagraph (A), together 

8 with related resource needs; 

9 (C) procedures to monitor the progress of 

10 the Department of Defense in meeting perform11 ance goals and measures under subparagraph 

12 (A); 

13 (D) procedures to review and approve 

14 plans and budgets for changes in business oper15 ations, including any proposed changes to poli16 cies, procedures, processes, and systems, to en17 sure the compatibility of such plans and budg18 ets with the strategic management plan of the 

19 Department of Defense; and 

20 (E) procedures to oversee the development 

21 of, and review and approve, all budget requests 

22 for defense business systems. 

23 (3) UPDATES.—The Secretary of Defense, act24 ing through the Chief Management Officer, shall up25 date the strategic management plan no later than 


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1 July 1, 2009, and every two years thereafter and 

2 provide a copy to the Committees on Armed Services 

3 of the Senate and the House of Representatives. 

4 (e) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Secretary of Defense 

6 shall provide to the Committees on Armed Services of the 

7 Senate and the House of Representatives a report on the 

8 implementation of this section and a copy of the strategic 

9 management plan required by subsection (d). 

10 SEC. 905. REVISION IN GUIDANCE RELATING TO COMBAT11 ANT COMMAND ACQUISITION AUTHORITY. 

12 Subparagraph (B) of section 905(b)(1) of the John 

13 Warner National Defense Authorization Act for Fiscal 

14 Year 2007 (Public Law 109–364; 120 Stat. 2353) is 

15 amended by striking ‘‘and mutually supportive of’’. 

16 SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTU17 ARIES. 

18 (a) ESTABLISHMENT.— 

19 (1) IN GENERAL.—Chapter 7 of title 10, United 

20 States Code, is amended by inserting after section 

21 182 the following new section: 

22 ‘‘§ 183. Department of Defense Board of Actuaries 

23 ‘‘(a) IN GENERAL.—There shall be in the Depart24 ment of Defense a Department of Defense Board of ActuVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 aries (hereinafter in this section referred to as the 

2 ‘Board’). 

3 ‘‘(b) MEMBERS.—(1) The Board shall consist of 

4 three members who shall be appointed by the Secretary 

5 of Defense from among qualified professional actuaries 

6 who are members of the Society of Actuaries. 

7 ‘‘(2) The members of the Board shall serve for a term 

8 of 15 years, except that a member of the Board appointed 

9 to fill a vacancy occurring before the end of the term for 

10 which the member’s predecessor was appointed shall only 

11 serve until the end of such term. A member may serve 

12 after the end of the member’s term until the member’s 

13 successor takes office. 

14 ‘‘(3) A member of the Board may be removed by the 

15 Secretary of Defense only for misconduct or failure to per16 form functions vested in the Board. 

17 ‘‘(4) A member of the Board who is not an employee 

18 of the United States is entitled to receive pay at the daily 

19 equivalent of the annual rate of basic pay of the highest 

20 rate of basic pay then currently being paid under the Gen21 eral Schedule of subchapter III of chapter 53 of title 5 

22 for each day the member is engaged in the performance 

23 of the duties of the Board and is entitled to travel ex24 penses, including a per diem allowance, in accordance with 

25 section 5703 of that title in connection with such duties. 


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1 ‘‘(c) DUTIES.—The Board shall have the following 

2 duties: 

3 ‘‘(1) To review valuations of the Department of 

4 Defense Military Retirement Fund in accordance 

5 with section 1465(c) of this title and submit to the 

6 President and Congress, not less often than once 

7 every four years, a report on the status of that 

8 Fund, including such recommendations for modifica9 tions to the funding or amortization of that Fund as 

10 the Board considers appropriate and necessary to 

11 maintain that Fund on a sound actuarial basis. 

12 ‘‘(2) To review valuations of the Department of 

13 Defense Education Benefits Fund in accordance 

14 with section 2006(e) of this title and make rec15 ommendations to the President and Congress on 

16 such modifications to the funding or amortization of 

17 that Fund as the Board considers appropriate to 

18 maintain that Fund on a sound actuarial basis. 

19 ‘‘(3) To review valuations of such other funds 

20 as the Secretary of Defense shall specify for pur21 poses of this section and make recommendations to 

22 the President and Congress on such modifications to 

23 the funding or amortization of such funds as the 

24 Board considers appropriate to maintain such funds 

25 on a sound actuarial basis. 


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1 ‘‘(d) RECORDS.—The Secretary of Defense shall en2 sure that the Board has access to such records regarding 

3 the funds referred to in subsection (c) as the Board shall 

4 require to determine the actuarial status of such funds. 

5 ‘‘(e) REPORTS.—(1) The Board shall submit to the 

6 Secretary of Defense on an annual basis a report on the 

7 actuarial status of each of the following: 

8 ‘‘(A) The Department of Defense Military Re9 tirement Fund. 

10 ‘‘(B) The Department of Defense Education 

11 Benefits Fund. 

12 ‘‘(C) Each other fund specified by Secretary 

13 under subsection (c)(3). 

14 ‘‘(2) The Board shall also furnish its advice and opin15 ion on matters referred to it by the Secretary.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 7 of such title is 

18 amended by inserting after the item relating to sec19 tion 182 the following new item: 

‘‘183. Department of Defense Board of Actuaries’’. 

20 (3) INITIAL SERVICE AS BOARD MEMBERS.— 

21 Each member of the Department of Defense Retire22 ment Board of Actuaries or the Department of De23 fense Education Benefits Board of Actuaries as of 

24 the date of the enactment of this Act shall serve as 

25 an initial member of the Department of Defense 


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1 Board of Actuaries under section 183 of title 10, 

2 United States Code (as added by paragraph (1)), 

3 from that date until the date otherwise provided for 

4 the completion of such individual’s term as a mem5 ber of the Department of Defense Retirement Board 

6 of Actuaries or the Department of Defense Edu7 cation Benefits Board of Actuaries, as the case may 

8 be, unless earlier removed by the Secretary of De9 fense. 

10 (b) TERMINATION OF EXISTING BOARDS OF ACTU11 ARIES.— 

12 (1) DEPARTMENT OF DEFENSE RETIREMENT

13 BOARD OF ACTUARIES.—(A) Section 1464 of title 

14 10, United States Code, is repealed. 

15 (B) The table of sections at the beginning of 

16 chapter 74 of such title is amended by striking the 

17 item relating to section 1464. 

18 (2) DEPARTMENT OF DEFENSE EDUCATION

19 BENEFITS BOARD OF ACTUARIES.—Section 2006 of 

20 such title is amended— 

21 (A) in subsection (c)(1), by striking ‘‘sub22 section (g)’’ and inserting ‘‘subsection (f)’’; 

23 (B) by striking subsection (e); 


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1 (C) by redesignating subsections (f), (g), 

2 and (h) as subsections (e), (f), and (g), respec3 tively; 

4 (D) in subsection (e), as redesignated by 

5 subparagraph (C), by striking ‘‘subsection (g)’’ 

6 in paragraph (5) and inserting ‘‘subsection (f)’’; 

7 and 

8 (E) in subsection (f), as so redesignated— 

9 (i) in paragraph (2)(A), by striking 

10 ‘‘subsection (f)(3)’’ and inserting ‘‘sub11 section (e)(3)’’; and 

12 (ii) in paragraph (2)(B), by striking 

13 ‘‘subsection (f)(4)’’ and inserting ‘‘sub14 section (e)(4)’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) Section 1175(h)(4) of title 10, United 

17 States Code, is amended by striking ‘‘Retirement’’ 

18 the first place it appears. 

19 (2) Section 1460(b) of such title is amended by 

20 striking ‘‘Retirement’’. 

21 (3) Section 1466(c)(3) of such title is amended 

22 by striking ‘‘Retirement’’. 

23 (4) Section 12521(6) of such title is amended 

24 by striking ‘‘Department of Defense Education Ben25 efits Board of Actuaries referred to in section 


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1 2006(e)(1) of this title’’ and inserting ‘‘Department 

2 of Defense Board of Actuaries under section 183 of 

3 this title’’. 

4 SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT 

5 OF INDIVIDUALS APPOINTED AS UNDER SEC6 RETARY OF DEFENSE FOR ACQUISITION, 

7 TECHNOLOGY, AND LOGISTICS. 

8 Section 133(a) of title 10, United States Code, is 

9 amended by striking ‘‘in the private sector’’. 

10 SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DE11 PARTMENTS FOR ACQUISITION MATTERS; 

12 PRINCIPAL MILITARY DEPUTIES. 

13 (a) DEPARTMENT OF THE ARMY.—Section 3016(b) 

14 of title 10, United States Code, is amended by adding at 

15 the end the following new paragraph: 

16 ‘‘(5)(A) One of the Assistant Secretaries shall be the 

17 Assistant Secretary of the Army for Acquisition, Tech18 nology, and Logistics. The principal duty of the Assistant 

19 Secretary shall be the overall supervision of acquisition, 

20 technology, and logistics matters of the Department of the 

21 Army. 

22 ‘‘(B) The Assistant Secretary shall have a Principal 

23 Military Deputy, who shall be a lieutenant general of the 

24 Army on active duty. The Principal Military Deputy shall 

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1 perience in the areas of acquisition and program manage2 ment. The position of Principal Military Deputy shall be 

3 designated as a critical acquisition position under section 

4 1733 of this title.’’. 

5 (b) DEPARTMENT OF THE NAVY.—Section 5016(b) 

6 of such title is amended by adding at the end the following 

7 new paragraph: 

8 ‘‘(4)(A) One of the Assistant Secretaries shall be the 

9 Assistant Secretary of the Navy for Research, Develop10 ment, and Acquisition. The principal duty of the Assistant 

11 Secretary shall be the overall supervision of research, de12 velopment, and acquisition matters of the Department of 

13 the Navy. 

14 ‘‘(B) The Assistant Secretary shall have a Principal 

15 Military Deputy, who shall be a vice admiral of the Navy 

16 or a lieutenant general of the Marine Corps on active duty. 

17 The Principal Military Deputy shall be appointed from 

18 among officers who have significant experience in the 

19 areas of acquisition and program management. The posi20 tion of Principal Military Deputy shall be designated as 

21 a critical acquisition position under section 1733 of this 

22 title.’’. 

23 (c) DEPARTMENT OF THE AIR FORCE.—Section 

24 8016(b) of such title is amended by adding at the end 

25 the following new paragraph: 


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1 ‘‘(4)(A) One of the Assistant Secretaries shall be the 

2 Assistant Secretary of the Air Force for Acquisition. The 

3 principal duty of the Assistant Secretary shall be the over4 all supervision of acquisition matters of the Department 

5 of the Air Force. 

6 ‘‘(B) The Assistant Secretary shall have a Principal 

7 Military Deputy, who shall be a lieutenant general of the 

8 Air Force on active duty. The Principal Military Deputy 

9 shall be appointed from among officers who have signifi10 cant experience in the areas of acquisition and program 

11 management. The position of Principal Military Deputy 

12 shall be designated as a critical acquisition position under 

13 section 1733 of this title.’’. 

14 (d) DUTY OF PRINCIPAL MILITARY DEPUTIES TO IN15 FORM SERVICE CHIEFS ON MAJOR DEFENSE ACQUISI16 TION PROGRAMS.—Each Principal Military Deputy to a 

17 service acquisition executive shall be responsible for keep18 ing the Chief of Staff of the Armed Forces concerned in19 formed of the progress of major defense acquisition pro20 grams. 


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1 SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF 

2 THE DIRECTOR OF OPERATIONAL TEST AND 

3 EVALUATION. 

4 It is the sense of Congress that the term of office 

5 of the Director of Operational Test and Evaluation of the 

6 Department of Defense should be not less than five years. 

7 Subtitle B—Space Activities 

8 SEC. 911. SPACE PROTECTION STRATEGY. 

9 (a) SENSE OF CONGRESS.—It is the Sense of Con10 gress that the United States should place greater priority 

11 on the protection of national security space systems. 

12 (b) STRATEGY.—The Secretary of Defense, in con13 junction with the Director of National Intelligence, shall 

14 develop a strategy, to be known as the Space Protection 

15 Strategy, for the development and fielding by the United 

16 States of the capabilities that are necessary to ensure free17 dom of action in space for the United States. 

18 (c) MATTERS INCLUDED.—The strategy required by 

19 subsection (b) shall include each of the following: 

20 (1) An identification of the threats to, and the 

21 vulnerabilities of, the national security space systems 

22 of the United States. 

23 (2) A description of the capabilities currently 

24 contained in the program of record of the Depart25 ment of Defense and the intelligence community that 

26 ensure freedom of action in space. 


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1 (3) For each period covered by the strategy, a 

2 description of the capabilities that are needed for the 

3 period, including— 

4 (A) the hardware, software, and other ma5 terials or services to be developed or procured; 

6 (B) the management and organizational 

7 changes to be achieved; and 

8 (C) concepts of operations, tactics, tech9 niques, and procedures to be employed. 

10 (4) For each period covered by the strategy, an 

11 assessment of the gaps and shortfalls between the 

12 capabilities that are needed for the period and the 

13 capabilities currently contained in the program of 

14 record. 

15 (5) For each period covered by the strategy, a 

16 comprehensive plan for investment in capabilities 

17 that identifies specific program and technology in18 vestments to be made in that period. 

19 (6) A description of the current processes by 

20 which the systems protection requirements of the 

21 Department of Defense and the intelligence commu22 nity are addressed in space acquisition programs 

23 and during key milestone decisions, an assessment of 

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1 ligence community for addressing any inadequacies 

2 in those processes. 

3 (7) A description of the current processes by 

4 which the Department of Defense and the intel5 ligence community program and budget for capabili6 ties (including capabilities that are incorporated into 

7 single programs and capabilities that span multiple 

8 programs), an assessment of the adequacy of those 

9 processes, and an identification of the actions of the 

10 Department and the intelligence community for ad11 dressing any inadequacies in those processes. 

12 (8) A description of the organizational and 

13 management structure of the Department of De14 fense and the intelligence community for addressing 

15 policy, planning, acquisition, and operations with re16 spect to capabilities, a description of the roles and 

17 responsibilities of each organization, and an identi18 fication of the actions of the Department and the in19 telligence community for addressing any inadequa20 cies in that structure. 

21 (d) PERIODS COVERED.—The strategy required by 

22 subsection (b) shall cover the following periods: 

23 (1) Fiscal years 2008 through 2013. 

24 (2) Fiscal years 2014 through 2019. 

25 (3) Fiscal years 2020 through 2025. 


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1 (e) DEFINITIONS.—In this section— 

2 (1) the term ‘‘capabilities’’ means space, air3 borne, and ground systems and capabilities for space 

4 situational awareness and for space systems protec5 tion; and 

6 (2) the term ‘‘intelligence community’’ has the 

7 meaning given such term in section 3(4) of the Na8 tional Security Act of 1947 (50 U.S.C. 401a(4)). 

9 (f) REPORT; BIENNIAL UPDATE.— 

10 (1) REPORT.—Not later than six months after 

11 the date of the enactment of this Act, the Secretary 

12 of Defense, in conjunction with the Director of Na13 tional Intelligence, shall submit to Congress a report 

14 on the strategy required by subsection (b), including 

15 each of the matters required by subsection (c). 

16 (2) BIENNIAL UPDATE.—Not later than March 

17 15 of each even-numbered year after 2008, the Sec18 retary of Defense, in conjunction with the Director 

19 of National Intelligence, shall submit to Congress an 

20 update to the report required by paragraph (1). 

21 (3) CLASSIFICATION.—The report required by 

22 paragraph (1), and each update required by para23 graph (2), shall be in unclassified form, but may in24 clude a classified annex. 


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1 (g) CONFORMING REPEAL.—Section 911 of the Na2 tional Defense Authorization Act for Fiscal Year 2006 

3 (Public Law 109–163; 119 Stat. 3405; 10 U.S.C. 2271 

4 note) is repealed. 

5 SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE 

6 CADRE WITHIN THE DEPARTMENT OF DE7 FENSE. 

8 (a) IN GENERAL.—Chapter 23 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 490. Space cadre management: biennial report 

12 ‘‘(a) REQUIREMENT.—The Secretary of Defense and 

13 each Secretary of a military department shall develop 

14 metrics and use these metrics to identify, track, and man15 age space cadre personnel within the Department of De16 fense to ensure the Department has sufficient numbers of 

17 personnel with the expertise, training, and experience to 

18 meet current and future national security space needs. 

19 ‘‘(b) BIENNIAL REPORT REQUIRED.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this section, and 

22 every even-numbered year thereafter, the Secretary 

23 of Defense shall submit to the congressional defense 

24 committees a report on the management of the space 

25 cadre. 


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1 ‘‘(2) MATTERS INCLUDED.—The report re2 quired by paragraph (1) shall include— 

3 ‘‘(A) the number of active duty, reserve 

4 duty, and government civilian space-coded bil5 lets that— 

6 ‘‘(i) are authorized or permitted to be 

7 maintained for each military department 

8 and defense agency; 

9 ‘‘(ii) are needed or required for each 

10 military department and defense agency 

11 for the year in which the submission of the 

12 report is required; and 

13 ‘‘(iii) are needed or required for each 

14 military department and defense agency 

15 for each of the five years following the date 

16 of the submission of the report; 

17 ‘‘(B) the actual number of active duty, re18 serve duty, and government civilian personnel 

19 that are coded or classified as space cadre per20 sonnel within the Department of Defense, in21 cluding the military departments and defense 

22 agencies; 

23 ‘‘(C) the number of personnel recruited or 

24 hired as accessions to serve in billets coded or 


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1 classified as space cadre personnel for each 

2 military department and defense agency; 

3 ‘‘(D) the number of personnel serving in 

4 billets coded or classified as space cadre per5 sonnel that discontinued serving each military 

6 department and defense agency during the pre7 ceding calendar year; 

8 ‘‘(E) for each of the reporting require9 ments in subparagraphs (A) through (D), fur10 ther classification of the number of personnel 

11 by— 

12 ‘‘(i) space operators, acquisition per13 sonnel, engineers, scientists, program man14 agers, and other space-related areas identi15 fied by the Department; 

16 ‘‘(ii) expertise or technical specializa17 tion area— 

18 ‘‘(I) such as communications, 

19 missile warning, spacelift, and any 

20 other space-related specialties identi21 fied by the Department or classifica22 tions used by the Department; and 

23 ‘‘(II) consistent with section 

24 1721 of this title for acquisition per25 sonnel; 


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1 ‘‘(iii) rank for active duty and reserve 

2 duty personnel and grade for government 

3 civilian personnel; 

4 ‘‘(iv) qualification, expertise, or pro5 ficiency level consistent with service and 

6 agency-defined qualification, expertise, or 

7 proficiency levels; and 

8 ‘‘(v) any other such space-related clas9 sification categories used by the Depart10 ment or military departments; and 

11 ‘‘(F) any other metrics identified by the 

12 Department to improve the identification, 

13 tracking, training, and management of space 

14 cadre personnel. 

15 ‘‘(3) ASSESSMENTS.—The report required by 

16 paragraph (1) shall also include the Secretary’s as17 sessment of the state of the Department’s space 

18 cadre, the Secretary’s assessment of the space cad19 res of the military departments, and a description of 

20 efforts to ensure the Department has a space cadre 

21 sufficient to meet current and future national secu22 rity space needs.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of such chapter is amended by adding 

25 at the end the following new item: 

‘‘490. Space cadre management: biennial report.’’. 


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1 SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUI2 SITION FOR DEFENSE SPACE PROGRAMS. 

3 Section 911(b)(1) of the Bob Stump National De4 fense Authorization Act for Fiscal Year 2003 (Public Law 

5 107–314; 116 Stat. 2621) is amended by inserting ‘‘, and 

6 March 15, 2008,’’ after ‘‘March 15, 2003,’’. 

7 Subtitle C—Chemical 

8 Demilitarization Program 

9 SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI10 SORY COMMISSIONS. 

11 (a) FUNCTIONS.—Section 172 of the National De12 fense Authorization Act for Fiscal Year 1993 (50 U.S.C. 

13 1521 note) is amended— 

14 (1) in each of subsections (b) and (f), by strik15 ing ‘‘Assistant Secretary of the Army (Research, De16 velopment and Acquisition)’’ and inserting ‘‘Assist17 ant Secretary of the Army (Acquisition, Logistics, 

18 and Technology)’’; and 

19 (2) in subsection (g), by striking ‘‘Assistant 

20 Secretary of the Army (Research, Development, and 

21 Acquisition)’’ and inserting ‘‘Assistant Secretary of 

22 the Army (Acquisition, Logistics, and Technology)’’. 

23 (b) TERMINATION.—Such section is further amended 

24 in subsection (h) by striking ‘‘after the stockpile located 

25 in that commission’s State has been destroyed’’ and in26 serting ‘‘after the closure activities required pursuant to 


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1 regulations promulgated by the Administrator of the Envi2 ronmental Protection Agency pursuant to the Solid Waste 

3 Disposal Act (42 U.S.C. 6901 et seq.) have been com4 pleted for the chemical agent destruction facility in the 

5 commission’s State, or upon the request of the Governor 

6 of the commission’s State, whichever occurs first’’. 

7 SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DE8 STRUCTION OF UNITED STATES CHEMICAL 

9 WEAPONS STOCKPILE. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) The Convention on the Prohibition of the 

13 Development, Production, Stockpiling and Use of 

14 Chemical Weapons and on Their Destruction, done 

15 at Paris on January 13, 1993 (commonly referred to 

16 as the ‘‘Chemical Weapons Convention’’), requires 

17 that destruction of the entire United States chemical 

18 weapons stockpile be completed by not later than 

19 April 29, 2007. 

20 (2) In 2006, under the terms of the Chemical 

21 Weapons Convention, the United States requested 

22 and received a one-time, 5-year extension of its 

23 chemical weapons destruction deadline to April 29, 

24 2012. 


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1 (3) On April 10, 2006, the Secretary of De2 fense notified Congress that the United States would 

3 not meet even the extended deadline under the 

4 Chemical Weapons Convention for destruction of the 

5 United States chemical weapons stockpile, but would 

6 ‘‘continue working diligently to minimize the time to 

7 complete destruction without sacrificing safety and 

8 security’’ and would also ‘‘continue requesting re9 sources needed to complete destruction as close to 

10 April 2012 as practicable’’. 

11 (4) The United States chemical demilitarization 

12 program has met its one percent, 20 percent, and 

13 extended 45 percent destruction deadlines under the 

14 Chemical Weapons Convention. 

15 (5) Destroying the remaining stockpile of 

16 United States chemical weapons is imperative for 

17 public safety and homeland security, and doing so by 

18 April 2012, in accordance with the current destruc19 tion deadline provided under the Chemical Weapons 

20 Convention, is required by United States law. 

21 (6) The elimination of chemical weapons any22 where they exist in the world, and the prevention of 

23 their proliferation, is of utmost importance to the 

24 national security of the United States. 


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1 (7) Section 921(b)(3) of the John Warner Na2 tional Defense Authorization Act for Fiscal Year 

3 2007 (Public Law 109–364; 120 Stat. 2359) con4 tained a sense of Congress urging the Secretary of 

5 Defense to ensure the elimination of the United 

6 States chemical weapons stockpile in the shortest 

7 time possible, consistent with the requirement to 

8 protect public health, safety, and the environment. 

9 (8) Section 921(b)(4) of that Act contained a 

10 sense of Congress urging the Secretary of Defense 

11 to propose a credible treatment and disposal process 

12 with the support of affected communities. In this re13 gard, any such process should provide for sufficient 

14 communication and consultation between representa15 tives of the Department of Defense and representa16 tives of affected States and communities. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the United States is, and must remain, 

20 committed to making every effort to safely dispose 

21 of its entire chemical weapons stockpile by April 

22 2012, the current destruction deadline provided 

23 under the Chemical Weapons Convention, or as soon 

24 thereafter as possible, and must carry out all of its 

25 other obligations under the Convention; and 


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1 (2) the Secretary of Defense should make every 

2 effort to plan for, and to request in the annual 

3 budget of the President submitted to Congress ade4 quate funding to complete, the elimination of the 

5 United States chemical weapons stockpile in accord6 ance with United States obligations under the Chem7 ical Weapons Convention and in a manner that will 

8 protect public health, safety, and the environment, 

9 as required by law. 

10 (c) REPORTS REQUIRED.— 

11 (1) IN GENERAL.—Not later than March 15, 

12 2008, and every 180 days thereafter until the year 

13 in which the United States completes the destruction 

14 of its entire stockpile of chemical weapons under the 

15 terms of the Chemical Weapons Convention, the Sec16 retary of Defense shall submit to the members and 

17 committees of Congress referred to in paragraph (3) 

18 a report on the implementation by the United States 

19 of its chemical weapons destruction obligations 

20 under the Chemical Weapons Convention. 

21 (2) ELEMENTS.—Each report under paragraph 

22 (1) shall include the following: 

23 (A) The anticipated schedule at the time of 

24 such report for the completion of destruction of 

25 chemical agents, munitions, and materiel at 


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1 each chemical weapons demilitarization facility 

2 in the United States. 

3 (B) A description of the options and alter4 natives for accelerating the completion of chem5 ical weapons destruction at each such facility, 

6 particularly in time to meet the destruction 

7 deadline of April 29, 2012, currently provided 

8 by the Chemical Weapons Convention, and by 

9 December 31, 2017. 

10 (C) A description of the funding required 

11 to achieve each of the options for destruction 

12 described under subparagraph (B), and a de13 tailed life-cycle cost estimate for each of the af14 fected facilities included in each such funding 

15 profile. 

16 (D) A description of all actions being 

17 taken by the United States to accelerate the de18 struction of its entire stockpile of chemical 

19 weapons, agents, and materiel in order to meet 

20 the current destruction deadline under the 

21 Chemical Weapons Convention of April 29, 

22 2012, or as soon thereafter as possible. 

23 (3) MEMBERS AND COMMITTEES OF CON24 GRESS.—The members and committees of Congress 

25 referred to in this paragraph are— 


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1 (A) the majority leader of the Senate, the 

2 minority leader of the Senate, and the Commit3 tees on Armed Services and Appropriations of 

4 the Senate; and 

5 (B) the Speaker of the House of Rep6 resentatives, the majority leader of the House 

7 of Representatives, the minority leader of the 

8 House of Representatives, and the Committees 

9 on Armed Services and Appropriations of the 

10 House of Representatives. 

11 SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIRE12 MENT FOR DIRECTOR OF CHEMICAL DEMILI13 TARIZATION MANAGEMENT ORGANIZATION. 

14 Section 1412(e)(3) of the Department of Defense Au15 thorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amend16 ed— 

17 (1) in subparagraph (A), by adding ‘‘and’’ at 

18 the end; 

19 (2) by striking subparagraph (B); and 

20 (3) by redesignating subparagraph (C) as sub21 paragraph (B). 


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1 SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE 

2 TO STATE AND LOCAL GOVERNMENTS AFTER 

3 COMPLETION OF THE DESTRUCTION OF THE 

4 UNITED STATES CHEMICAL WEAPONS STOCK5 PILE. 

6 Subparagraph (B) of section 1412(c)(5) of the De7 partment of Defense Authorization Act, 1986 (50 U.S.C. 

8 1521(c)(5)) is amended to read as follows: 

9 ‘‘(B) Assistance may be provided under this para10 graph for capabilities to respond to emergencies involving 

11 an installation or facility as described in subparagraph (A) 

12 until the earlier of the following: 

13 ‘‘(i) The date of the completion of all grants 

14 and cooperative agreements with respect to the in15 stallation or facility for purposes of this paragraph 

16 between the Federal Emergency Management Agen17 cy and the State and local governments concerned. 

18 ‘‘(ii) The date that is 180 days after the date 

19 of the completion of the destruction of lethal chem20 ical agents and munitions at the installation or facil21 ity.’’. 


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1 Subtitle D—Intelligence-Related 

2 Matters 

3 SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

4 STATES CODE, ARISING FROM ENACTMENT 

5 OF THE INTELLIGENCE REFORM AND TER6 RORISM PREVENTION ACT OF 2004. 

7 (a) REFERENCES TO HEAD OF INTELLIGENCE COM8 MUNITY.—Title 10, United States Code, is amended by 

9 striking ‘‘Director of Central Intelligence’’ each place it 

10 appears in the following provisions and inserting ‘‘Director 

11 of National Intelligence’’: 

12 (1) Section 192(c)(2). 

13 (2) Section 193(d)(2). 

14 (3) Section 193(e). 

15 (4) Section 201(a). 

16 (5) Section 201(c)(1). 

17 (6) Section 425(a). 

18 (7) Section 426(a)(3). 

19 (8) Section 426(b)(2). 

20 (9) Section 441(c). 

21 (10) Section 441(d). 

22 (11) Section 443(d). 

23 (12) Section 2273(b)(1). 

24 (13) Section 2723(a). 


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1 (b) REFERENCES TO HEAD OF CENTRAL INTEL2 LIGENCE AGENCY.—Such title is further amended by 

3 striking ‘‘Director of Central Intelligence’’ each place it 

4 appears in the following provisions and inserting ‘‘Director 

5 of the Central Intelligence Agency’’: 

6 (1) Section 431(b)(1). 

7 (2) Section 444. 

8 (3) Section 1089(g). 

9 (c) OTHER AMENDMENTS.— 

10 (1) SUBSECTION HEADINGS.— 

11 (A) SECTION 441(c).—The heading of sub12 section (c) of section 441 of such title is amend13 ed by striking ‘‘DIRECTOR OF CENTRAL INTEL14 LIGENCE’’ and inserting ‘‘DIRECTOR OF NA15 TIONAL INTELLIGENCE’’. 

16 (B) SECTION 443(d).—The heading of 

17 subsection (d) of section 443 of such title is 

18 amended by striking ‘‘DIRECTOR OF CENTRAL

19 INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF

20 NATIONAL INTELLIGENCE’’. 

21 (2) SECTION 201.—Section 201 of such title is 

22 further amended— 

23 (A) in subsection (b)(1), to read as follows: 

24 ‘‘(1) In the event of a vacancy in a position re25 ferred to in paragraph (2), before appointing an inVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 dividual to fill the vacancy or recommending to the 

2 President an individual to be nominated to fill the 

3 vacancy, the Secretary of Defense shall obtain the 

4 concurrence of the Director of National Intelligence 

5 as provided in section 106(b) of the National Secu6 rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 

7 (B) in subsection (c)(1), by striking ‘‘Na8 tional Foreign Intelligence Program’’ and in9 serting ‘‘National Intelligence Program’’. 

10 Subtitle E—Roles and Missions 

11 Analysis 

12 SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND 

13 MISSIONS REVIEW. 

14 (a) REQUIREMENT FOR REVIEW.— 

15 (1) IN GENERAL.—Chapter 2 of title 10, United 

16 States Code, is amended by inserting after section 

17 118a the following new section: 

18 ‘‘§ 118b. Quadrennial roles and missions review 

19 ‘‘(a) REVIEW REQUIRED.—The Secretary of Defense 

20 shall every four years conduct a comprehensive assessment 

21 (to be known as the ‘quadrennial roles and missions re22 view’) of the roles and missions of the armed forces and 

23 the core competencies and capabilities of the Department 

24 of Defense to perform and support such roles and mis25 sions. 


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1 ‘‘(b) INDEPENDENT MILITARY ASSESSMENT OF

2 ROLES AND MISSIONS.—(1) In each year in which the 

3 Secretary of Defense is required to conduct a comprehen4 sive assessment pursuant to subsection (a), the Chairman 

5 of the Joint Chiefs of Staff shall prepare and submit to 

6 the Secretary the Chairman’s assessment of the roles and 

7 missions of the armed forces and the assignment of func8 tions to the armed forces, together with any recommenda9 tions for changes in assignment that the Chairman con10 siders necessary to achieve maximum efficiency and effec11 tiveness of the armed forces. 

12 ‘‘(2) The Chairman’s assessment shall be conducted 

13 so as to— 

14 ‘‘(A) organize the significant missions of the 

15 armed forces into core mission areas that cover 

16 broad areas of military activity; 

17 ‘‘(B) ensure that core mission areas are defined 

18 and functions are assigned so as to avoid unneces19 sary duplication of effort among the armed forces; 

20 and 

21 ‘‘(C) provide the Chairman’s recommendations 

22 with regard to issues to be addressed by the Sec23 retary of Defense under subsection (c). 

24 ‘‘(c) IDENTIFICATION OF CORE MISSION AREAS AND

25 CORE COMPETENCIES AND CAPABILITIES.—Upon receipt 


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1 of the Chairman’s assessment, and after giving appro2 priate consideration to the Chairman’s recommendations, 

3 the Secretary of Defense shall identify— 

4 ‘‘(1) the core mission areas of the armed forces; 

5 ‘‘(2) the core competencies and capabilities that 

6 are associated with the performance or support of a 

7 core mission area identified pursuant to paragraph 

8 (1); 

9 ‘‘(3) the elements of the Department of Defense 

10 (including any other office, agency, activity, or com11 mand described in section 111(b) of this title) that 

12 are responsible for providing the core competencies 

13 and capabilities required to effectively perform the 

14 core missions identified pursuant to paragraph (1); 

15 ‘‘(4) any gaps in the ability of the elements (or 

16 other office, agency activity, or command) of the De17 partment of Defense to provide core competencies 

18 and capabilities required to effectively perform the 

19 core missions identified pursuant to paragraph (1); 

20 ‘‘(5) any unnecessary duplication of core com21 petencies and capabilities between defense compo22 nents; and 

23 ‘‘(6) a plan for addressing any gaps or unneces24 sary duplication identified pursuant to paragraph 

25 (4) or paragraph (5). 


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1 ‘‘(d) REPORT.—The Secretary shall submit a report 

2 on the quadrennial roles and missions review to the Com3 mittees on Armed Services of the Senate and the House 

4 of Representatives. The report shall be submitted in the 

5 year following the year in which the review is conducted, 

6 but not later than the date on which the President submits 

7 the budget for the next fiscal year to Congress under sec8 tion 1105(a) of title 31.’’. 

9 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

10 118(e) of title 10, United States Code, is amended— 

11 (1) by striking paragraph (2); and 

12 (2) by redesignating paragraph (3) as para13 graph (2). 

14 (c) TIMING OF QUADRENNIAL ROLES AND MISSIONS

15 REVIEW.— 

16 (1) FIRST REVIEW.—The first quadrennial roles 

17 and missions review under section 118b of title 10, 

18 United States Code, as added by subsection (a), 

19 shall be conducted during 2008. 

20 (2) SUBSEQUENT REVIEWS.—Subsequent re21 views shall be conducted every four years, beginning 

22 in 2011. 


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1 SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL AD2 DITIONAL DUTIES RELATING TO CORE MIS3 SION AREAS. 

4 (a) REVISIONS IN MISSION.—Subsection (b) of sec5 tion 181 of title 10, United States Code, is amended to 

6 read as follows: 

7 ‘‘(b) MISSION.—In addition to other matters assigned 

8 to it by the President or Secretary of Defense, the Joint 

9 Requirements Oversight Council shall— 

10 ‘‘(1) assist the Chairman of the Joint Chiefs of 

11 Staff— 

12 ‘‘(A) in identifying, assessing, and approv13 ing joint military requirements (including exist14 ing systems and equipment) to meet the na15 tional military strategy; and 

16 ‘‘(B) in identifying the core mission area 

17 associated with each such requirement; 

18 ‘‘(2) assist the Chairman in establishing and 

19 assigning priority levels for joint military require20 ments; 

21 ‘‘(3) assist the Chairman in reviewing the esti22 mated level of resources required in the fulfillment 

23 of each joint military requirement and in ensuring 

24 that such resource level is consistent with the level 

25 of priority assigned to such requirement; and 


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1 ‘‘(4) assist acquisition officials in identifying al2 ternatives to any acquisition program that meet 

3 joint military requirements for the purposes of sec4 tion 2366a(a)(4), section 2366b(b), and section 

5 2433(e)(2) of this title.’’. 

6 (b) ADVISORS.—Section 181 of such title is amend7 ed— 

8 (1) by redesignating subsection (d) as sub9 section (f); and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d) ADVISORS.—The Under Secretary of Defense 

13 for Acquisition, Technology, and Logistics, the Under Sec14 retary of Defense (Comptroller), and the Director of the 

15 Office of Program Analysis and Evaluation shall serve as 

16 advisors to the Council on matters within their authority 

17 and expertise.’’. 

18 (c) ORGANIZATION.—Section 181 of such title is fur19 ther amended by inserting after subsection (d) (as inserted 

20 by subsection (b)) the following new subsection (e): 

21 ‘‘(e) ORGANIZATION.—The Joint Requirements Over22 sight Council shall conduct periodic reviews of joint mili23 tary requirements within a core mission area of the De24 partment of Defense. In any such review of a core mission 


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1 area, the officer or official assigned to lead the review shall 

2 have a deputy from a different military department.’’. 

3 (d) DEFINITIONS.—Section 181 of such title is fur4 ther amended by adding at the end the following new sub5 section: 

6 ‘‘(g) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘joint military requirement’ 

8 means a capability necessary to fulfill a gap in a 

9 core mission area of the Department of Defense. 

10 ‘‘(2) The term ‘core mission area’ means a core 

11 mission area of the Department of Defense identi12 fied under the most recent quadrennial roles and 

13 missions review pursuant to section 118b of this 

14 title.’’. 

15 (e) CONSULTATION.—Section 2433(e)(2) of such title 

16 is amended by inserting ‘‘, after consultation with the 

17 Joint Requirements Oversight Council regarding program 

18 requirements,’’ after ‘‘Secretary of Defense’’ in the matter 

19 preceding subparagraph (A). 

20 (f) DEADLINES.—Effective June 1, 2009, all joint 

21 military requirements documents of the Joint Require22 ments Oversight Council produced to carry out its mission 

23 under section 181(b)(1) of title 10, United States Code, 

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1 tober 1, 2009, all such documents produced before June 

2 1, 2009, shall reference such structure. 

3 SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR 

4 SYSTEMS PRIOR TO TECHNOLOGY DEVELOP5 MENT. 

6 (a) REQUIREMENT FOR CERTIFICATION.— 

7 (1) IN GENERAL.—Chapter 139 of title 10, 

8 United States Code, is amended by inserting after 

9 section 2366a the following new section: 

10 ‘‘§ 2366b. Major defense acquisition programs: certifi11 cation required before Milestone A or 

12 Key Decision Point A approval 

13 ‘‘(a) CERTIFICATION.—A major defense acquisition 

14 program may not receive Milestone A approval, or Key 

15 Decision Point A approval in the case of a space program, 

16 until the Milestone Decision Authority certifies, after con17 sultation with the Joint Requirements Oversight Council 

18 on matters related to program requirements and military 

19 needs— 

20 ‘‘(1) that the system fulfills an approved initial 

21 capabilities document; 

22 ‘‘(2) that the system is being executed by an 

23 entity with a relevant core competency as identified 

24 by the Secretary of Defense under section 118b of 

25 this title; 


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1 ‘‘(3) if the system duplicates a capability al2 ready provided by an existing system, the duplica3 tion provided by such system is necessary and ap4 propriate; and 

5 ‘‘(4) that a cost estimate for the system has 

6 been submitted and that the level of resources re7 quired to develop and procure the system is con8 sistent with the priority level assigned by the Joint 

9 Requirements Oversight Council. 

10 ‘‘(b) NOTIFICATION.—With respect to a major sys11 tem certified by the Milestone Decision Authority under 

12 subsection (a), if the projected cost of the system, at any 

13 time prior to Milestone B approval, exceeds the cost esti14 mate for the system submitted at the time of the certifi15 cation by at least 25 percent, the program manager for 

16 the system concerned shall notify the Milestone Decision 

17 Authority. The Milestone Decision Authority, in consulta18 tion with the Joint Requirements Oversight Council on 

19 matters related to program requirements and military 

20 needs, shall determine whether the level of resources re21 quired to develop and procure the system remains con22 sistent with the priority level assigned by the Joint Re23 quirements Oversight Council. The Milestone Decision Au24 thority may withdraw the certification concerned or re25 scind Milestone A approval (or Key Decision Point A apVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 proval in the case of a space program) if the Milestone 

2 Decision Authority determines that such action is in the 

3 interest of national defense. 

4 ‘‘ (c)DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘major system’ has the meaning 

6 provided in section 2302(5) of this title. 

7 ‘‘(2) The term ‘initial capabilities document’ 

8 means any capabilities requirement document ap9 proved by the Joint Requirements Oversight Council 

10 that establishes the need for a materiel approach to 

11 resolve a capability gap. 

12 ‘‘(3) The term ‘technology development pro13 gram’ means a coordinated effort to assess tech14 nologies and refine user performance parameters to 

15 fulfill a capability gap identified in an initial capa16 bilities document. 

17 ‘‘(4) The term ‘entity’ means an entity listed in 

18 section 125a(a) of this title. 

19 ‘‘(5) The term ‘Milestone B approval’ has the 

20 meaning provided that term in section 2366(e)(7) of 

21 this title.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 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.’’. 


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1 (b) REVIEW OF DEPARTMENT OF DEFENSE ACQUISI2 TION DIRECTIVES.—Not later than 180 days after the 

3 date of the enactment of this Act, the Secretary of Defense 

4 shall review Department of Defense Directive 5000.1 and 

5 associated guidance, and the manner in which such direc6 tive and guidance have been implemented, and take appro7 priate steps to ensure that the Department does not com8 mence a technology development program for a major 

9 weapon system without Milestone A approval (or Key De10 cision Point A approval in the case of a space program). 

11 (c) EFFECTIVE DATE.—Section 2366b of title 10, 

12 United States Code, as added by subsection (a), shall 

13 apply to major systems on and after March 1, 2008. 

14 SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION 

15 BUDGET BY CORE MISSION AREA. 

16 (a) TIME OF SUBMISSION OF FUTURE-YEARS MIS17 SION BUDGET.—The second sentence of section 222(a) of 

18 title 10, United States Code, is amended to read as fol19 lows: ‘‘That budget shall be submitted for any fiscal year 

20 with the future-years defense program submitted under 

21 section 221 of this title.’’. 

22 (b) ORGANIZATION OF FUTURE-YEARS MISSION

23 BUDGET.—The second sentence of section 222(b) of such 

24 title is amended by striking ‘‘on the basis’’ and all that 

25 follows through the end of the sentence and inserting the 


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1 following: ‘‘on the basis of both major force programs and 

2 the core mission areas identified under the most recent 

3 quadrennial roles and missions review pursuant to section 

4 118b of this title.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply with respect to the future-years 

7 mission budget for fiscal year 2010 and each fiscal year 

8 thereafter. 

9 Subtitle F—Other Matters 

10 SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF 

11 EFFECT OF CLIMATE CHANGE ON DEPART12 MENT FACILITIES, CAPABILITIES, AND MIS13 SIONS. 

14 (a) CONSIDERATION OF CLIMATE CHANGE EF15 FECT.—Section 118 of title 10, United States Code, is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE

19 CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, 

20 AND MISSIONS.—(1) The first national security strategy 

21 and national defense strategy prepared after the date of 

22 the enactment of the National Defense Authorization Act 

23 for Fiscal Year 2008 shall include guidance for military 

24 planners— 


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1 ‘‘(A) to assess the risks of projected climate 

2 change to current and future missions of the armed 

3 forces; 

4 ‘‘(B) to update defense plans based on these as5 sessments, including working with allies and part6 ners to incorporate climate mitigation strategies, ca7 pacity building, and relevant research and develop8 ment; and 

9 ‘‘(C) to develop the capabilities needed to re10 duce future impacts. 

11 ‘‘(2) The first quadrennial defense review prepared 

12 after the date of the enactment of the National Defense 

13 Authorization Act for Fiscal Year 2008 shall also examine 

14 the capabilities of the armed forces to respond to the con15 sequences of climate change, in particular, preparedness 

16 for natural disasters from extreme weather events and 

17 other missions the armed forces may be asked to support 

18 inside the United States and overseas. 

19 ‘‘(3) For planning purposes to comply with the re20 quirements of this subsection, the Secretary of Defense 

21 shall use— 

22 ‘‘(A) the mid-range projections of the fourth as23 sessment report of the Intergovernmental Panel on 

24 Climate Change; 


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1 ‘‘(B) subsequent mid-range consensus climate 

2 projections if more recent information is available 

3 when the next national security strategy, national 

4 defense strategy, or quadrennial defense review, as 

5 the case may be, is conducted; and 

6 ‘‘(C) findings of appropriate and available esti7 mations or studies of the anticipated strategic, so8 cial, political, and economic effects of global climate 

9 change and the implications of such effects on the 

10 national security of the United States. 

11 ‘‘(4) In this subsection, the term ‘national security 

12 strategy’ means the annual national security strategy re13 port of the President under section 108 of the National 

14 Security Act of 1947 (50 U.S.C. 404a).’’. 

15 (b) IMPLEMENTATION.—The Secretary of Defense 

16 shall ensure that subsection (g) of section 118 of title 10, 

17 United States Code, as added by subsection (a), is imple18 mented in a manner that does not have a negative impact 

19 on the national security of the United States. 

20 SEC. 952. INTERAGENCY POLICY COORDINATION. 

21 (a) PLAN REQUIRED.—Not later than 180 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Defense shall develop and submit to Congress a plan to 

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1 pation in and contribution to the interagency coordination 

2 process on national security issues. 

3 (b) ELEMENTS.—The elements of the plan shall in4 clude the following: 

5 (1) Assigning either the Under Secretary of De6 fense for Policy or another official to be the lead pol7 icy official for improving and reforming the inter8 agency coordination process on national security 

9 issues for the Department of Defense, with an expla10 nation of any decision to name an official other than 

11 the Under Secretary and the relative advantages and 

12 disadvantages of such decision. 

13 (2) Giving the official assigned under para14 graph (1) the following responsibilities: 

15 (A) To be the lead person at the Depart16 ment of Defense for the development of policy 

17 affecting the national security interagency proc18 ess. 

19 (B) To serve, or designate a person to 

20 serve, as the representative of the Department 

21 of Defense in Federal Government forums es22 tablished to address interagency policy, plan23 ning, or reforms. 

24 (C) To advocate, on behalf of the Sec25 retary, for greater interagency coordination and 


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1 contributions in the execution of the National 

2 Security Strategy and particularly specific oper3 ational objectives undertaken pursuant to that 

4 strategy. 

5 (D) To make recommendations to the Sec6 retary of Defense on changes to existing De7 partment of Defense regulations or laws to im8 prove the interagency process. 

9 (E) To serve as the coordinator for all 

10 planning and training assistance that is— 

11 (i) designed to improve the inter12 agency process or the capabilities of other 

13 agencies to work with the Department of 

14 Defense; and 

15 (ii) provided by the Department of 

16 Defense at the request of other agencies. 

17 (F) To serve as the lead official in Depart18 ment of Defense for the development of 

19 deployable joint interagency task forces. 

20 (c) FACTORS TO BE CONSIDERED.—In drafting the 

21 plan, the Secretary of Defense shall also consider the fol22 lowing factors: 

23 (1) How the official assigned under subsection 

24 (b)(1) shall provide input to the Secretary of De25 fense on an ongoing basis on how to incorporate the 


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1 need to coordinate with other agencies into the es2 tablishment and reform of combatant commands. 

3 (2) How such official shall develop and make 

4 recommendations to the Secretary of Defense on a 

5 regular or an ongoing basis on changes to military 

6 and civilian personnel to improve interagency coordi7 nation. 

8 (3) How such official shall work with the com9 batant command that has the mission for joint 

10 warfighting experimentation and other interested 

11 agencies to develop exercises to test and validate 

12 interagency planning and capabilities. 

13 (4) How such official shall lead, coordinate, or 

14 participate in after-action reviews of operations, 

15 tests, and exercises to capture lessons learned re16 garding the functioning of the interagency process 

17 and how those lessons learned will be disseminated. 

18 (5) The role of such official in ensuring that fu19 ture defense planning guidance takes into account 

20 the capabilities and needs of other agencies. 

21 (d) RECOMMENDATION ON CHANGES IN LAW.—The 

22 Secretary of Defense may submit with the plan or with 

23 any future budget submissions recommendations for any 

24 changes to law that are required to enhance the ability 

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1 partment of Defense to coordinate defense interagency ef2 forts or to improve the ability of the Department of De3 fense to work with other agencies. 

4 (e) ANNUAL REPORT.—If an official is named by the 

5 Secretary of Defense under subsection (b)(1), the official 

6 shall annually submit to Congress a report, beginning in 

7 the fiscal year following the naming of the official, on 

8 those actions taken by the Department of Defense to en9 hance national security interagency coordination, the 

10 views of the Department of Defense on efforts and chal11 lenges in improving the ability of agencies to work to12 gether, and suggestions on changes needed to laws or reg13 ulations that would enhance the coordination of efforts of 

14 agencies. 

15 (f) DEFINITION.—In this section, the term ‘‘inter16 agency coordination’’, within the context of Department 

17 of Defense involvement, means the coordination that oc18 curs between elements of the Department of Defense and 

19 engaged Federal Government agencies for the purpose of 

20 achieving an objective. 

21 (g) CONSTRUCTION.—Nothing in this provision shall 

22 be construed as preventing the Secretary of Defense from 

23 naming an official with the responsibilities listed in sub24 section (b) before the submission of the report required 

25 under this section. 


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1 SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE 

2 UNDER SERVICE AGREEMENTS UNDER NA3 TIONAL SECURITY EDUCATION PROGRAM. 

4 Paragraph (2) of subsection (b) of section 802 of the 

5 David L. Boren National Security Education Act of 1991 

6 (50 U.S.C. 1902), as most recently amended by section 

7 945 of the John Warner National Defense Authorization 

8 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

9 2367), is amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (i) by striking ‘‘or’’ at the 

12 end; and 

13 (B) by adding at the end the following: 

14 ‘‘(iii) for not less than one academic 

15 year in a position in the field of education 

16 in a discipline related to the study sup17 ported by the program if the recipient 

18 demonstrates to the Secretary of Defense 

19 that no position is available in the depart20 ments, agencies, and offices covered by 

21 clauses (i) and (ii); or’’; and 

22 (2) in subparagraph (B)— 

23 (A) in clause (i) by striking ‘‘or’’ at the 

24 end; 

25 (B) in clause (ii) by striking ‘‘and’’ at the 

26 end and inserting ‘‘or’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(iii) for not less than one academic 

3 year in a position in the field of education 

4 in a discipline related to the study sup5 ported by the program if the recipient 

6 demonstrates to the Secretary of Defense 

7 that no position is available in the depart8 ments, agencies, and offices covered by 

9 clauses (i) and (ii); and’’. 

10 SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERV11 ICES UNIVERSITY OF THE HEALTH SCIENCES. 

12 (a) REORGANIZATION AND AMENDMENT OF BOARD

13 OF REGENTS PROVISIONS.— 

14 (1) IN GENERAL.—Chapter 104 of title 10, 

15 United States Code, is amended by inserting after 

16 section 2113 the following new section: 

17 ‘‘§ 2113a. Board of Regents 

18 ‘‘(a) IN GENERAL.—To assist the Secretary of De19 fense in an advisory capacity, there is a Board of Regents 

20 of the University. 

21 ‘‘(b) MEMBERSHIP.—The Board shall consist of— 

22 ‘‘(1) nine persons outstanding in the fields of 

23 health and health education who shall be appointed 

24 from civilian life by the Secretary of Defense; 


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1 ‘‘(2) the Secretary of Defense, or his designee, 

2 who shall be an ex officio member; 

3 ‘‘(3) the surgeons general of the uniformed 

4 services, who shall be ex officio members; and 

5 ‘‘(4) the President of the University, who shall 

6 be a nonvoting ex officio member. 

7 ‘‘(c) TERM OF OFFICE.—The term of office of each 

8 member of the Board (other than ex officio members) shall 

9 be six years except that— 

10 ‘‘(1) any member appointed to fill a vacancy oc11 curring before the expiration of the term for which 

12 his predecessor was appointed shall be appointed for 

13 the remainder of such term; and 

14 ‘‘(2) any member whose term of office has ex15 pired shall continue to serve until his successor is 

16 appointed. 

17 ‘‘(d) CHAIRMAN.—One of the members of the Board 

18 (other than an ex officio member) shall be designated by 

19 the Secretary as Chairman. He shall be the presiding offi20 cer of the Board. 

21 ‘‘(e) COMPENSATION.—Members of the Board (other 

22 than ex officio members) while attending conferences or 

23 meetings or while otherwise performing their duties as 

24 members shall be entitled to receive compensation at a 

25 rate to be fixed by the Secretary and shall also be entitled 


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1 to receive an allowance for necessary travel expenses while 

2 so serving away from their place of residence. 

3 ‘‘(f) MEETINGS.—The Board shall meet at least once 

4 a quarter.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of such chapter is amended 

7 by adding at the end the following new item: 

‘‘2113a. Board of Regents.’’. 

8 (3) CONFORMING AMENDMENTS.— 

9 (A) Section 2113 of title 10, United States 

10 Code, is amended— 

11 (i) in subsection (a), by striking ‘‘To 

12 assist’’ and all that follows through the 

13 end of paragraph (4); 

14 (ii) by striking subsections (b), (c), 

15 and (e); 

16 (iii) by redesignating subsections (d), 

17 (f), (g), (h), (i), and (j) as subsections (b), 

18 (c), (d), (e), (f), and (g), respectively; and 

19 (iv) in subsection (b), as so redesig20 nated, by striking ‘‘who shall also serve as 

21 a nonvoting ex officio member of the 

22 Board’’. 

23 (B) Section 2114(h) of such title is amend24 ed by striking ‘‘2113(h)’’ and inserting 

25 ‘‘2113(e)’’. 


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1 (b) STATUTORY REDESIGNATION OF DEAN AS PRESI2 DENT.— 

3 (1) Subsection 2113 of such title is further 

4 amended by striking ‘‘Dean’’ each place it appears 

5 in subsections (b) and (c)(1), as redesignated by 

6 subsection (a)(3), and inserting ‘‘President’’. 

7 (2) Section 2114(e) of such title is amended by 

8 striking ‘‘Dean’’ each place it appears in paragraphs 

9 (3) and (5). 

10 SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE 

11 SCHOOL OF NURSING. 

12 (a) ESTABLISHMENT PLAN REQUIRED.—Not later 

13 than February 1, 2008, the Secretary of Defense shall 

14 submit to the congressional defense committees a plan to 

15 establish a School of Nursing within the Uniformed Serv16 ices University of the Health Sciences. The Secretary shall 

17 develop the plan in consultation with the Board of Regents 

18 of the Uniformed Services University of the Health 

19 Sciences and submit the plan to the Board of Regents for 

20 review and to solicit the Board’s recommendations. 

21 (b) PROGRAMS OF INSTRUCTION.—In consultation 

22 with the Secretaries of the military departments, the Sec23 retary of Defense shall include in the plan required by sub24 section (a) programs of instruction for the School of Nurs25 ing that would lead to the award of a bachelor of science 


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1 in nursing and such other baccalaureate or graduate de2 grees in nursing as the Secretary considers appropriate. 

3 The plan shall also address the enrollment as students of 

4 enlisted members and officers of the Armed Forces and 

5 civilians for the purpose of commissioning them as mili6 tary nursing officers upon graduation. The graduates of 

7 such a program of instruction shall be fully eligible to meet 

8 credentialing and licensing requirements of the military 

9 departments and at least one State in their program of 

10 study. 

11 (c) CONSIDERATION OF CERTAIN PROGRAMS.—In 

12 developing the plan under subsection (a), the Secretary 

13 shall consider the inclusion of the following types of pro14 grams: 

15 (1) A program to enroll students who already 

16 possess an associate degree in nursing so that they 

17 can earn a bachelor of science in nursing. 

18 (2) A program to enroll students who already 

19 possess other associate degrees so that they can earn 

20 a bachelor of science in nursing. 

21 (3) A program to enroll students who already 

22 possess an associate degree in nursing so that they 

23 can earn a master of science in nursing. 


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1 (4) A program to enroll students who already 

2 possess a bachelor of science in nursing so that they 

3 can earn a master of science in nursing. 

4 (d) OTHER CONSIDERATIONS.—The plan required by 

5 subsection (a) shall also include the following: 

6 (1) The results of a study of the nursing short7 age in the Department of Defense and the reasons 

8 for such shortages. 

9 (2) Details of the curriculum and degree re10 quirements for each category of students at the 

11 School of Nursing, if established. 

12 (3) An analysis of the contributions to overall 

13 medical readiness that will be made by the School of 

14 Nursing. 

15 (4) Proposals for the development of the School 

16 of Nursing to be phased in over a period of time. 

17 (5) Faculty requirements based on degree re18 quirements and numbers of projected students, to 

19 include the source and number of faculty required. 

20 (6) Projected number of graduates per year for 

21 each of the first 15 years of operation. 

22 (7) Predicted accession sources, military career 

23 paths, and service commitments and retention rates 

24 of School of Nursing graduates, to include the reten25 tion of enlisted personnel accessed into the school. 


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1 (8) Administrative and instructional facilities 

2 required, and the likely initial and final location of 

3 clinical training institutions. 

4 (9) Plan for accreditation by a nationally recog5 nized nursing school accrediting body. 

6 (10) Projected faculty, administration, instruc7 tion, and facilities costs for the School of Nursing 

8 beginning in fiscal year 2009 and continuing 

9 through fiscal year 2024, including the cost analysis 

10 of developing the School of Nursing and the cost of 

11 additional administrative support for the Uniformed 

12 Services University of the Health Sciences on ac13 count of the establishment of the school. 

14 (e) EFFECT ON CURRENT PROGRAMS.—Notwith15 standing the development of the plan under subsection (a), 

16 the Secretary shall ensure that graduate degree programs 

17 in nursing, including advanced practice nursing, continue. 

18 (f) EFFECT ON OTHER RECRUITMENT EFFORTS.— 

19 Nothing in this section shall be construed as limiting or 

20 terminating any current or future program related to the 

21 recruitment, accession, training, or retention of military 

22 nurses. 

23 (g) ESTABLISHMENT AUTHORITY.— 


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1 (1) ESTABLISHMENT.—Chapter 104 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 2117. School of Nursing 

5 ‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary 

6 of Defense may establish a School of Nursing within the 

7 University. The School of Nursing may include a program 

8 that awards a bachelor of science in nursing. 

9 ‘‘(b) PHASED DEVELOPMENT.—The School of Nurs10 ing may be developed in phases as determined appropriate 

11 by the Secretary.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding at the end the following new item: 

‘‘2117. School of Nursing.’’. 

15 SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMI16 SPHERE COMBATANT COMMANDS IN BOARD 

17 OF VISITORS OF WESTERN HEMISPHERE IN18 STITUTE FOR SECURITY COOPERATION. 

19 Subparagraph (F) of section 2166(e)(1) of title 10, 

20 United States Code, is amended to read as follows: 

21 ‘‘(F) The commanders of the combatant com22 mands having geographic responsibility for the 

23 Western Hemisphere, or the designees of those offi24 cers.’’. 


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1 SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REOR2 GANIZATION OF THE OFFICE OF THE UNDER 

3 SECRETARY OF DEFENSE FOR POLICY. 

4 (a) ASSESSMENT REQUIRED.—Not later than June 

5 1, 2008, the Comptroller General of the United States 

6 shall submit to the congressional defense committees a re7 port containing an assessment of the most recent reorga8 nization of the office of the Under Secretary of Defense 

9 for Policy, including an assessment with respect to the 

10 matters set forth in subsection (b). 

11 (b) MATTERS TO BE ASSESSED.—The matters to be 

12 included in the assessment required by subsection (a) are 

13 as follows: 

14 (1) The manner in which the reorganization of 

15 the office furthers, or will further, its stated pur16 poses in the short-term and long-term, including the 

17 manner in which the reorganization enhances, or will 

18 enhance, the ability of the Department of Defense— 

19 (A) to address current security priorities, 

20 including on-going military operations in Iraq, 

21 Afghanistan, and elsewhere; 

22 (B) to manage geopolitical defense rela23 tionships; and 

24 (C) to anticipate future strategic shifts in 

25 those relationships. 


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1 (2) The manner in which and the extent to 

2 which the reorganization adheres to generally accept3 ed principles of effective organization, such as estab4 lishing clear goals, identifying clear lines of author5 ity and accountability, and developing an effective 

6 human capital strategy. 

7 (3) The extent to which the Department has de8 veloped detailed implementation plans for the reor9 ganization, and the current status of the implemen10 tation of all aspects of the reorganization. 

11 (4) The extent to which the Department has 

12 worked to mitigate congressional concerns and ad13 dress other challenges that have arisen since the re14 organization was announced. 

15 (5) The manner in which the Department plans 

16 to evaluate progress in achieving the stated goals of 

17 the reorganization and what measurements, if any, 

18 the Department has established to assess the results 

19 of the reorganization. 

20 (6) The impact of the large increase in respon21 sibilities for the Assistant Secretary of Defense for 

22 Special Operations and Low Intensity Conflict and 

23 Interdependent Capabilities under the reorganization 

24 on the ability of the Assistant Secretary to carry out 


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1 the principal duties of the Assistant Secretary under 

2 law. 

3 (7) The possible decrease in attention given to 

4 special operations issues resulting from the increase 

5 in responsibilities for the Assistant Secretary of De6 fense for Special Operations and Low Intensity Con7 flict and Interdependent Capabilities, including re8 sponsibility under the reorganization for each of the 

9 following: 

10 (A) Strategic capabilities. 

11 (B) Forces transformation. 

12 (C) Major budget programs. 

13 (8) The possible diffusion of attention from 

14 counternarcotics, counterproliferation, and global 

15 threat issues resulting from the merging of those re16 sponsibilities under a single Deputy Assistant Sec17 retary of Defense for Counternarcotics, 

18 Counterproliferation, and Global Threats. 

19 (9) The impact of the reorganization on coun20 ternarcotics program execution. 

21 (10) The unique placement under the reorga22 nization of both functional and regional issue re23 sponsibilities under the Assistant Secretary of De24 fense for Homeland Defense and Americas’ Security 

25 Affairs. 


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1 (11) The differentiation between the respon2 sibilities of the Deputy Assistant Secretary of De3 fense for Partnership Strategy and the Deputy As4 sistant Secretary of Defense for Coalition Affairs 

5 and the relationship between such officials. 

6 SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY. 

7 (a) IN GENERAL.—Not later than 240 days after the 

8 date of the enactment of this Act, and annually thereafter 

9 until the date referred to in subsection (d), the Secretary 

10 of Defense, in conjunction with the Secretary of each mili11 tary department, shall submit to the congressional defense 

12 committees a report on the foreign language proficiency 

13 of the personnel of the Department of Defense. 

14 (b) CONTENTS.—Each report submitted under sub15 section (a) shall include— 

16 (1) the number of positions, identified by each 

17 foreign language and dialect, for each military de18 partment and Defense Agency concerned that— 

19 (A) require proficiency in that foreign lan20 guage or dialect for the year in which the sub21 mission of the report is required; 

22 (B) are anticipated to require proficiency 

23 in that foreign language or dialect for each of 

24 the five years following the date of the submis25 sion of the report; and 


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1 (C) are authorized in the future-years de2 fense plan to be maintained for proficiency in a 

3 foreign language or dialect; 

4 (2) the number of personnel for each military 

5 department and Defense Agency, identified by each 

6 foreign language and dialect, that are serving in a 

7 position that requires proficiency in the foreign lan8 guage or dialect— 

9 (A) to perform the primary duty of the po10 sition; and 

11 (B) that meet the required level of pro12 ficiency of the Interagency Language Round13 table; 

14 (3) the number of personnel for each military 

15 department and Defense Agency, identified by each 

16 foreign language and dialect, that are recruited or 

17 hired as accessions to serve in a position that re18 quires proficiency in the foreign language or dialect; 

19 (4) the number of personnel for each military 

20 department and Defense Agency, identified by each 

21 foreign language and dialect, that served in a posi22 tion that requires proficiency in the foreign language 

23 or dialect and discontinued service during the pre24 ceding calendar year; 


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1 (5) the number of positions that require pro2 ficiency in a foreign language or dialect that are ful3 filled by contractors; 

4 (6) the percentage of work requiring linguistic 

5 skills that is fulfilled by personnel of the intelligence 

6 community (as defined in section 3(4) of the Na7 tional Security Act of 1947 (50 U.S.C. 401a(4))); 

8 and 

9 (7) an assessment of the foreign language ca10 pacity and capabilities of each military department 

11 and Defense Agency and of the Department of De12 fense as a whole. 

13 (c) NON-MILITARY PERSONNEL.—Except as pro14 vided in paragraphs (6) and (7) of subsection (b), a report 

15 submitted under subsection (a) shall cover only members 

16 of the Armed Forces on active duty and reserve duty as17 signed to the military departments concerned or to the De18 partment of Defense. 

19 (d) TERMINATION OF REQUIREMENT.—The duty to 

20 submit a report under subsection (a) shall terminate on 

21 December 31, 2013. 

22 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. 


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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 counterdrug 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. 

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 


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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. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 


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1 2008 between any such authorizations for that fiscal 

2 year (or any subdivisions thereof). Amounts of au3 thorizations so transferred shall be merged with and 

4 be available for the same purposes as the authoriza5 tion to which transferred. 

6 (2) LIMITATION.—Except as provided in para7 graph (3), the total amount of authorizations that 

8 the Secretary may transfer under the authority of 

9 this section may not exceed $5,000,000,000. 

10 (3) EXCEPTION FOR TRANSFERS BETWEEN

11 MILITARY PERSONNEL AUTHORIZATIONS.—A trans12 fer of funds between military personnel authoriza13 tions under title IV shall not be counted toward the 

14 dollar limitation in paragraph (2). 

15 (b) LIMITATIONS.—The authority provided by this 

16 section to transfer authorizations— 

17 (1) may only be used to provide authority for 

18 items that have a higher priority than the items 

19 from which authority is transferred; and 

20 (2) may not be used to provide authority for an 

21 item that has been denied authorization by Con22 gress. 

23 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

24 transfer made from one account to another under the au25 thority of this section shall be deemed to increase the 


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1 amount authorized for the account to which the amount 

2 is transferred by an amount equal to the amount trans3 ferred. 

4 (d) NOTICE TO CONGRESS.—The Secretary shall 

5 promptly notify Congress of each transfer made under 

6 subsection (a). 

7 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM8 MON-FUNDED BUDGETS IN FISCAL YEAR 2008. 

9 (a) FISCAL YEAR 2008 LIMITATION.—The total 

10 amount contributed by the Secretary of Defense in fiscal 

11 year 2008 for the common-funded budgets of NATO may 

12 be any amount up to, but not in excess of, the amount 

13 specified in subsection (b) (rather than the maximum 

14 amount that would otherwise be applicable to those con15 tributions under the fiscal year 1998 baseline limitation). 

16 (b) TOTAL AMOUNT.—The amount of the limitation 

17 applicable under subsection (a) is the sum of the following: 

18 (1) The amounts of unexpended balances, as of 

19 the end of fiscal year 2007, of funds appropriated 

20 for fiscal years before fiscal year 2008 for payments 

21 for those budgets. 

22 (2) The amount specified in subsection (c)(1). 

23 (3) The amount specified in subsection (c)(2). 

24 (4) The total amount of the contributions au25 thorized to be made under section 2501. 


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1 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

2 be appropriated by titles II and III of this Act are avail3 able for contributions for the common-funded budgets of 

4 NATO as follows: 

5 (1) Of the amount provided in section 201(1), 

6 $1,031,000 for the Civil Budget. 

7 (2) Of the amount provided in section 301(1), 

8 $362,159,000 for the Military Budget. 

9 (d) DEFINITIONS.—For purposes of this section: 

10 (1) COMMON-FUNDED BUDGETS OF NATO.— 

11 The term ‘‘common-funded budgets of NATO’’ 

12 means the Military Budget, the Security Investment 

13 Program, and the Civil Budget of the North Atlantic 

14 Treaty Organization (and any successor or addi15 tional account or program of NATO). 

16 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

17 The term ‘‘fiscal year 1998 baseline limitation’’ 

18 means the maximum annual amount of Department 

19 of Defense contributions for common-funded budgets 

20 of NATO that is set forth as the annual limitation 

21 in section 3(2)(C)(ii) of the resolution of the Senate 

22 giving the advice and consent of the Senate to the 

23 ratification of the Protocols to the North Atlantic 

24 Treaty of 1949 on the Accession of Poland, Hun25 gary, and the Czech Republic (as defined in section 


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1 4(7) of that resolution), approved by the Senate on 

2 April 30, 1998. 

3 SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY 

4 SUPPLEMENTAL APPROPRIATIONS FOR FIS5 CAL YEAR 2007. 

6 Amounts authorized to be appropriated to the De7 partment of Defense for fiscal year 2007 in the John War8 ner National Defense Authorization Act for Fiscal Year 

9 2007 (Public Law 109–364) are hereby adjusted, with re10 spect to any such authorized amount, by the amount by 

11 which appropriations pursuant to such authorization are 

12 increased by a supplemental appropriation or by a transfer 

13 of funds, or decreased by a rescission, or any thereof, pur14 suant to the U.S. Troop Readiness, Veterans’ Care, 

15 Katrina Recovery, and Iraq Accountability Appropriations 

16 Act, 2007 (Public Law 110–28). 

17 SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL 

18 TRANSFER AUTHORITY. 

19 Section 1001(a) of the John Warner National De20 fense Authorization Act for Fiscal Year 2007 (Public Law 

21 109–364; 120 Stat. 2371) is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.— 

24 The following transfers of funds shall be not be 

25 counted toward the limitation in paragraph (2) on 


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1 the amount that may be transferred under this sec2 tion: 

3 ‘‘(A) The transfer of funds to the Iraq Se4 curity Forces Fund under reprogramming 

5 FY07–07–R PA. 

6 ‘‘(B) The transfer of funds to the Joint 

7 Improvised Explosive Device Defeat Fund 

8 under reprogramming FY07–11 PA. 

9 ‘‘(C) The transfer of funds back from the 

10 accounts referred to in subparagraphs (A) and 

11 (B) to restore the sources used in the 

12 reprogrammings referred to in such subpara13 graphs.’’. 

14 SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION 

15 INITIATIVE FOR THE DEFENSE AGENCIES. 

16 (a) FINANCIAL MANAGEMENT TRANSFORMATION

17 INITIATIVE.— 

18 (1) IN GENERAL.—The Director of the Busi19 ness Transformation Agency of the Department of 

20 Defense shall carry out an initiative for financial 

21 management transformation in the Defense Agen22 cies. The initiative shall be known as the ‘‘Defense 

23 Agencies Initiative’’ (in this section referred to as 

24 the ‘‘Initiative’’). 


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1 (2) SCOPE OF AUTHORITY.—In carrying out the 

2 Initiative, the Director of the Business Trans3 formation Agency may require the heads of the De4 fense Agencies to carry out actions that are within 

5 the purpose and scope of the Initiative. 

6 (b) PURPOSES.—The purposes of Initiative shall be 

7 as follows: 

8 (1) To eliminate or replace financial manage9 ment systems of the Defense Agencies that are du10 plicative, redundant, or fail to comply with the 

11 standards set forth in subsection (d). 

12 (2) To transform the budget, finance, and ac13 counting operations of the Defense Agencies to en14 able the Defense Agencies to achieve accurate and 

15 reliable financial information needed to support fi16 nancial accountability and effective and efficient 

17 management decisions. 

18 (c) REQUIRED ELEMENTS.—The Initiative shall in19 clude, to the maximum extent practicable— 

20 (1) the utilization of commercial, off-the-shelf 

21 technologies and web-based solutions; 

22 (2) a standardized technical environment and 

23 an open and accessible architecture; and 


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1 (3) the implementation of common business 

2 processes, shared services, and common data struc3 tures. 

4 (d) STANDARDS.—In carrying out the Initiative, the 

5 Director of the Business Transformation Agency shall en6 sure that the Initiative is consistent with— 

7 (1) the requirements of the Business Enterprise 

8 Architecture and Transition Plan developed pursu9 ant to section 2222 of title 10, United States Code; 

10 (2) the Standard Financial Information Struc11 ture of the Department of Defense; 

12 (3) the Federal Financial Management Im13 provement Act of 1996 (and the amendments made 

14 by that Act); and 

15 (4) other applicable requirements of law and 

16 regulation. 

17 (e) SCOPE.—The Initiative shall be designed to pro18 vide, at a minimum, capabilities in the major process areas 

19 for both general fund and working capital fund operations 

20 of the Defense Agencies as follows: 

21 (1) Budget formulation. 

22 (2) Budget to report, including general ledger 

23 and trial balance. 

24 (3) Procure to pay, including commitments, ob25 ligations, and accounts payable. 


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1 (4) Order to fulfill, including billing and ac2 counts receivable. 

3 (5) Cost accounting. 

4 (6) Acquire to retire (account management). 

5 (7) Time and attendance and employee entitle6 ment. 

7 (8) Grants financial management. 

8 (f) CONSULTATION.—In carrying out subsections (d) 

9 and (e), the Director of the Business Transformation 

10 Agency shall consult with the Comptroller of the Depart11 ment of Defense to ensure that any financial management 

12 systems developed for the Defense Agencies, and any 

13 changes to the budget, finance, and accounting operations 

14 of the Defense Agencies, are consistent with the financial 

15 standards and requirements of the Department of De16 fense. 

17 (g) PROGRAM CONTROL.—In carrying out the Initia18 tive, the Director of the Business Transformation Agency 

19 shall establish— 

20 (1) a board (to be known as the ‘‘Configuration 

21 Control Board’’) to manage scope and cost changes 

22 to the Initiative; and 

23 (2) a program management office (to be known 

24 as the ‘‘Program Management Office’’) to control 

25 and enforce assumptions made in the acquisition 


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1 plan, the cost estimate, and the system integration 

2 contract for the Initiative, as directed by the Con3 figuration Control Board. 

4 (h) PLAN ON DEVELOPMENT AND IMPLEMENTATION

5 OF INITIATIVE.—Not later than six months after the date 

6 of the enactment of this Act, the Director of the Business 

7 Transformation Agency shall submit to the congressional 

8 defense committees a plan for the development and imple9 mentation of the Initiative. The plan shall provide for the 

10 implementation of an initial capability under the Initiative 

11 as follows: 

12 (1) In at least one Defense Agency by not later 

13 than eight months after the date of the enactment 

14 of this Act. 

15 (2) In not less than five Defense Agencies by 

16 not later than 18 months after the date of the enact17 ment of this Act. 

18 SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR 

19 BUDGET CYCLE FOR THE DEPARTMENT OF 

20 DEFENSE. 

21 Section 1405 of the Department of Defense Author22 ization Act, 1986 (Public Law 99–145; 99 Stat. 744; 31 

23 U.S.C. 1105 note) is repealed. 


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1 Subtitle B—Policy Relating to 

2 Vessels and Shipyards 

3 SEC. 1011. LIMITATION ON LEASING OF VESSELS. 

4 Section 2401 of title 10, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(h) The Secretary of a military department may 

8 make a contract for the lease of a vessel or for the provi9 sion of a service through use by a contractor of a vessel, 

10 the term of which is for a period of greater than two years, 

11 but less than five years, only if— 

12 ‘‘(1) the Secretary has notified the Committee 

13 on Armed Services and the Committee on Appro14 priations of the Senate and the Committee on 

15 Armed Services and the Committee on Appropria16 tions of the House of Representatives of the pro17 posed contract and included in such notification— 

18 ‘‘(A) a detailed description of the terms of 

19 the proposed contract and a justification for en20 tering into the proposed contract rather than 

21 obtaining the capability provided for by the 

22 lease, charter, or services involved through pur23 chase of the vessel; 

24 ‘‘(B) a determination that entering into 

25 the proposed contract as a means of obtaining 


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1 the vessel is the most cost-effective means of 

2 obtaining such vessel; and 

3 ‘‘(C) a plan for meeting the requirement 

4 provided by the proposed contract upon comple5 tion of the term of the lease contract; and 

6 ‘‘(2) a period of 30 days of continuous session 

7 of Congress has expired following the date on which 

8 notice was received by such committees.’’. 

9 SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VES10 SELS OF THE STRIKE FORCES OF THE 

11 UNITED STATES NAVY. 

12 (a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is 

13 the policy of the United States to construct the major 

14 combatant vessels of the strike forces of the United States 

15 Navy, including all new classes of such vessels, with inte16 grated nuclear power systems. 

17 (b) REQUIREMENT TO REQUEST NUCLEAR VES18 SELS.—If a request is submitted to Congress in the budget 

19 for a fiscal year for construction of a new class of major 

20 combatant vessel for the strike forces of the United States, 

21 the request shall be for such a vessel with an integrated 

22 nuclear power system, unless the Secretary of Defense 

23 submits with the request a notification to Congress that 

24 the inclusion of an integrated nuclear power system in 

25 such vessel is not in the national interest. 


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1 (c) DEFINITIONS.—In this section: 

2 (1) MAJOR COMBATANT VESSELS OF THE

3 STRIKE FORCES OF THE UNITED STATES NAVY.— 

4 The term ‘‘major combatant vessels of the strike 

5 forces of the United States Navy’’ means the fol6 lowing: 

7 (A) Submarines. 

8 (B) Aircraft carriers. 

9 (C) Cruisers, battleships, or other large 

10 surface combatants whose primary mission in11 cludes protection of carrier strike groups, expe12 ditionary strike groups, and vessels comprising 

13 a sea base. 

14 (2) INTEGRATED NUCLEAR POWER SYSTEM.— 

15 The term ‘‘integrated nuclear power system’’ means 

16 a ship engineering system that uses a naval nuclear 

17 reactor as its energy source and generates sufficient 

18 electric energy to provide power to the ship’s elec19 trical loads, including its combat systems and pro20 pulsion motors. 

21 (3) BUDGET.—The term ‘‘budget’’ means the 

22 budget that is submitted to Congress by the Presi23 dent under section 1105(a) of title 31, United States 

24 Code. 


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1 Subtitle C—Counter-Drug 

2 Activities 

3 SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK 

4 FORCES TO PROVIDE SUPPORT TO LAW EN5 FORCEMENT AGENCIES CONDUCTING 

6 COUNTER-TERRORISM ACTIVITIES. 

7 Section 1022(b) of the National Defense Authoriza8 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

9 U.S.C. 371 note) is amended by striking ‘‘and 2007’’ and 

10 inserting ‘‘through 2008’’. 

11 SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDI12 TIONAL SUPPORT FOR COUNTER-DRUG AC13 TIVITIES IN CERTAIN FOREIGN COUNTRIES. 

14 Subsection (b) of section 1033 of the National De15 fense Authorization Act for Fiscal Year 1998 (Public Law 

16 105–85; 111 Stat. 1881), as amended by section 1021(b) 

17 of the National Defense Authorization Act for Fiscal Year 

18 2004 (Public Law 108–136, 117 Stat. 1593) and section 

19 1022(b) of the John Warner National Defense Authoriza20 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

21 Stat. 2382), is further amended by adding at the end the 

22 following new paragraphs: 

23 ‘‘(17) The Government of Mexico. 

24 ‘‘(18) The Government of the Dominican Re25 public.’’. 


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1 SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE 

2 FOR THE GOVERNMENT OF HAITI. 

3 (a) REPORT REQUIRED.—Not later than 120 days 

4 after the date of the enactment of this Act, the President 

5 shall submit to Congress a report on counternarcotics as6 sistance for the Government of Haiti. 

7 (b) MATTERS TO BE INCLUDED.—The report re8 quired by subsection (a) shall include the following: 

9 (1) A description and assessment of the coun10 ternarcotics assistance provided to the Government 

11 of Haiti by the Department of Defense, the Depart12 ment of State, the Department of Homeland Secu13 rity, and the Department of Justice. 

14 (2) A description and assessment of any im15 pediments to increasing counternarcotics assistance 

16 to the Government of Haiti. 

17 (3) An assessment of the potential for the pro18 vision of counternarcotics assistance for the Govern19 ment of Haiti through the United Nations Stabiliza20 tion Mission in Haiti. 

21 (c) FORM.—The report required by subsection (a) 

22 shall be submitted in unclassified form, but may include 

23 a classified annex. 


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1 Subtitle D—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERV4 ICES TO FOREIGN MILITARY AND STATE AIR5 CRAFT. 

6 (a) PROVISION OF SUPPORT AND SERVICES.— 

7 (1) IN GENERAL.—Section 9626 of title 10, 

8 United States Code, is amended to read as follows: 

9 ‘‘§ 9626. Aircraft supplies and services: foreign mili10 tary or other state aircraft 

11 ‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON RE12 IMBURSABLE BASIS.—(1) The Secretary of the Air Force 

13 may, under such regulations as the Secretary may pre14 scribe and when in the best interests of the United States, 

15 provide any of the supplies or services described in para16 graph (2) to military and other state aircraft of a foreign 

17 country, on a reimbursable basis without an advance of 

18 funds, if similar supplies and services are furnished on a 

19 like basis to military aircraft and other state aircraft of 

20 the United States by the foreign country concerned. 

21 ‘‘(2) The supplies and services described in this para22 graph are supplies and services as follows: 

23 ‘‘(A) Routine airport services, including landing 

24 and takeoff assistance, servicing aircraft with fuel, 


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1 use of runways, parking and servicing, and loading 

2 and unloading of baggage and cargo. 

3 ‘‘(B) Miscellaneous supplies, including Air 

4 Force-owned fuel, provisions, spare parts, and gen5 eral stores, but not including ammunition. 

6 ‘‘(b) PROVISION OF ROUTINE AIRPORT SERVICES ON

7 NON-REIMBURSABLE BASIS.—(1) Routine airport serv8 ices may be provided under this section at no cost to a 

9 foreign country— 

10 ‘‘(A) if such services are provided by Air Force 

11 personnel and equipment without direct cost to the 

12 Air Force; or 

13 ‘‘(B) if such services are provided under an 

14 agreement with the foreign country that provides for 

15 the reciprocal furnishing by the foreign country of 

16 routine airport services, as defined in that agree17 ment, to military and other state aircraft of the 

18 United States without reimbursement. 

19 ‘‘(2) If routine airport services are provided under 

20 this section by a working-capital fund activity of the Air 

21 Force under section 2208 of this title and such activity 

22 is not reimbursed directly for the costs incurred by the 

23 activity in providing such services by reason of paragraph 

24 (1)(B), the working-capital fund activity shall be reimVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 bursed for such costs out of funds currently available to 

2 the Air Force for operation and maintenance.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 939 of such title 

5 is amended by striking the item relating to section 

6 9626 and inserting the following new item: 

‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’. 

7 (b) CONFORMING AMENDMENT.—Section 9629(3) of 

8 such title is amended by striking ‘‘for aircraft of a foreign 

9 military or air attache ́’’. 

10 SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN 

11 STRATEGIC AIRLIFT CAPABILITY PARTNER12 SHIP. 

13 (a) AUTHORITY TO PARTICIPATE IN PARTNER14 SHIP.— 

15 (1) MEMORANDUM OF UNDERSTANDING.—The 

16 Secretary of Defense may enter into a multilateral 

17 memorandum of understanding authorizing the Stra18 tegic Airlift Capability Partnership to conduct activi19 ties necessary to accomplish its purpose, including— 

20 (A) the acquisition, equipping, ownership, 

21 and operation of strategic airlift aircraft; and 

22 (B) the acquisition or transfer of airlift 

23 and airlift-related services and supplies among 

24 members of the Strategic Airlift Capability 

25 Partnership, or between the Partnership and 


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1 non-member countries or international organi2 zations, on a reimbursable basis or by replace3 ment-in-kind or exchange of airlift or airlift-re4 lated services of an equal value. 

5 (2) PAYMENTS.—From funds available to the 

6 Department of Defense for such purpose, the Sec7 retary of Defense may pay the United States equi8 table share of the recurring and non-recurring costs 

9 of the activities and operations of the Strategic Air10 lift Capability Partnership, including costs associ11 ated with procurement of aircraft components and 

12 spare parts, maintenance, facilities, and training, 

13 and the costs of claims. 

14 (b) AUTHORITIES UNDER PARTNERSHIP.—In car15 rying out the memorandum of understanding entered into 

16 under subsection (a), the Secretary of Defense may do the 

17 following: 

18 (1) Waive reimbursement of the United States 

19 for the cost of the following functions performed by 

20 Department of Defense personnel with respect to the 

21 Strategic Airlift Capability Partnership: 

22 (A) Auditing. 

23 (B) Quality assurance. 

24 (C) Inspection. 

25 (D) Contract administration. 


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1 (E) Acceptance testing. 

2 (F) Certification services. 

3 (G) Planning, programming, and manage4 ment services. 

5 (2) Waive the imposition of any surcharge for 

6 administrative services provided by the United 

7 States that would otherwise be chargeable against 

8 the Strategic Airlift Capability Partnership. 

9 (3) Pay the salaries, travel, lodging, and sub10 sistence expenses of Department of Defense per11 sonnel assigned for duty to the Strategic Airlift Ca12 pability Partnership without seeking reimbursement 

13 or cost-sharing for such expenses. 

14 (c) CREDITING OF RECEIPTS.—Any amount received 

15 by the United States in carrying out the memorandum of 

16 understanding entered into under subsection (a) shall be 

17 credited, as elected by the Secretary of Defense, to the 

18 following: 

19 (1) The appropriation, fund, or account used in 

20 incurring the obligation for which such amount is re21 ceived. 

22 (2) An appropriation, fund, or account cur23 rently providing funds for the purposes for which 

24 such obligation was made. 

25 (d) AUTHORITY TO TRANSFER AIRCRAFT.— 


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1 (1) TRANSFER AUTHORITY.—The Secretary of 

2 Defense may transfer one strategic airlift aircraft to 

3 the Strategic Airlift Capability Partnership in ac4 cordance with the terms and conditions of the 

5 memorandum of understanding entered into under 

6 subsection (a). 

7 (2) REPORT.—Not later than 30 days before 

8 the date on which the Secretary transfers a strategic 

9 airlift aircraft under paragraph (1), the Secretary 

10 shall submit to the congressional defense committees 

11 a report on the strategic airlift aircraft to be trans12 ferred, including the type of strategic airlift aircraft 

13 to be transferred and the tail registration or serial 

14 number of such aircraft. 

15 (e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP

16 DEFINED.—In this section the term ‘‘Strategic Airlift Ca17 pability Partnership’’ means the strategic airlift capability 

18 consortium established by the United States and other 

19 participating countries. 

20 SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS 

21 FOR ASSISTANCE IN COMBATING TER22 RORISM. 

23 (a) INCREASED AMOUNTS.—Section 127b of title 10, 

24 United States Code, is amended— 


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1 (1) in subsection (b), by striking ‘‘$200,000’’ 

2 and inserting ‘‘$5,000,000’’; 

3 (2) in subsection (c)(1)(B), by striking 

4 ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 

5 (3) in subsection (d)(2), by striking 

6 ‘‘$100,000’’ and inserting ‘‘$2,000,000’’. 

7 (b) INVOLVEMENT OF ALLIED FORCES.—Such sec8 tion is further amended— 

9 (1) in subsection (a)— 

10 (A) in the matter preceding paragraph (1), 

11 by inserting after ‘‘United States Government 

12 personnel’’ the following: ‘‘, or government per13 sonnel of allied forces participating in a com14 bined operation with the armed forces,’’; 

15 (B) in paragraph (1), by inserting after 

16 ‘‘armed forces’’ the following: ‘‘, or of allied 

17 forces participating in a combined operation 

18 with the armed forces,’’; and 

19 (C) in paragraph (2), by inserting after 

20 ‘‘armed forces’’ the following: ‘‘, or of allied 

21 forces participating in a combined operation 

22 with the armed forces’’; and 

23 (2) in subsection (c), by adding at the end the 

24 following: 


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1 ‘‘(3)(A) Subject to subparagraphs (B) and (C), an 

2 official who has authority delegated under paragraph (1) 

3 or (2) may use that authority, acting through government 

4 personnel of allied forces, to offer and make rewards. 

5 ‘‘(B) The Secretary of Defense shall prescribe policies 

6 and procedures for making rewards in the manner de7 scribed in subparagraph (A), which shall include guidance 

8 for the accountability of funds used for making rewards 

9 in that manner. The policies and procedures shall not take 

10 effect until 30 days after the date on which the Secretary 

11 submits the policies and procedures to the congressional 

12 defense committees. Rewards may not be made in the 

13 manner described in subparagraph (A) except under poli14 cies and procedures that have taken effect. 

15 ‘‘(C) Rewards may not be made in the manner de16 scribed in subparagraph (A) after September 30, 2009. 

17 ‘‘(D) Not later than April 1, 2008, the Secretary of 

18 Defense shall submit to the congressional defense commit19 tees a report on the implementation of this paragraph. 

20 The report shall identify each reward made in the manner 

21 described in subparagraph (A) and, for each such re22 ward— 

23 ‘‘(i) identify the type, amount, and recipient of 

24 the reward; 


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1 ‘‘(ii) explain the reason for making the reward; 

2 and 

3 ‘‘(iii) assess the success of the reward in ad4 vancing the effort to combat terrorism.’’. 

5 (c) ANNUAL REPORT TO INCLUDE SPECIFIC INFOR6 MATION ON ADDITIONAL AUTHORITY.—Section 127b of 

7 title 10, United States Code, is further amended in sub8 section (f)(2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(D) Information on the implementation of 

11 paragraph (3) of subsection (c).’’. 

12 SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT 

13 AND TESTING OF MATERIAL FOR CHEMICAL 

14 AGENT DEFENSE. 

15 (a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR

16 PRECURSORS.— 

17 (1) IN GENERAL.—The Secretary of Defense, in 

18 coordination with the heads of other elements of the 

19 Federal Government, may make available, to a 

20 State, a unit of local government, or a private entity 

21 incorporated in the United States, small quantities 

22 of a toxic chemical or precursor for the development 

23 or testing, in the United States, of material that is 

24 designed to be used for protective purposes. 


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1 (2) TERMS AND CONDITIONS.—Any use of the 

2 authority under paragraph (1) shall be subject to 

3 such terms and conditions as the Secretary considers 

4 appropriate. 

5 (b) PAYMENT OF COSTS AND DISPOSITION OF

6 FUNDS.— 

7 (1) IN GENERAL.—The Secretary shall ensure, 

8 through the advance payment required by paragraph 

9 (2) and through any other payments that may be re10 quired, that a recipient of toxic chemicals or precur11 sors under subsection (a) pays for all actual costs, 

12 including direct and indirect costs, associated with 

13 providing the toxic chemicals or precursors. 

14 (2) ADVANCE PAYMENT.—In carrying out para15 graph (1), the Secretary shall require each recipient 

16 to make an advance payment in an amount that the 

17 Secretary determines will equal all such actual costs. 

18 (3) CREDITS.—A payment received under this 

19 subsection shall be credited to the account that was 

20 used to cover the costs for which the payment was 

21 provided. Amounts so credited shall be merged with 

22 amounts in that account, and shall be available for 

23 the same purposes, and subject to the same condi24 tions and limitations, as other amounts in that ac25 count. 


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1 (c) CHEMICAL WEAPONS CONVENTION.—The Sec2 retary shall ensure that toxic chemicals and precursors are 

3 made available under this section for uses and in quan4 tities that comply with the Convention on the Prohibition 

5 of the Development, Production, Stockpiling and Use of 

6 Chemical Weapons and on Their Destruction, signed at 

7 Paris on January 13, 1993, and entered into force with 

8 respect to the United States on April 29, 1997. 

9 (d) REPORT.— 

10 (1) Not later than March 15, 2008, and each 

11 year thereafter, the Secretary shall submit to Con12 gress a report on the use of the authority under sub13 section (a) during the previous calendar year. The 

14 report shall include a description of each use of the 

15 authority and specify what material was made avail16 able and to whom it was made available. 

17 (2) Each report under paragraph (1) shall be 

18 submitted in unclassified form, but may include a 

19 classified annex. 

20 (e) DEFINITIONS.—In this section, the terms ‘‘pre21 cursor’’, ‘‘protective purposes’’, and ‘‘toxic chemical’’ have 

22 the meanings given those terms in the convention referred 

23 to in subsection (c), in paragraph 2, paragraph 9(b), and 

24 paragraph 1, respectively, of article II of that convention. 


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1 SEC. 1035. PROHIBITION ON SALE OF F–14 FIGHTER AIR2 CRAFT AND RELATED PARTS. 

3 (a) PROHIBITION ON SALE BY DEPARTMENT OF DE4 FENSE.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Department of Defense may not sell 

7 (whether directly or indirectly) any F–14 fighter air8 craft, any parts unique to the F–14 fighter aircraft, 

9 or any tooling or dies used in the manufacture of 

10 such aircraft or parts, whether such sales occur 

11 through the Defense Reutilization and Marketing 

12 Service or through another agency or element of the 

13 Department. 

14 (2) EXCEPTION.—Paragraph (1) shall not 

15 apply with respect to the sale of F–14 fighter air16 craft or parts for F–14 fighter aircraft to a museum 

17 or similar organization located in the United States 

18 that is involved in the preservation of F–14 fighter 

19 aircraft for historical purposes. 

20 (b) PROHIBITION ON EXPORT LICENSE.—No license 

21 for the export of any F-14 fighter aircraft, any parts 

22 unique to the F–14 fighter aircraft, or any tooling or dies 

23 used in the manufacture of such aircraft or parts may be 

24 issued by the United States Government to a non-United 

25 States person or entity. 


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1 Subtitle E—Reports 

2 SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RE3 LATING TO HARDENED AND DEEPLY BURIED 

4 TARGETS. 

5 Section 1032 of the Bob Stump National Defense 

6 Authorization Act for Fiscal Year 2003 (Public Law 107– 

7 314; 116 Stat. 2643; 10 U.S.C. 2358 note) is amended— 

8 (1) in the heading, by striking ‘‘ANNUAL RE9 PORT ON WEAPONS’’ and inserting ‘‘REPORT ON

10 WEAPONS AND CAPABILITIES’’; 

11 (2) in subsection (a)— 

12 (A) in the heading, by striking ‘‘ANNUAL’’; 

13 (B) by striking ‘‘April 1 of each year’’ and 

14 inserting ‘‘March 1, 2009, and every two years 

15 thereafter,’’; 

16 (C) by striking ‘‘Director of Central Intel17 ligence’’ and inserting ‘‘Director of National In18 telligence’’; 

19 (D) by striking ‘‘the preceding fiscal year’’ 

20 and inserting ‘‘the preceding two fiscal years 

21 and planned for the current fiscal year and the 

22 next fiscal year’’; and 

23 (E) by striking ‘‘to develop weapons’’ and 

24 inserting ‘‘to develop weapons and capabilities’’; 

25 (3) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘The report for a fiscal year’’ and 

3 inserting ‘‘A report submitted’’; 

4 (B) in paragraph (1), by striking ‘‘were 

5 undertaken during that fiscal year’’ and insert6 ing ‘‘were or will be undertaken during the 

7 four-fiscal-year period covered by the report’’; 

8 and 

9 (C) in paragraph (2) in the matter pre10 ceding subparagraph (A), by striking ‘‘were un11 dertaken during such fiscal year’’ and inserting 

12 ‘‘were or will be undertaken during the four-fis13 cal-year period covered by the report’’; and 

14 (4) in subsection (d), by striking ‘‘April 1, 

15 2007’’ and inserting ‘‘March 1, 2013’’. 

16 SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION 

17 ACTIVITIES. 

18 (a) REPORT REQUIRED.—Not later than December 

19 31, 2008, the Secretary of Defense shall submit to the 

20 congressional defense committees a report that describes 

21 current and planned joint modeling and simulation activi22 ties within the Department of Defense. 

23 (b) MATTERS TO BE INCLUDED.—The report under 

24 subsection (a) shall include the following: 


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1 (1) An identification and description of how 

2 joint modeling and simulation activities support the 

3 development of capabilities to meet joint and service4 unique military requirements and needs, in areas in5 cluding but not limited to joint training, experimen6 tation, systems acquisition, test and evaluation, as7 sessment, and planning. 

8 (2) A description of how joint modeling and 

9 simulation activities are supportive of Department10 level strategies and goals. 

11 (3) For each appropriate element of the De12 partment of Defense and each appropriate combat13 ant command— 

14 (A) An identification of modeling and sim15 ulation capabilities; and 

16 (B) A description of plans and programs to 

17 continuously introduce new modeling and sim18 ulation technologies so as to enhance defense 

19 capabilities. 

20 (4) A description of incentives and plans to re21 duce or divest duplicative or outdated capabilities as 

22 necessary. 

23 (5) Plans or activities to allow non-defense 

24 users to access defense joint modeling and simula25 tion activities, as appropriate. 


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1 (6) Budget and resource estimates, including 

2 government and contractor personnel requirements, 

3 for planned joint modeling and simulation activities. 

4 (7) A description of the relationship and coordi5 nation between and among joint modeling and sim6 ulation activities and the modeling and simulation 

7 activities of elements of the Department of Defense, 

8 Federal agencies, State and local governments, aca9 demia, private industry, United States and inter10 national standards organizations, and international 

11 partners. 

12 (8) Any other matters the Secretary considers 

13 appropriate. 

14 (c) CONSULTATION.—The report under (a) shall be 

15 developed in consultation with appropriate military de16 partments, Defense Agencies, combatant commands, and 

17 other defense activities. 

18 SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR 

19 PROMPT GLOBAL STRIKE CAPABILITY. 

20 Section 1032(b)(1) of the National Defense Author21 ization Act for Fiscal Year 2004 (Public Law 108–136; 

22 117 Stat. 1605; 10 U.S.C. 113 note) is amended by insert23 ing ‘‘and each of 2007, 2008, and 2009,’’ after ‘‘2004, 

24 2005, and 2006,’’. 


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1 SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUP2 PORT THE NUCLEAR MISSIONS OF THE NAVY 

3 AND THE DEPARTMENT OF ENERGY. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 and the Secretary of Energy shall each submit to Congress 

7 a report on the requirements for a workforce to support 

8 the nuclear missions of the Navy and the Department of 

9 Energy during the 10-year period beginning on the date 

10 of the report. 

11 (b) ELEMENTS.—Each report shall include— 

12 (1) a description of the projected nuclear mis13 sions of the Navy and the Department of Energy 

14 during the 10-year period beginning on the date of 

15 the report; 

16 (2) an assessment of existing knowledge reten17 tion programs within the Department of Defense, 

18 the Department of Energy, the national laboratories, 

19 and federally funded research facilities that support 

20 the nuclear missions of the Navy and the Depart21 ment of Energy, and any planned changes in those 

22 programs; and 

23 (3) a plan to address anticipated workforce at24 trition, retirement, and recruiting trends during that 

25 period and ensure an adequate workforce in support 


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1 of the nuclear missions of the Navy and the Depart2 ment of Energy. 

3 SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE 

4 FINANCE AND ACCOUNTING SERVICE RE5 SPONSE TO BUTTERBAUGH V. DEPARTMENT 

6 OF JUSTICE. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Comptroller General 

9 of the United States shall submit to the congressional de10 fense committees a report setting forth an assessment by 

11 the Comptroller General of the response of the Defense 

12 Finance and Accounting Service to the decision in 

13 Butterbaugh v. Department of Justice (336 F.3d 1332 

14 (2003)). 

15 (b) ELEMENTS.—The report required by subsection 

16 (a) shall include the following: 

17 (1) An estimate of the number of members of 

18 the reserve components of the Armed Forces, both 

19 past and present, who are entitled to compensation 

20 under the decision in Butterbaugh v. Department of 

21 Justice. 

22 (2) An assessment of the current policies, pro23 cedures, and timeliness of the Defense Finance and 

24 Accounting Service in implementing and resolving 


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1 claims under the decision in Butterbaugh v. Depart2 ment of Justice. 

3 (3) An assessment whether or not the decisions 

4 made by the Defense Finance and Accounting Serv5 ice in implementing the decision in Butterbaugh v. 

6 Department of Justice follow a consistent pattern of 

7 resolution. 

8 (4) An assessment of whether or not the deci9 sions made by the Defense Finance and Accounting 

10 Service in implementing the decision in Butterbaugh 

11 v. Department of Justice are resolving claims by 

12 providing more compensation than an individual has 

13 been able to prove, under the rule of construction 

14 that laws providing benefits to veterans are liberally 

15 construed in favor of the veteran. 

16 (5) An estimate of the total amount of com17 pensation payable to members of the reserve compo18 nents of the Armed Forces, both past and present, 

19 as a result of the recent decision in Hernandez v. 

20 Department of the Air Force (No. 2006–3375, slip 

21 op.) that leave can be reimbursed for Reserve service 

22 before 1994, when Congress enacted chapter 43 of 

23 title 38, United States Code (commonly referred to 

24 as the ‘‘Uniformed Services Employment and Reem25 ployment Rights Act’’). 


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1 (6) A comparative assessment of the handling 

2 of claims by the Defense Finance and Accounting 

3 Service under the decision in Butterbaugh v. De4 partment of Justice with the handling of claims by 

5 other Federal agencies (selected by the Comptroller 

6 General for purposes of the comparative assessment) 

7 under that decision. 

8 (7) A statement of the number of claims by 

9 members of the reserve components of the Armed 

10 Forces under the decision in Butterbaugh v. Depart11 ment of Justice that have been adjudicated by the 

12 Defense Finance and Accounting Service. 

13 (8) A statement of the number of claims by 

14 members of the reserve components of the Armed 

15 Forces under the decision in Butterbaugh v. Depart16 ment of Justice that have been denied by the De17 fense Finance and Accounting Service. 

18 (9) A comparative assessment of the average 

19 amount of time required for the Defense Finance 

20 and Accounting Service to resolve a claim under the 

21 decision in Butterbaugh v. Department of Justice 

22 with the average amount of time required by other 

23 Federal agencies (as so selected) to resolve a claim 

24 under that decision. 


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1 (10) A comparative statement of the backlog of 

2 claims with the Defense Finance and Accounting 

3 Service under the decision in Butterbaugh v. De4 partment of Justice with the backlog of claims of 

5 other Federal agencies (as so selected) under that 

6 decision. 

7 (11) An estimate of the amount of time re8 quired for the Defense Finance and Accounting 

9 Service to resolve all outstanding claims under the 

10 decision in Butterbaugh v. Department of Justice. 

11 (12) An assessment of the reasonableness of the 

12 requirement of the Defense Finance and Accounting 

13 Service for the submittal by members of the reserve 

14 components of the Armed Forces of supporting doc15 umentation for claims under the decision in 

16 Butterbaugh v. Department of Justice. 

17 (13) A comparative assessment of the require18 ment of the Defense Finance and Accounting Serv19 ice for the submittal by members of the reserve com20 ponents of the Armed Forces of supporting docu21 mentation for claims under the decision in 

22 Butterbaugh v. Department of Justice with the re23 quirement of other Federal agencies (as so selected) 

24 for the submittal by such members of supporting 

25 documentation for such claims. 


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1 (14) Such recommendations for legislative ac2 tion as the Comptroller General considers appro3 priate in light of the decision in Butterbaugh v. De4 partment of Justice and the decision in Hernandez 

5 v. Department of the Air Force. 

6 SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE. 

7 (a) STUDY REQUIRED.—The Secretary of Defense 

8 shall conduct a requirements-based study on alternatives 

9 for the proper size and mix of fixed-wing intratheater and 

10 intertheater airlift assets to meet the National Military 

11 Strategy for each of the following timeframes: fiscal year 

12 2012, 2018, and 2024. The study shall— 

13 (1) focus on organic and commercially pro14 grammed airlift capabilities; 

15 (2) analyze the full-spectrum lifecycle costs of 

16 the various alternatives for organic models of each 

17 of the following aircraft: C–5A/B/C/M, C–17A, KC– 

18 X, KC–10, KC–135R, C–130E/H/J, Joint Cargo 

19 Aircraft; and 

20 (3) incorporate the augmentation capability, vi21 ability, and feasibility of the Civil Reserve Air Fleet 

22 during activation stages I, II, and III. 

23 (b) USE OF FFRDC.—The Secretary shall select, to 

24 carry out the study required by subsection (a), a federally 


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1 funded research and development center that has experi2 ence and expertise in conducting similar studies. 

3 (c) STUDY PLAN.—The study required by subsection 

4 (a) shall be carried out under a study plan. The study 

5 plan shall be developed as follows: 

6 (1) The center selected under subsection (b) 

7 shall develop the study plan and shall, not later than 

8 60 days after the date of enactment of this Act, sub9 mit the study plan to the congressional defense com10 mittees, the Secretary, and the Comptroller General 

11 of the United States. 

12 (2) The Comptroller General shall review the 

13 study plan to determine whether it is complete and 

14 objective, and whether it has any flaws or weak15 nesses in scope or methodology, and shall, not later 

16 than 30 days after receiving the study plan, submit 

17 to the Secretary and the center a report that con18 tains the results of that review and provides any rec19 ommendations that the Comptroller General con20 siders appropriate for improvements to the study 

21 plan. 

22 (3) The center shall modify the study plan to 

23 incorporate the recommendations under paragraph 

24 (2) and shall, not later than 45 days after receiving 

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1 gressional defense committees a report on those 

2 modifications. The report shall describe each modi3 fication and, if the modifications do not incorporate 

4 one or more of the recommendations, shall explain 

5 the reasons for not doing so. 

6 (d) ELEMENTS OF STUDY PLAN.—The study plan re7 quired by subsection (c) shall address, at minimum, the 

8 following: 

9 (1) A description of lift requirements and oper10 ating profiles for airlift aircraft required to meet the 

11 National Military Strategy, including assumptions 

12 regarding the following: 

13 (A) Current and future military combat 

14 and support missions. 

15 (B) The planned force structure growth of 

16 the military services. 

17 (C) Potential changes in lift requirements, 

18 including the deployment of the Future Combat 

19 Systems by the Army. 

20 (D) New capability in airlift to be provided 

21 by the KC(X) aircraft and the expected utiliza22 tion of such capability, including its use in 

23 intratheater lift. 


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1 (E) The utilization of intertheater lift air2 craft in intratheater combat mission support 

3 roles. 

4 (F) The availability and application of 

5 Civil Reserve Air Fleet assets in future military 

6 scenarios. 

7 (G) Air mobility requirements associated 

8 with the Global Rebasing Initiative of the De9 partment of Defense. 

10 (H) Air mobility requirements in support 

11 of worldwide peacekeeping and humanitarian 

12 missions. 

13 (I) Air mobility requirements in support of 

14 homeland defense and national emergencies. 

15 (J) The viability and capability of the Civil 

16 Reserve Air Fleet to augment organic forces in 

17 both friendly and hostile environments. 

18 (K) An assessment of the Civil Reserve Air 

19 Fleet to adequately augment the organic fleet 

20 as it relates to commercial inventory manage21 ment restructuring in response to future com22 mercial markets, streamlining of operations, ef23 ficiency measures, or downsizing of the partici24 pant. 


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1 (2) An evaluation of the state of the current 

2 airlift fleet of the Air Force, including assessments 

3 of the following: 

4 (A) The extent to which the increased use 

5 of airlift aircraft in on-going operations is af6 fecting the programmed service life of the air7 craft of that fleet. 

8 (B) The adequacy of the current airlift 

9 force, including whether or not a minimum of 

10 299 strategic airlift aircraft for the Air Force 

11 is sufficient to support future expeditionary 

12 combat and non-combat missions, as well as do13 mestic and training mission demands consistent 

14 with the requirements of meeting the National 

15 Military Strategy. 

16 (C) The optimal mix of C–5 and C–17 air17 craft for the strategic airlift fleet of the Air 

18 Force, to include the following: 

19 (i) The cost-effectiveness of modern20 izing various iterations of the C–5A and 

21 C–5B/C aircraft fleet versus procuring ad22 ditional C–17 aircraft. 

23 (ii) The military capability, oper24 ational availability, usefulness, and service 

25 life of the C–5A/B/C/M aircraft and the C– 


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1 17 aircraft. Such an assessment shall ex2 amine appropriate metrics, such as aircraft 

3 availability rates, departure rates, and mis4 sion capable rates, in each of the following 

5 cases: 

6 (I) Completion of the Avionics 

7 Modernization Program and the Reli8 ability Enhancement and Re-engining 

9 Program. 

10 (II) Partial completion of the 

11 Avionics Modernization Program and 

12 the Reliability Enhancement and Re13 engining Program, with partial com14 pletion of either such program being 

15 considered the point at which the con16 tinued execution of each program is 

17 no longer supported by the cost-effec18 tiveness analysis. 

19 (iii) At what specific fleet inventory 

20 for each organic aircraft, to include air re21 fueling aircraft used in the airlift role, 

22 would it impede the ability of Civil Reserve 

23 Air Fleet participants to remain a viable 

24 augmentation option. 


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1 (D) An analysis and assessment of the les2 sons that may be learned from the experience of 

3 the Air Force in restarting the production line 

4 for the C–5 aircraft after having closed the line 

5 for several years, and recommendations for the 

6 actions that the Department of Defense should 

7 take to ensure that the production line for the 

8 C–17 aircraft could be restarted if necessary, 

9 including— 

10 (i) an analysis of the methods that 

11 were used and costs that were incurred in 

12 closing and re-opening the production line 

13 for the C–5 aircraft; 

14 (ii) an assessment of the methods and 

15 actions that should be employed and the 

16 expected costs and risks of closing and re17 opening the production line for the C–17 

18 aircraft in view of that experience. 

19 Such analysis and assessment should deal with 

20 issues such as production work force, produc21 tion facilities, tooling, industrial base suppliers, 

22 contractor logistics support versus organic 

23 maintenance, and diminished manufacturing 

24 sources. 


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1 (E) Assessing the military capability, oper2 ational availability, usefulness, service life and 

3 optimal mix of intra-theater airlift aircraft, to 

4 include— 

5 (i) the cost-effectiveness of procuring 

6 the Joint Cargo Aircraft versus procuring 

7 additional C–130J or refurbishing C– 

8 130E/H platforms to meet intra-theater 

9 airlift requirements of the combatant com10 mander and component commands; and 

11 (ii) the cost-effectiveness of procuring 

12 additional C–17 aircraft versus procuring 

13 additional C–130J platforms or refur14 bishing C–130E/H platforms to meet 

15 intra-theater airlift requirements of the 

16 combatant commander and component 

17 commands. 

18 (3) Each analysis required by paragraph (2) 

19 shall include— 

20 (A) a description of the assumptions and 

21 sensitivity analysis utilized in the study regard22 ing aircraft performances and cargo loading 

23 factors; and 

24 (B) a comprehensive statement of the data 

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1 gram life cycle cost estimates and a comparison 

2 of cost and risk associated with the optimally 

3 mixed fleet of airlift aircraft versus the program 

4 of record airlift aircraft fleet. 

5 (e) UTILIZATION OF OTHER STUDIES.—The study 

6 required by subsection (a) shall build upon the results of 

7 the 2005 Mobility Capabilities Studies, the on-going Intra8 theater Airlift Fleet Mix Analysis, the Intra-theater Lift 

9 Capabilities Study, the Joint Future Theater Airlift Capa10 bilities Analysis, and other appropriate studies and anal11 yses, such as Fleet Viability Board Reports or special air12 craft assessments. The study shall also include any testing 

13 data collected on modernization, recapitalization, and up14 grade efforts of current organic aircraft. 

15 (f) COLLABORATION WITH UNITED STATES TRANS16 PORTATION COMMAND.—In conducting the study required 

17 by subsection (a) and preparing the report required by 

18 subsection (c)(3), the center shall collaborate with the 

19 commander of the United States Transportation Com20 mand. 

21 (g) COLLABORATION WITH COST ANALYSIS IM22 PROVEMENT GROUP.—In conducting the study required 

23 by subsection (a) and constructing the analysis required 

24 by subsection (a)(2), the center shall collaborate with the 


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1 Cost Analysis Improvement Group of the Department of 

2 Defense. 

3 (h) REPORT.—Not later than January 10, 2009, the 

4 center selected under subsection (b) shall submit to the 

5 Secretary and the congressional defense committees a re6 port on the study required by subsection (a). The report 

7 shall be submitted in unclassified form, but shall include 

8 a classified annex. 

9 SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A 

10 DOMESTIC MILITARY AVIATION NATIONAL 

11 TRAINING CENTER. 

12 (a) IN GENERAL.—Not later than June 1, 2008, the 

13 Secretary of Defense shall submit to the congressional de14 fense committees a report to determine the feasibility of 

15 establishing a Border State Aviation Training Center 

16 (BSATC) to support the current and future requirements 

17 of the existing RC–26 training site for counterdrug activi18 ties, located at the Fixed Wing Army National Guard 

19 Aviation Training Site (FWAATS), including the domestic 

20 reconnaissance and surveillance missions of the National 

21 Guard in support of local, State, and Federal law enforce22 ment agencies, provided that the activities to be conducted 

23 at the BSATC shall not duplicate or displace any activity 

24 or program at the RC–26 training site or the FWAATS. 


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1 (b) CONTENT.—The report required under subsection 

2 (a) shall— 

3 (1) examine the current and past requirements 

4 of RC–26 aircraft in support of local, State, and 

5 Federal law enforcement and determine the number 

6 of additional aircraft required to provide such sup7 port for each State that borders Canada, Mexico, or 

8 the Gulf of Mexico; 

9 (2) determine the number of military and civil10 ian personnel required to run a RC–26 domestic 

11 training center meeting the requirements identified 

12 under paragraph (1); 

13 (3) determine the requirements and cost of lo14 cating such a training center at a military installa15 tion for the purpose of preempting and responding 

16 to security threats and responding to crises; and 

17 (4) include a comprehensive review of the num18 ber and type of intelligence, reconnaissance, and sur19 veillance platforms needed for the National Guard to 

20 effectively provide domestic operations and civil sup21 port (including homeland defense and counterdrug) 

22 to local, State, and Federal law enforcement and 

23 first responder entities and how those platforms 

24 would provide additional capabilities not currently 


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1 available from the assets of other local, State, and 

2 Federal agencies. 

3 (c) CONSULTATION.—In preparing the report re4 quired under subsection (a), the Secretary of Defense shall 

5 consult with the Adjutant General of each State that bor6 ders Canada, Mexico, or the Gulf of Mexico, the Adjutant 

7 General of the State of West Virginia, and the National 

8 Guard Bureau. 

9 SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COM10 BAT HELMET PAD SUSPENSION SYSTEMS. 

11 (a) IN GENERAL.—The Secretary of Defense shall 

12 carry out a limited field user evaluation and operational 

13 assessment of qualified combat helmet pad suspension sys14 tems. The evaluation and assessment shall be carried out 

15 using verified product representative samples from combat 

16 helmet pad suspension systems that are qualified as of the 

17 date of the enactment of this Act. 

18 (b) REPORT.—Not later than September 30, 2008, 

19 the Secretary shall submit to the congressional defense 

20 committees a report on the results of the limited field user 

21 evaluation and operational assessment. 

22 (c) FUNDING.—The limited field user evaluation and 

23 operational assessment required by subsection (a) shall be 

24 conducted using funds appropriated pursuant to an au25 thorization of appropriations or otherwise made available 


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1 for fiscal year 2008 for operation and maintenance, Army, 

2 for soldier protection and safety. 

3 SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY 

4 SYSTEM. 

5 (a) STUDY REQUIRED.—Not later than 30 days after 

6 the date of the enactment of this Act, the Secretary of 

7 Defense shall enter into an agreement with an inde8 pendent, non-profit, non-partisan organization to conduct 

9 a study on the national security interagency system. 

10 (b) REPORT.—The agreement entered into under 

11 subsection (a) shall require the organization to submit to 

12 Congress and the President a report containing the results 

13 of the study conducted pursuant to such agreement and 

14 any recommendations for changes to the national security 

15 interagency system (including legislative or regulatory 

16 changes) identified by the organization as a result of the 

17 study. 

18 (c) SUBMITTAL DATE.—The agreement entered into 

19 under subsection (a) shall require the organization to sub20 mit the report required under subsection (a) not later than 

21 September 1, 2008. 

22 (d) NATIONAL SECURITY INTERAGENCY SYSTEM DE23 FINED.—In this section, the term ‘‘national security inter24 agency system’’ means the structures, mechanisms, and 

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1 ments of the Federal Government that have national secu2 rity missions coordinate and integrate their policies, capa3 bilities, expertise, and activities to accomplish such mis4 sions. 

5 (e) FUNDING.—Of the amount authorized to be ap6 propriated by section 301(5) for operation and mainte7 nance for Defense-wide activities, not more than 

8 $3,000,000 may be available to carry out this section. 

9 SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL 

10 BASE. 

11 (a) REPORT.—Not later than 190 days after the date 

12 of the enactment of this Act, the Secretary of Defense 

13 shall submit to the congressional defense committees a re14 port on the status, capability, viability, and capacity of 

15 the solid rocket motor industrial base in the United States. 

16 (b) CONTENT.—The report required under subsection 

17 (a) shall include the following: 

18 (1) An assessment of the ability to maintain the 

19 Minuteman III intercontinental ballistic missile 

20 through its planned operational life. 

21 (2) An assessment of the ability to maintain the 

22 Trident II D–5 submarine launched ballistic missile 

23 through its planned operational life. 

24 (3) An assessment of the ability to maintain all 

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1 cles with solid rocket motors, through their planned 

2 operational lifetimes. 

3 (4) An assessment of the ability to support pro4 jected future requirements for vehicles with solid 

5 rocket motors to support space launch, missile de6 fense, or any range of ballistic missiles determined 

7 to be necessary to meet defense needs or other re8 quirements of the United States Government. 

9 (5) An assessment of the required materials, 

10 the supplier base, the production facilities, and the 

11 production workforce needed to ensure that current 

12 and future requirements could be met. 

13 (6) An assessment of the adequacy of the cur14 rent and projected industrial base support programs 

15 to support the full range of projected future require16 ments identified in paragraph (4). 

17 SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL 

18 FOR MEMBERS OF THE ARMED FORCES WHO 

19 DIED IN THE AIR CRASH IN BAKERS CREEK, 

20 AUSTRALIA, AND ESTABLISHMENT OF OTHER 

21 MEMORIALS IN ARLINGTON NATIONAL CEME22 TERY. 

23 (a) BAKERS CREEK MEMORIAL.—Not later than 

24 April 1, 2008, the Secretary of the Army shall submit to 

25 the Committee on Armed Services and the Committee on 


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1 Veterans’ Affairs of the House of Representatives and the 

2 Committee on Armed Services and the Committee on Vet3 erans’ Affairs of the Senate a report containing a discus4 sion of locations outside of Arlington National Cemetery 

5 that would serve as a suitable location for the establish6 ment of a memorial to honor the memory of the 40 mem7 bers of the Armed Forces of the United States who lost 

8 their lives in the air crash at Bakers Creek, Australia, on 

9 June 14, 1943. 

10 (b) MEMORIALS IN ARLINGTON NATIONAL CEME11 TERY.—Not later than April 1, 2008, the Secretary of the 

12 Army shall submit to the congressional committees speci13 fied in subsection (a) a report containing— 

14 (1) recommendations to implement the results 

15 of the study regarding proposals for the construction 

16 of new memorials in Arlington National Cemetery 

17 that was conducted pursuant to section 2897 of the 

18 Ronald W. Reagan National Defense Authorization 

19 Act for Fiscal Year 2005 (Public Law 108–375; 118 

20 Stat. 2157); and 

21 (2) proposed legislation, if necessary, to imple22 ment the results of the study. 


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1 Subtitle F—Other Matters 

2 SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUP3 PORT PROVIDED TO FEDERAL AGENCIES. 

4 Section 377 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘To the ex7 tent’’ and inserting ‘‘Subject to subsection (c), to the 

8 extent’’; and 

9 (2) by striking subsection (b) and inserting the 

10 following new subsections: 

11 ‘‘(b)(1) Subject to subsection (c), the Secretary of 

12 Defense shall require a Federal agency to which law en13 forcement support or support to a national special security 

14 event is provided by National Guard personnel performing 

15 duty under section 502(f) of title 32 to reimburse the De16 partment of Defense for the costs of that support, notwith17 standing any other provision of law. No other provision 

18 of this chapter shall apply to such support. 

19 ‘‘(2) Any funds received by the Department of De20 fense under this subsection as reimbursement for support 

21 provided by personnel of the National Guard shall be cred22 ited, at the election of the Secretary of Defense, to the 

23 following: 

24 ‘‘(A) The appropriation, fund, or account used 

25 to fund the support. 


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1 ‘‘(B) The appropriation, fund, or account cur2 rently available for reimbursement purposes. 

3 ‘‘(c) An agency to which support is provided under 

4 this chapter or section 502(f) of title 32 is not required 

5 to reimburse the Department of Defense for such support 

6 if the Secretary of Defense waives reimbursement. The 

7 Secretary may waive the reimbursement requirement 

8 under this subsection if such support— 

9 ‘‘(1) is provided in the normal course of mili10 tary training or operations; or 

11 ‘‘(2) results in a benefit to the element of the 

12 Department of Defense or personnel of the National 

13 Guard providing the support that is substantially 

14 equivalent to that which would otherwise be obtained 

15 from military operations or training.’’. 

16 SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRA17 TEGIC POSTURE OF THE UNITED STATES. 

18 (a) ESTABLISHMENT.—There is hereby established a 

19 commission to be known as the ‘‘Congressional Commis20 sion on the Strategic Posture of the United States’’. The 

21 purpose of the commission is to examine and make rec22 ommendations with respect to the long-term strategic pos23 ture of the United States. 

24 (b) COMPOSITION.— 


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1 (1) MEMBERSHIP.—The commission shall be 

2 composed of 12 members appointed as follows: 

3 (A) Three by the chairman of the Com4 mittee on Armed Services of the House of Rep5 resentatives. 

6 (B) Three by the ranking minority member 

7 of the Committee on Armed Services of the 

8 House of Representatives. 

9 (C) Three by the chairman of the Com10 mittee on Armed Services of the Senate. 

11 (D) Three by the ranking minority member 

12 of the Committee on Armed Services of the 

13 Senate. 

14 (2) CHAIRMAN; VICE CHAIRMAN.— 

15 (A) CHAIRMAN.—The chairman of the 

16 Committee on Armed Services of the House of 

17 Representatives and the chairman of the Com18 mittee on Armed Services of the Senate shall 

19 jointly designate one member of the commission 

20 to serve as chairman of the commission. 

21 (B) VICE CHAIRMAN.—The ranking minor22 ity member of the Committee on Armed Serv23 ices of the House of Representatives and the 

24 ranking minority member of the Committee on 

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1 ignate one member of the commission to serve 

2 as vice chairman of the commission. 

3 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

4 Members shall be appointed for the life of the com5 mission. Any vacancy in the commission shall be 

6 filled in the same manner as the original appoint7 ment. 

8 (c) DUTIES.— 

9 (1) REVIEW.—The commission shall conduct a 

10 review of the strategic posture of the United States, 

11 including a strategic threat assessment and a de12 tailed review of nuclear weapons policy, strategy, 

13 and force structure. 

14 (2) ASSESSMENT AND RECOMMENDATIONS.— 

15 (A) ASSESSMENT.—The commission shall 

16 assess the benefits and risks associated with the 

17 current strategic posture and nuclear weapons 

18 policies of the United States. 

19 (B) RECOMMENDATIONS.—The commis20 sion shall make recommendations as to the 

21 most appropriate strategic posture and most ef22 fective nuclear weapons strategy. 

23 (d) COOPERATION FROM GOVERNMENT.— 

24 (1) COOPERATION.—In carrying out its duties, 

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1 operation of the Secretary of Defense, the Secretary 

2 of Energy, the Secretary of State, the Director of 

3 National Intelligence, and any other United States 

4 Government official in providing the commission 

5 with analyses, briefings, and other information nec6 essary for the fulfillment of its responsibilities. 

7 (2) LIAISON.—The Secretary of Defense, the 

8 Secretary of Energy, the Secretary of State, and the 

9 Director of National Intelligence shall each des10 ignate at least one officer or employee of the De11 partment of Defense, the Department of Energy, the 

12 Department of State, and the intelligence commu13 nity, respectively, to serve as a liaison officer be14 tween the department (or the intelligence commu15 nity, as the case may be) and the commission. 

16 (e) REPORT.—Not later than December 1, 2008, the 

17 commission shall submit to the President, the Secretary 

18 of Defense, the Secretary of Energy, the Secretary of 

19 State, the Committee on Armed Services of the Senate, 

20 and the Committee on Armed Services of the House of 

21 Representatives a report on the commission’s findings, 

22 conclusions, and recommendations. The report shall iden23 tify the strategic posture and nuclear weapons strategy 

24 recommended under subsection (c)(2)(B) and shall in25 clude— 


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1 (1) the military capabilities and force structure 

2 necessary to support the strategy, including both nu3 clear and non-nuclear capabilities that might sup4 port the strategy; 

5 (2) the number of nuclear weapons required to 

6 support the strategy, including the number of re7 placement warheads required, if any; 

8 (3) the appropriate qualitative analysis, includ9 ing force-on-force exchange modeling, to calculate 

10 the effectiveness of the strategy under various sce11 narios; 

12 (4) the nuclear infrastructure (that is, the size 

13 of the nuclear complex) required to support the 

14 strategy; 

15 (5) an assessment of the role of missile defenses 

16 in the strategy; 

17 (6) an assessment of the role of nonprolifera18 tion programs in the strategy; 

19 (7) the political and military implications of the 

20 strategy for the United States and its allies; and 

21 (8) any other information or recommendations 

22 relating to the strategy (or to the strategic posture) 

23 that the commission considers appropriate. 

24 (f) FUNDING.—Of the amounts appropriated or oth25 erwise made available pursuant to this Act to the DepartVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ment of Defense, $5,000,000 is available to fund the ac2 tivities of the commission. 

3 (g) TERMINATION.—The commission shall terminate 

4 on June 1, 2009. 

5 SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 

6 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

7 United States Code, is amended as follows: 

8 (1) Chapter 3 is amended— 

9 (A) by redesignating the section 127c 

10 added by section 1201(a) of the John Warner 

11 National Defense Authorization Act for Fiscal 

12 Year 2007 (Public Law 109–364; 120 Stat. 

13 2410) as section 127d and transferring that 

14 section so as to appear immediately after the 

15 section 127c added by section 1231(a) of the 

16 National Defense Authorization Act for Fiscal 

17 Year 2006 (Public Law 109–163; 119 Stat. 

18 3467); and 

19 (B) by revising the table of sections at the 

20 beginning of such chapter to reflect the redesig21 nation and transfer made by paragraph (1). 

22 (2) Section 629(d)(1) is amended by inserting 

23 a comma after ‘‘(a)’’. 

24 (3) Section 662(b) is amended by striking 

25 ‘‘paragraphs (1), (2), and (3) of subsection (a)’’ and 


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1 inserting ‘‘paragraphs (1) and (2) of subsection 

2 (a)’’. 

3 (4) Subsections (c) and (d) of section 948r are 

4 each amended by striking ‘‘Defense Treatment Act 

5 of 2005’’ each place it appears and inserting ‘‘De6 tainee Treatment Act of 2005’’. 

7 (5) The table of sections at the beginning of 

8 subchapter VI of chapter 47A is amended by strik9 ing the item relating to section 950j and inserting 

10 the following: 

‘‘950j. Finality of proceedings, findings, and sentences.’’. 

11 (6) Section 950f(b) is amended by striking ‘‘No 

12 person may be serve’’ and inserting ‘‘No person may 

13 serve’’. 

14 (7) The heading for section 950j is amended by 

15 striking ‘‘Finality or’’ and inserting ‘‘Finality 

16 of’’. 

17 (8) Section 1034(b)(2) is amended by inserting 

18 ‘‘unfavorable’’ before ‘‘action’’ the second place it 

19 appears. 

20 (9) Section 1588(d)(1)(B) is amended by strik21 ing ‘‘the Act of March 9, 1920, commonly known as 

22 the ‘Suits in Admiralty Act’ (41 Stat. 525; 46 

23 U.S.C. App. 741 et seq.) and the Act of March 3, 

24 1925, commonly known as the ‘Public Vessels Act’ 


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1 (43 Stat. 1112; 46 U.S.C. App. 781 et seq.)’’ and 

2 inserting ‘‘chapters 309 and 311 of title 46’’. 

3 (10) The table of sections at the beginning of 

4 chapter 137 is amended by striking the item relating 

5 to section 2333 and inserting the following new 

6 item: 

‘‘2333. Joint policies on requirements definition, contingency program management, and contingency contracting.’’. 

7 (11) The table of sections at the beginning of 

8 chapter 141 is amended by inserting a period at the 

9 end of the item relating to section 2410p. 

10 (12) The table of sections at the beginning of 

11 chapter 152 is amended by inserting a period at the 

12 end of the item relating to section 2567. 

13 (13) Section 2583(e) is amended by striking 

14 ‘‘DOGS’’ and inserting ‘‘ANIMALS’’. 

15 (14) Section 2668(e) is amended by striking 

16 ‘‘and (d)’’ and inserting ‘‘and (e)’’. 

17 (15) Section 12304(a) is amended by striking 

18 the second period at the end. 

19 (16) Section 14310(d)(1) is amended by insert20 ing a comma after ‘‘(a)’’. 

21 (b) TITLE 37, UNITED STATES CODE.—Section 

22 302c(d)(1) of title 37, United States Code, is amended 

23 by striking ‘‘Services Corps’’ and inserting ‘‘Service 

24 Corps’’. 


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1 (c) JOHN WARNER NATIONAL DEFENSE AUTHOR2 IZATION ACT FOR FISCAL YEAR 2007.—Effective as of 

3 October 17, 2006, and as if included therein as enacted, 

4 the John Warner National Defense Authorization Act for 

5 Fiscal Year 2007 (Public Law 109–364) is amended as 

6 follows: 

7 (1) Section 333(a) (120 Stat. 2151) is amend8 ed— 

9 (A) by striking ‘‘Section 332(c)’’ and in10 serting ‘‘Section 332’’; and 

11 (B) in paragraph (1), by inserting ‘‘in sub12 section (c),’’ after ‘‘(1)’’. 

13 (2) Section 348(2) (120 Stat. 2159) is amended 

14 by striking ‘‘60 days of’’ and inserting ‘‘60 days 

15 after’’. 

16 (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is 

17 amended by inserting a comma after ‘‘title’’. 

18 (4) Section 591(b)(1) (120 Stat. 2233) is 

19 amended by inserting a period after ‘‘this title’’. 

20 (5) Section 606(b)(1)(A) (120 Stat. 2246) is 

21 amended by striking ‘‘in’’ and inserting ‘‘In’’. 

22 (6) Section 670(b) (120 Stat. 2269) is amended 

23 by striking ‘‘such title’’ and inserting ‘‘such chap24 ter’’. 

25 (7) Section 673 (120 Stat. 2271) is amended— 


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1 (A) in subsection (a)(1), by inserting ‘‘the 

2 second place it appears’’ before ‘‘and inserting’’; 

3 (B) in subsection (b)(1)— 

4 (i) by striking ‘‘Section’’ and inserting 

5 ‘‘Subsection (a) of section’’; and 

6 (ii) by inserting ‘‘the second place it 

7 appears’’ before ‘‘and inserting’’; and 

8 (C) in subsection (c)(1), by inserting ‘‘the 

9 second place it appears’’ before ‘‘and inserting’’. 

10 (8) Section 842(a)(2) (120 Stat. 2337) is 

11 amended by striking ‘‘adding at the end’’ and insert12 ing ‘‘inserting after the item relating to section 

13 2533a’’. 

14 (9) Section 1017(b)(2) (120 Stat. 2379; 10 

15 U.S.C. 2631 note) is amended by striking ‘‘section 

16 27’’ and all that follows through the period at the 

17 end and inserting ‘‘sections 12112 and 50501 and 

18 chapter 551 of title 46, United States Code.’’. 

19 (10) Section 1071(f) (120 Stat. 2402) is 

20 amended by striking ‘‘identical’’ both places it ap21 pears. 

22 (11) Section 1231(d) (120 Stat. 2430; 22 

23 U.S.C. 2776a(d)) is amended by striking ‘‘note’’. 


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1 (12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) 

2 is amended by striking ‘‘2906 of such Act’’ and in3 serting ‘‘2906A of such Act’’. 

4 (13) Section 2831 (120 Stat. 2480) is amend5 ed— 

6 (A) by striking ‘‘Section 2667(d)’’ and in7 serting ‘‘Section 2667(e)’’; and 

8 (B) by inserting ‘‘as redesignated by sec9 tion 662(b)(1) of this Act,’’ after ‘‘Code,’’. 

10 (d) PUBLIC LAW 109–366.—Effective as of October 

11 17, 2006, and as if included therein as enacted, Public 

12 Law 109–366 is amended as follows: 

13 (1) Section 8(a)(3) (120 Stat. 2636) is amend14 ed by inserting a semicolon after ‘‘subsection’’. 

15 (2) Section 9(1) (120 Stat. 2636) is amended 

16 by striking ‘‘No. 1.’’ and inserting ‘‘No. 1,’’. 

17 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

18 FISCAL YEAR 2006.—Effective as of January 6, 2006, 

19 and as if included therein as enacted, the National De20 fense Authorization Act for Fiscal Year 2006 (Public Law 

21 109–163) is amended as follows: 

22 (1) Section 571 (119 Stat. 3270) is amended 

23 by striking ‘‘931 et seq.)’’ and inserting ‘‘921 et 

24 seq.)’’. 


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1 (2) Section 1052(j) (119 Stat. 3435) is amend2 ed by striking ‘‘Section 1049’’ and inserting ‘‘Sec3 tion 1409’’. 

4 (f) MILITARY COMMISSIONS ACT OF 2006.—Section 

5 7 of the Military Commissions Act of 2006 (Public Law 

6 109–366) is amended by striking ‘‘added by added by’’ 

7 and inserting ‘‘added by’’. 

8 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

9 FISCAL YEAR 2004.—The National Defense Authoriza10 tion Act for Fiscal Year 2004 (Public Law 108–136) is 

11 amended as follows: 

12 (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 

13 1076b note) is amended by striking ‘‘those pro14 gram’’ and inserting ‘‘those programs’’. 

15 (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 

16 433 note) is amended by striking ‘‘(A))’’ and insert17 ing ‘‘(A)))’’. 

18 (3) Section 1602(e)(3) (117 Stat. 1683; 10 

19 U.S.C. 2302 note) is amended by inserting ‘‘Secu20 rity’’ after ‘‘Health’’. 

21 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

22 FISCAL YEAR 1994.—Section 845(a) of the National De23 fense Authorization Act for Fiscal Year 1994 (10 U.S.C. 

24 2371 note) is amended— 


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1 (1) in paragraph (2)(A), by inserting ‘‘Re2 search’’ after ‘‘Defense Advanced’’; and 

3 (2) in paragraph (3), by inserting ‘‘Research’’ 

4 after ‘‘Defense Advanced’’. 

5 (i) NATIONAL DEFENSE AUTHORIZATION ACT FOR

6 FISCAL YEAR 1993.—Section 722(a)(1) of the National 

7 Defense Authorization Act for Fiscal Year 1993 (Public 

8 Law 102–484; 10 U.S.C. 1073 note) is amended by strik9 ing ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 

10 SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT. 

11 Section 1063 of the National Defense Authorization 

12 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

13 3445) is repealed. 

14 SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE15 BASED NUCLEAR DETECTION. 

16 The Secretary of Defense shall maintain the capa17 bility for space-based nuclear detection at a level that 

18 meets or exceeds the level of capability as of the date of 

19 the enactment of this Act. 

20 SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES 

21 AT NAVAL STATION, GUANTANAMO BAY, 

22 CUBA. 

23 It is the sense of Congress that— 

24 (1) the Nation extends its gratitude to the mili25 tary personnel who guard and interrogate some of 


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1 the world’s most dangerous men every day at Naval 

2 Station, Guantanamo Bay, Cuba; 

3 (2) the United States Government should urge 

4 the international community, in general, and in par5 ticular, the home countries of the detainees who re6 main in detention despite having been ordered re7 leased by a Department of Defense administrative 

8 review board, to work with the Department of De9 fense to facilitate and expedite the repatriation of 

10 such detainees; 

11 (3) detainees at Guantanamo Bay, to the max12 imum extent possible, should be charged and expedi13 tiously prosecuted for crimes committed against the 

14 United States; and 

15 (4) operations at Guantanamo Bay should be 

16 carried out in a way that upholds the national inter17 est and core values of the American people. 

18 SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DE19 TAINED AT NAVAL STATION, GUANTANAMO 

20 BAY, CUBA. 

21 (a) REPORT REQUIRED.—Not later than 60 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit to the congressional defense com24 mittees a report that contains the Secretary’s plan for 

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1 tanamo Bay, Cuba, under the control of the Joint Task 

2 Force Guantanamo, who is or has ever been classified as 

3 an ‘‘enemy combatant’’ (referred to in this section as a 

4 ‘‘detainee’’). 

5 (b) CONTENTS OF REPORT.—The report required 

6 under subsection (a) shall include each of the following: 

7 (1) An identification of the number of detainees 

8 who, as of December 31, 2007, the Department esti9 mates— 

10 (A) will have been or will be charged with 

11 one or more crimes and may, therefore, be tried 

12 before a military commission; 

13 (B) will be subject of an order calling for 

14 the release or transfer of the detainee from the 

15 Guantanamo Bay facility; or 

16 (C) will not have been charged with any 

17 crimes and will not be subject to an order call18 ing for the release or transfer of the detainee 

19 from the Guantanamo Bay facility, but whom 

20 the Department wishes to continue to detain. 

21 (2) A description of the actions required to be 

22 undertaken, by the Secretary of Defense, possibly 

23 the heads of other Federal agencies, and Congress, 

24 to ensure that detainees who are subject to an order 


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1 calling for their release or transfer from the Guanta2 namo Bay facility have, in fact, been released. 

3 (c) FORM.—The report required by subsection (a) 

4 shall be submitted in unclassified form but may contain 

5 a classified annex. 

6 SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF 

7 PUBLIC LAW 109–364 RELATING TO USE OF 

8 ARMED FORCES IN MAJOR PUBLIC EMER9 GENCIES. 

10 (a) INTERFERENCE WITH STATE AND FEDERAL

11 LAWS.— 

12 (1) IN GENERAL.—Section 333 of title 10, 

13 United States Code, is amended to read as follows: 

14 ‘‘§ 333. Interference with State and Federal law 

15 ‘‘The President, by using the militia or the armed 

16 forces, or both, or by any other means, shall take such 

17 measures as he considers necessary to suppress, in a 

18 State, any insurrection, domestic violence, unlawful com19 bination, or conspiracy, if it— 

20 ‘‘(1) so hinders the execution of the laws of that 

21 State, and of the United States within the State, 

22 that any part or class of its people is deprived of a 

23 right, privilege, immunity, or protection named in 

24 the Constitution and secured by law, and the con25 stituted authorities of that State are unable, fail, or 


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1 refuse to protect that right, privilege, or immunity, 

2 or to give that protection; or 

3 ‘‘(2) opposes or obstructs the execution of the 

4 laws of the United States or impedes the course of 

5 justice under those laws. 

6 In any situation covered by clause (1), the State shall be 

7 considered to have denied the equal protection of the laws 

8 secured by the Constitution.’’. 

9 (2) PROCLAMATION TO DISPERSE.—Section 334 

10 of such title is amended by striking ‘‘or those ob11 structing the enforcement of the laws’’ after ‘‘insur12 gents’’. 

13 (3) HEADING AMENDMENT.—The heading of 

14 chapter 15 of such title is amended to read as fol15 lows: 

16 ‘‘CHAPTER 15—INSURRECTION’’. 

17 (4) CLERICAL AMENDMENTS.— 

18 (A) The table of sections at the beginning 

19 of chapter 15 of such title is amended by strik20 ing the item relating to section 333 and insert21 ing the following new item: 

‘‘333. Interference with State and Federal law.’’. 

22 (B) The tables of chapters at the begin23 ning of subtitle A of title 10, United States 

24 Code, and at the beginning of part I of such 

25 subtitle, are each amended by striking the item 


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1 relating to chapter 15 and inserting the fol2 lowing new item: 

‘‘15. Insurrection ...................................................................................... 331’’. 

3 (b) REPEAL OF SECTION RELATING TO PROVISION

4 OF SUPPLIES, SERVICES, AND EQUIPMENT.— 

5 (1) IN GENERAL.—Section 2567 of title 10, 

6 United States Code, is repealed. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of chapter 152 of such title 

9 is amended by striking the item relating to section 

10 2567. 

11 (c) CONFORMING AMENDMENT.—Section 12304(c) of 

12 such title is amended by striking ‘‘Except to perform’’ and 

13 all that follows through ‘‘this section’’ and inserting ‘‘No 

14 unit or member of a reserve component may be ordered 

15 to active duty under this section to perform any of the 

16 functions authorized by chapter 15 or section 12406 of 

17 this title or, except as provided in subsection (b),’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act. 

21 SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILI22 TARY INSTALLATIONS IN UNITED STATES. 

23 (a) DEVELOPMENT OF STANDARDS.— 

24 (1) ACCESS STANDARDS FOR VISITORS.—The 

25 Secretary of Defense shall develop access standards 


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1 applicable to all military installations in the United 

2 States. The standards shall require screening stand3 ards appropriate to the type of installation involved, 

4 the security level, category of individuals authorized 

5 to visit the installation, and level of access to be 

6 granted, including— 

7 (A) protocols to determine the fitness of 

8 the individual to enter an installation; and 

9 (B) standards and methods for verifying 

10 the identity of the individual. 

11 (2) ADDITIONAL CRITERIA.—The standards re12 quired under paragraph (1) may— 

13 (A) provide for expedited access to a mili14 tary installation for Department of Defense 

15 personnel and employees and family members of 

16 personnel who reside on the installation; 

17 (B) provide for closer scrutiny of cat18 egories of individuals determined by the Sec19 retary of Defense to pose a higher potential se20 curity risk; and 

21 (C) in the case of an installation that the 

22 Secretary determines contains particularly sen23 sitive facilities, provide additional screening re24 quirements, as well as physical and other secu25 rity measures for the installation. 


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1 (b) USE OF TECHNOLOGY.—The Secretary of De2 fense is encouraged to procure and field existing identi3 fication screening technology and to develop additional 

4 technology only to the extent necessary to assist com5 manders of military installations in implementing the 

6 standards developed under this section at points of entry 

7 for such installations. 

8 (c) DEADLINES.— 

9 (1) DEVELOPMENT AND IMPLEMENTATION.— 

10 The Secretary of Defense shall develop the stand11 ards required under this section by not later than 

12 July 1, 2008, and implement such standards by not 

13 later than January 1, 2009. 

14 (2) SUBMISSION TO CONGRESS.—Not later than 

15 August 1, 2009, the Secretary shall submit to the 

16 Committees on Armed Services of the Senate and 

17 House of Representatives the standards implemented 

18 pursuant to paragraph (1). 

19 SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. 

20 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 

21 In order to clarify United States nuclear deterrence policy 

22 and strategy for the near term, the Secretary of Defense 

23 shall conduct a comprehensive review of the nuclear pos24 ture of the United States for the next 5 to 10 years. The 


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1 Secretary shall conduct the review in consultation with the 

2 Secretary of Energy and the Secretary of State. 

3 (b) ELEMENTS OF REVIEW.—The nuclear posture re4 view shall include the following elements: 

5 (1) The role of nuclear forces in United States 

6 military strategy, planning, and programming. 

7 (2) The policy requirements and objectives for 

8 the United States to maintain a safe, reliable, and 

9 credible nuclear deterrence posture. 

10 (3) The relationship among United States nu11 clear deterrence policy, targeting strategy, and arms 

12 control objectives. 

13 (4) The role that missile defense capabilities 

14 and conventional strike forces play in determining 

15 the role and size of nuclear forces. 

16 (5) The levels and composition of the nuclear 

17 delivery systems that will be required for imple18 menting the United States national and military 

19 strategy, including any plans for replacing or modi20 fying existing systems. 

21 (6) The nuclear weapons complex that will be 

22 required for implementing the United States na23 tional and military strategy, including any plans to 

24 modernize or modify the complex. 


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1 (7) The active and inactive nuclear weapons 

2 stockpile that will be required for implementing the 

3 United States national and military strategy, includ4 ing any plans for replacing or modifying warheads. 

5 (c) REPORT TO CONGRESS.—The Secretary of De6 fense shall submit to Congress, in unclassified and classi7 fied forms as necessary, a report on the results of the nu8 clear posture review conducted under this section. The re9 port shall be submitted concurrently with the quadrennial 

10 defense review required to be submitted under section 118 

11 of title 10, United States Code, in 2009. 

12 (d) SENSE OF CONGRESS.—It is the sense of Con13 gress that the nuclear posture review conducted under this 

14 section should be used as a basis for establishing future 

15 United States arms control objectives and negotiating po16 sitions. 

17 SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLE18 MENTATION OF THE NEW STRATEGIC POS19 TURE OF THE UNITED STATES. 

20 Section 1051 of the National Defense Authorization 

21 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

22 3431) is repealed. 

23 SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. 

24 (a) IN GENERAL.—Title III of the Intelligence Re25 form and Terrorism Prevention Act of 2004 (50 U.S.C. 


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1 435b) is amended by adding at the end the following new 

2 section: 

3 ‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) CONTROLLED SUBSTANCE.—The term 

6 ‘controlled substance’ has the meaning given that 

7 term in section 102 of the Controlled Substances 

8 Act (21 U.S.C. 802). 

9 ‘‘(2) COVERED PERSON.—The term ‘covered 

10 person’ means— 

11 ‘‘(A) an officer or employee of a Federal 

12 agency; 

13 ‘‘(B) a member of the Army, Navy, Air 

14 Force, or Marine Corps who is on active duty 

15 or is in an active status; and 

16 ‘‘(C) an officer or employee of a contractor 

17 of a Federal agency. 

18 ‘‘(3) RESTRICTED DATA.—The term ‘Restricted 

19 Data’ has the meaning given that term in section 11 

20 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2014). 

22 ‘‘(4) SPECIAL ACCESS PROGRAM.—The term 

23 ‘special access program’ has the meaning given that 

24 term in section 4.1 of Executive Order No. 12958 

25 (60 Fed. Reg. 19825). 


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1 ‘‘(b) PROHIBITION.—After January 1, 2008, the 

2 head of a Federal agency may not grant or renew a secu3 rity clearance for a covered person who is an unlawful user 

4 of a controlled substance or an addict (as defined in sec5 tion 102(1) of the Controlled Substances Act (21 U.S.C. 

6 802)). 

7 ‘‘(c) DISQUALIFICATION.— 

8 ‘‘(1) IN GENERAL.—After January 1, 2008, ab9 sent an express written waiver granted in accordance 

10 with paragraph (2), the head of a Federal agency 

11 may not grant or renew a security clearance de12 scribed in paragraph (3) for a covered person who— 

13 ‘‘(A) has been convicted in any court of the 

14 United States of a crime, was sentenced to im15 prisonment for a term exceeding 1 year, and 

16 was incarcerated as a result of that sentence for 

17 not less than 1 year; 

18 ‘‘(B) has been discharged or dismissed 

19 from the Armed Forces under dishonorable con20 ditions; or 

21 ‘‘(C) is mentally incompetent, as deter22 mined by an adjudicating authority, based on 

23 an evaluation by a duly qualified mental health 

24 professional employed by, or acceptable to and 

25 approved by, the United States Government 


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1 and in accordance with the adjudicative guide2 lines required by subsection (d). 

3 ‘‘(2) WAIVER AUTHORITY.—In a meritorious 

4 case, an exception to the disqualification in this sub5 section may be authorized if there are mitigating 

6 factors. Any such waiver may be authorized only in 

7 accordance with— 

8 ‘‘(A) standards and procedures prescribed 

9 by, or under the authority of, an Executive 

10 order or other guidance issued by the President; 

11 or 

12 ‘‘(B) the adjudicative guidelines required 

13 by subsection (d). 

14 ‘‘(3) COVERED SECURITY CLEARANCES.—This 

15 subsection applies to security clearances that provide 

16 for access to— 

17 ‘‘(A) special access programs; 

18 ‘‘(B) Restricted Data; or 

19 ‘‘(C) any other information commonly re20 ferred to as ‘sensitive compartmented informa21 tion’. 

22 ‘‘(4) ANNUAL REPORT.— 

23 ‘‘(A) REQUIREMENT FOR REPORT.—Not 

24 later than February 1 of each year, the head of 

25 a Federal agency shall submit a report to the 


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1 appropriate committees of Congress if such 

2 agency employs or employed a person for whom 

3 a waiver was granted in accordance with para4 graph (2) during the preceding year. Such an5 nual report shall not reveal the identity of such 

6 person, but shall include for each waiver issued 

7 the disqualifying factor under paragraph (1) 

8 and the reasons for the waiver of the disquali9 fying factor. 

10 ‘‘(B) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) APPROPRIATE COMMITTEES OF

12 CONGRESS.—The term ‘appropriate com13 mittees of Congress’ means, with respect 

14 to a report submitted under subparagraph 

15 (A) by the head of a Federal agency— 

16 ‘‘(I) the congressional defense 

17 committees; 

18 ‘‘(II) the congressional intel19 ligence committees; 

20 ‘‘(III) the Committee on Home21 land Security and Governmental Af22 fairs of the Senate; 

23 ‘‘(IV) the Committee on Over24 sight and Government Reform of the 

25 House of Representatives; and 


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1 ‘‘(V) each Committee of the Sen2 ate or the House of Representatives 

3 with oversight authority over such 

4 Federal agency. 

5 ‘‘(ii) CONGRESSIONAL DEFENSE COM6 MITTEES.—The term ‘congressional de7 fense committees’ has the meaning given 

8 that term in section 101(a)(16) of title 10, 

9 United States Code. 

10 ‘‘(iii) CONGRESSIONAL INTELLIGENCE

11 COMMITTEES.—The term ‘congressional in12 telligence committees’ has the meaning 

13 given that term in section 3 of the Na14 tional Security Act of 1947 (50 U.S.C. 

15 401a). 

16 ‘‘(d) ADJUDICATIVE GUIDELINES.— 

17 ‘‘(1) REQUIREMENT TO ESTABLISH.—The 

18 President shall establish adjudicative guidelines for 

19 determining eligibility for access to classified infor20 mation. 

21 ‘‘(2) REQUIREMENTS RELATED TO MENTAL

22 HEALTH.—The guidelines required by paragraph (1) 

23 shall— 

24 ‘‘(A) include procedures and standards 

25 under which a covered person is determined to 


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1 be mentally incompetent and provide a means 

2 to appeal such a determination; and 

3 ‘‘(B) require that no negative inference 

4 concerning the standards in the guidelines may 

5 be raised solely on the basis of seeking mental 

6 health counseling.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) REPEAL.—Section 986 of title 10, United 

9 States Code, is repealed. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 49 of such title is 

12 amended by striking the item relating to section 

13 986. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect on January 1, 

16 2008. 

17 SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE 

18 ISSUANCE OF SECURITY CLEARANCES. 

19 (a) DEMONSTRATION PROJECT.—Not later than 6 

20 months after the date of the enactment of this Act, the 

21 Secretary of Defense and the Director of National Intel22 ligence shall implement a demonstration project that ap23 plies new and innovative approaches to improve the proc24 essing of requests for security clearances. 


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1 (b) EVALUATION.—Not later than 1 year after the 

2 date of the enactment of this Act, the Secretary of Defense 

3 and the Director of National Intelligence shall carry out 

4 an evaluation of the process for issuing security clearances 

5 and develop a specific plan and schedule for replacing such 

6 process with an improved process. 

7 (c) REPORT.—Not later than 30 days after the date 

8 of the completion of the evaluation required by subsection 

9 (b), the Secretary of Defense and the Director of National 

10 Intelligence shall submit to Congress a report on— 

11 (1) the results of the demonstration project car12 ried out pursuant to subsection (a); 

13 (2) the results of the evaluation carried out 

14 under subsection (b); and 

15 (3) the recommended specific plan and schedule 

16 for replacing the existing process for issuing security 

17 clearances with an improved process. 

18 SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS. 

19 (a) PROTECTION FOR DEPARTMENT LEADERSHIP.— 

20 The Secretary of Defense, under regulations prescribed by 

21 the Secretary and in accordance with guidelines approved 

22 by the Secretary and the Attorney General, may authorize 

23 qualified members of the Armed Forces and qualified civil24 ian employees of the Department of Defense to provide 

25 physical protection and personal security within the 


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1 United States to the following persons who, by nature of 

2 their positions, require continuous security and protection: 

3 (1) Secretary of Defense. 

4 (2) Deputy Secretary of Defense. 

5 (3) Chairman of the Joint Chiefs of Staff. 

6 (4) Vice Chairman of the Joint Chiefs of Staff. 

7 (5) Secretaries of the military departments. 

8 (6) Chiefs of the Services. 

9 (7) Commanders of combatant commands. 

10 (b) PROTECTION FOR ADDITIONAL PERSONNEL.— 

11 (1) AUTHORITY TO PROVIDE.—The Secretary of 

12 Defense, under regulations prescribed by the Sec13 retary and in accordance with guidelines approved 

14 by the Secretary and the Attorney General, may au15 thorize qualified members of the Armed Forces and 

16 qualified civilian employees of the Department of 

17 Defense to provide physical protection and personal 

18 security within the United States to individuals 

19 other than individuals described in paragraphs (1) 

20 through (7) of subsection (a) if the Secretary deter21 mines that such protection and security are nec22 essary because— 

23 (A) there is an imminent and credible 

24 threat to the safety of the individual for whom 

25 protection is to be provided; or 


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1 (B) compelling operational considerations 

2 make such protection essential to the conduct of 

3 official Department of Defense business. 

4 (2) PERSONNEL.—Individuals authorized to re5 ceive physical protection and personal security under 

6 this subsection include the following: 

7 (A) Any official, military member, or em8 ployee of the Department of Defense. 

9 (B) A former or retired official who faces 

10 serious and credible threats arising from duties 

11 performed while employed by the Department 

12 for a period of up to two years beginning on the 

13 date on which the official separates from the 

14 Department. 

15 (C) A head of a foreign state, an official 

16 representative of a foreign government, or any 

17 other distinguished foreign visitor to the United 

18 States who is primarily conducting official busi19 ness with the Department of Defense. 

20 (D) Any member of the immediate family 

21 of a person authorized to receive physical pro22 tection and personal security under this section. 

23 (E) An individual who has been designated 

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1 retary of Defense, but who has not yet been ap2 pointed as Secretary of Defense. 

3 (3) LIMITATION ON DELEGATION.—The author4 ity of the Secretary of Defense to authorize the pro5 vision of physical protection and personal security 

6 under this subsection may be delegated only to the 

7 Deputy Secretary of Defense. 

8 (4) REQUIREMENT FOR WRITTEN DETERMINA9 TION.—A determination of the Secretary of Defense 

10 to provide physical protection and personal security 

11 under this subsection shall be in writing, shall be 

12 based on a threat assessment by an appropriate law 

13 enforcement, security, or intelligence organization, 

14 and shall include the name and title of the officer, 

15 employee, or other individual affected, the reason for 

16 such determination, the duration of the authorized 

17 protection and security for such officer, employee, or 

18 individual, and the nature of the arrangements for 

19 the protection and security. 

20 (5) DURATION OF PROTECTION.— 

21 (A) INITIAL PERIOD OF PROTECTION.— 

22 After making a written determination under 

23 paragraph (4), the Secretary of Defense may 

24 provide protection and security to an individual 


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1 under this subsection for an initial period of not 

2 more than 90 calendar days. 

3 (B) SUBSEQUENT PERIOD.—If, at the end 

4 of the period that protection and security is 

5 provided to an individual under subsection (A), 

6 the Secretary determines that a condition de7 scribed in subparagraph (A) or (B) of para8 graph (1) continues to exist with respect to the 

9 individual, the Secretary may extend the period 

10 that such protection and security is provided for 

11 additional 60-day periods. The Secretary shall 

12 review such a determination at the end of each 

13 60-day period to determine whether to continue 

14 to provide such protection and security. 

15 (C) REQUIREMENT FOR COMPLIANCE WITH

16 REGULATIONS.—Protection and personal secu17 rity provided under subparagraph (B) shall be 

18 provided in accordance with the regulations and 

19 guidelines referred to in paragraph (1). 

20 (6) SUBMISSION TO CONGRESS.— 

21 (A) IN GENERAL.—The Secretary of De22 fense shall submit to the congressional defense 

23 committees each determination made under 

24 paragraph (4) to provide protection and secu25 rity to an individual and of each determination 


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1 under paragraph (5)(B) to extend such protec2 tion and security, together with the justification 

3 for such determination, not later than 15 days 

4 after the date on which the determination is 

5 made. 

6 (B) FORM OF REPORT.—A report sub7 mitted under subparagraph (A) may be made in 

8 classified form. 

9 (C) REGULATIONS AND GUIDELINES.—The 

10 Secretary of Defense shall submit to the con11 gressional defense committees the regulations 

12 and guidelines prescribed pursuant to para13 graph (1) not less than 20 days before the date 

14 on which such regulations take effect. 

15 (c) DEFINITIONS.—In this section: 

16 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

17 The term ‘‘congressional defense committees’’ means 

18 the Committee on Appropriations and the Com19 mittee on Armed Services of the Senate and the 

20 Committee on Appropriations and the Committee on 

21 Armed Services of the House of Representatives. 

22 (2) QUALIFIED MEMBERS OF THE ARMED

23 FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF

24 THE DEPARTMENT OF DEFENSE.—The terms ‘‘quali25 fied members of the Armed Forces’’ and ‘‘qualified 


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1 civilian employees of the Department of Defense’’ 

2 refer collectively to members or employees who are 

3 assigned to investigative, law enforcement, or secu4 rity duties of any of the following: 

5 (A) The Army Criminal Investigation Com6 mand. 

7 (B) The Naval Criminal Investigative Serv8 ice. 

9 (C) The Air Force Office of Special Inves10 tigations. 

11 (D) The Defense Criminal Investigative 

12 Service. 

13 (E) The Pentagon Force Protection Agen14 cy. 

15 (d) CONSTRUCTION.— 

16 (1) NO ADDITIONAL LAW ENFORCEMENT OR

17 ARREST AUTHORITY.—Other than the authority to 

18 provide protection and security under this section, 

19 nothing in this section may be construed to bestow 

20 any additional law enforcement or arrest authority 

21 upon the qualified members of the Armed Forces 

22 and qualified civilian employees of the Department 

23 of Defense. 


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1 (2) POSSE COMITATUS.—Nothing in this section 

2 shall be construed to abridge section 1385 of title 

3 18, United States Code. 

4 (3) AUTHORITIES OF OTHER DEPARTMENTS.— 

5 Nothing in this section may be construed to preclude 

6 or limit, in any way, the express or implied powers 

7 of the Secretary of Defense or other Department of 

8 Defense officials, or the duties and authorities of the 

9 Secretary of State, the Director of the United States 

10 Secret Service, the Director of the United States 

11 Marshals Service, or any other Federal law enforce12 ment agency. 

13 SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMIS14 SION TO ASSESS THE THREAT TO THE 

15 UNITED STATES FROM ELECTROMAGNETIC 

16 PULSE ATTACK. 

17 (a) EXTENSION OF DATE OF SUBMITTAL OF FINAL

18 REPORT.—Section 1403(a) of the Floyd D. Spence Na19 tional Defense Authorization Act for Fiscal Year 2001 (as 

20 enacted into law by Public Law 106–398; 50 U.S.C. 2301 

21 note) is amended by striking ‘‘June 30, 2007’’ and insert22 ing ‘‘November 30, 2008’’. 

23 (b) COORDINATION OF WORK WITH DEPARTMENT

24 OF HOMELAND SECURITY.—Section 1404 of such Act is 


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1 amended by adding at the end the following new sub2 section: 

3 ‘‘(c) COORDINATION WITH DEPARTMENT OF HOME4 LAND SECURITY.—The Commission and the Secretary of 

5 Homeland Security shall jointly ensure that the work of 

6 the Commission with respect to electromagnetic pulse at7 tack on electricity infrastructure, and protection against 

8 such attack, is coordinated with Department of Homeland 

9 Security efforts on such matters.’’. 

10 (c) LIMITATION ON DEPARTMENT OF DEFENSE

11 FUNDING.—The aggregate amount of funds provided by 

12 the Department of Defense to the Commission to Assess 

13 the Threat to the United States from Electromagnetic 

14 Pulse Attack for purposes of the preparation and sub15 mittal of the final report required by section 1403(a) of 

16 the Floyd D. Spence National Defense Authorization Act 

17 for Fiscal Year 2001 (as amended by subsection (a)), 

18 whether by transfer or otherwise and including funds pro19 vided the Commission before the date of the enactment 

20 of this Act, shall not exceed $5,600,000. 

21 SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNO22 VATION RESEARCH PROGRAM. 

23 It is the sense of Congress that— 

24 (1) the Department of Defense’s Small Busi25 ness Innovation Research program has been effective 


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1 in supporting the performance of the missions of the 

2 Department of Defense, by stimulating technological 

3 innovation through investments in small business re4 search activities; 

5 (2) the Department of Defense’s Small Busi6 ness Innovation Research program has transitioned 

7 a number of technologies and systems into oper8 ational use by warfighters; and 

9 (3) the Department of Defense’s Small Busi10 ness Innovation Research program should be reau11 thorized so as to ensure that the program’s activities 

12 can continue seamlessly, efficiently, and effectively. 

13 SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION. 

14 Subsection (c) of section 2245 of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(c) In this section, the term ‘proficiency flying’ 

17 means flying performed under competent orders by a rated 

18 or designated member of the armed forces while serving 

19 in a non-aviation assignment or in an assignment in which 

20 skills would normally not be maintained in the perform21 ance of assigned duties.’’. 


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1 SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STA2 TUS OF AIRCRAFT UNDER CONTRACT WITH 

3 THE ARMED FORCES. 

4 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section 

5 40102(a)(41)(E) of title 49, United States Code, is 

6 amended— 

7 (1) by inserting ‘‘or other commercial air serv8 ice’’ after ‘‘transportation’’; and 

9 (2) by adding at the end the following: ‘‘In the 

10 preceding sentence, the term ‘other commercial air 

11 service’ means an aircraft operation that (i) is with12 in the United States territorial airspace; (ii) the Ad13 ministrator of the Federal Aviation Administration 

14 determines is available for compensation or hire to 

15 the public, and (iii) must comply with all applicable 

16 civil aircraft rules under title 14, Code of Federal 

17 Regulations.’’. 

18 (b) AIRCRAFT OPERATED BY THE ARMED FORCES.— 

19 Section 40125(c)(1)(C) of such title is amended by insert20 ing ‘‘or other commercial air service’’ after ‘‘transpor21 tation’’. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) Section 40125(b) of such title is amended 

24 by striking ‘‘40102(a)(37)’’ and inserting 

25 ‘‘40102(a)(41)’’. 


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1 (2) Section 40125(c)(1) of such title is amend2 ed by striking ‘‘40102(a)(37)(E)’’ and inserting 

3 ‘‘40102(a)(41)(E)’’. 

4 SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON 

5 ARMED SERVICES OF THE SENATE AND THE 

6 HOUSE OF REPRESENTATIVES. 

7 (a) REQUESTS OF COMMITTEES.—The Director of 

8 the National Counterterrorism Center, the Director of a 

9 national intelligence center, or the head of any element 

10 of the intelligence community shall, not later than 45 days 

11 after receiving a written request from the Chair or ranking 

12 minority member of the Committee on Armed Services of 

13 the Senate or the Committee on Armed Services of the 

14 House of Representatives for any existing intelligence as15 sessment, report, estimate, or legal opinion relating to 

16 matters within the jurisdiction of such Committee, make 

17 available to such committee such assessment, report, esti18 mate, or legal opinion, as the case may be. 

19 (b) ASSERTION OF PRIVILEGE.— 

20 (1) IN GENERAL.—In response to a request cov21 ered by subsection (a), the Director of the National 

22 Counterterrorism Center, the Director of a national 

23 intelligence center, or the head of any element of the 

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1 mation covered by such request unless the President 

2 determines that such document or information shall 

3 not be provided because the President is asserting a 

4 privilege pursuant to the Constitution of the United 

5 States. 

6 (2) SUBMISSION TO CONGRESS.—The White 

7 House Counsel shall submit to Congress in writing 

8 any assertion by the President under paragraph (1) 

9 of a privilege pursuant to the Constitution. 

10 (c) DEFINITIONS.—In this section: 

11 (1) INTELLIGENCE COMMUNITY.—The term 

12 ‘‘intelligence community’’ has the meaning given the 

13 term in section 3(4) of the National Security Act of 

14 1947 (50 U.S.C. 401a(4)). 

15 (2) INTELLIGENCE ASSESSMENT.—The term 

16 ‘‘intelligence assessment’’ means an intelligence-re17 lated analytical study of a subject of policy signifi18 cance and does not include building-block papers, re19 search projects, and reference aids. 

20 (3) INTELLIGENCE ESTIMATE.—The term ‘‘in21 telligence estimate’’ means an appraisal of available 

22 intelligence relating to a specific situation or condi23 tion with a view to determining the courses of action 

24 open to an enemy or potential enemy and the prob25 able order of adoption of such courses of action. 


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1 SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVI2 SION OF RECIPROCAL FIRE PROTECTION 

3 SERVICES. 

4 Section 5 of the Act of May 27, 1955 (chapter 105; 

5 69 Stat. 67; 42 U.S.C. 1856d) is amended— 

6 (1) by striking ‘‘Funds’’ and inserting ‘‘(a) 

7 Funds’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) Notwithstanding the provisions of subsection 

11 (a), all sums received for any Department of Defense ac12 tivity for fire protection rendered pursuant to this Act 

13 shall be credited to the appropriation fund or account from 

14 which the expenses were paid. Amounts so credited shall 

15 be merged with funds in such appropriation fund or ac16 count and shall be available for the same purposes and 

17 subject to the same limitations as the funds with which 

18 the funds are merged.’’. 

19 SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR20 SERVICE AIR REFUELING SUPPORT FOR THE 

21 AIR FORCE. 

22 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

23 the Air Force shall conduct, as soon as practicable after 

24 the date of the enactment of this Act, a pilot program 

25 to assess the feasibility and advisability of utilizing com26 mercial fee-for-service air refueling tanker aircraft for Air 


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1 Force operations. The duration of the pilot program shall 

2 be at least five years after commencement of the program. 

3 (b) PURPOSE.— 

4 (1) IN GENERAL.—The pilot program required 

5 by subsection (a) shall evaluate the feasibility of fee6 for-service air refueling to support, augment, or en7 hance the air refueling mission of the Air Force by 

8 utilizing commercial air refueling providers on a fee9 for-service basis. 

10 (2) ELEMENTS.—In order to achieve the pur11 pose of the pilot program, the Secretary of the Air 

12 Force shall— 

13 (A) demonstrate and validate a comprehen14 sive strategy for air refueling on a fee-for-serv15 ice basis by evaluating all mission areas, includ16 ing testing support, training support to receiv17 ing aircraft, homeland defense support, deploy18 ment support, air bridge support, aeromedical 

19 evacuation, and emergency air refueling; and 

20 (B) integrate fee-for-service air refueling 

21 described in paragraph (1) into Air Mobility 

22 Command operations during the evaluation and 

23 execution phases of the pilot program. 

24 (c) ANNUAL REPORT.—The Secretary of the Air 

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1 tees an annual report on the fee-for-service air refueling 

2 program, which includes— 

3 (1) information with respect to— 

4 (A) missions flown; 

5 (B) mission areas supported; 

6 (C) aircraft number, type, model series 

7 supported; 

8 (D) fuel dispensed; 

9 (E) departure reliability rates; and 

10 (F) the annual and cumulative cost to the 

11 Government for the program, including a com12 parison of costs of the same service provided by 

13 the Air Force; 

14 (2) an assessment of the impact of outsourcing 

15 air refueling on the Air Force’s flying hour program 

16 and aircrew training; and 

17 (3) any other data that the Secretary deter18 mines is appropriate for evaluating the performance 

19 of the commercial air refueling providers partici20 pating in the pilot program. 

21 (d) COMPTROLLER GENERAL REVIEW.—The Comp22 troller General shall submit to the congressional defense 

23 committees— 

24 (1) an annual review of the conduct of the pilot 

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1 tions of the Comptroller General for improving the 

2 program; and 

3 (2) not later than 90 days after the completion 

4 of the pilot program, a final assessment of the re5 sults of the pilot program and the recommendations 

6 of the Comptroller General for whether the Sec7 retary of the Air Force should continue to utilize 

8 fee-for-service air refueling. 

9 SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE 

10 CAPABILITIES FOR SUPPORT OF CIVIL AU11 THORITIES AFTER CERTAIN INCIDENTS. 

12 (a) IN GENERAL.—The Secretary of Defense shall es13 tablish an advisory panel to carry out an assessment of 

14 the capabilities of the Department of Defense to provide 

15 support to United States civil authorities in the event of 

16 a chemical, biological, radiological, nuclear, or high-yield 

17 explosive (CBRNE) incident. 

18 (b) PANEL MATTERS.— 

19 (1) IN GENERAL.—The advisory panel required 

20 by subsection (a) shall consist of individuals ap21 pointed by the Secretary of Defense (in consultation 

22 with the chairmen and ranking members of the 

23 Committees on Armed Services of the Senate and 

24 the House of Representatives) from among private 

25 citizens of the United States with expertise in the 


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1 legal, operational, and organizational aspects of the 

2 management of the consequences of a chemical, bio3 logical, radiological, nuclear, or high-yield explosive 

4 incident. 

5 (2) DEADLINE FOR APPOINTMENT.—All mem6 bers of the advisory panel shall be appointed under 

7 this subsection not later than 30 days after the date 

8 on which the Secretary enters into the contract re9 quired by subsection (c). 

10 (3) INITIAL MEETING.—The advisory panel 

11 shall conduct its first meeting not later than 30 days 

12 after the date that all appointments to the panel 

13 have been made under this subsection. 

14 (4) PROCEDURES.—The advisory panel shall 

15 carry out its duties under this section under proce16 dures established under subsection (c) by the feder17 ally funded research and development center with 

18 which the Secretary contracts under that subsection. 

19 Such procedures shall include procedures for the se20 lection of a chairman of the advisory panel from 

21 among its members. 

22 (c) SUPPORT OF FEDERALLY FUNDED RESEARCH

23 AND DEVELOPMENT CENTER.— 

24 (1) IN GENERAL.—The Secretary of Defense 

25 shall enter into a contract with a federally funded 


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1 research and development center for the provision of 

2 support and assistance to the advisory panel re3 quired by subsection (a) in carrying out its duties 

4 under this section. Such support and assistance shall 

5 include the establishment of the procedures of the 

6 advisory panel under subsection (b)(4). 

7 (2) DEADLINE FOR CONTRACT.—The Secretary 

8 shall enter into the contract required by this sub9 section not later than 60 days after the date of the 

10 enactment of this Act. 

11 (d) DUTIES OF PANEL.—The advisory panel required 

12 by subsection (a) shall— 

13 (1) evaluate the authorities and capabilities of 

14 the Department of Defense to conduct operations in 

15 support to United States civil authorities in the 

16 event of a chemical, biological, radiological, nuclear, 

17 or high-yield explosive incident, including the au18 thorities and capabilities of the military depart19 ments, the Defense Agencies, the combatant com20 mands, any supporting commands, and the reserve 

21 components of the Armed Forces (including the Na22 tional Guard in a Federal and non-Federal status); 

23 (2) assess the adequacy of existing plans and 

24 programs of the Department of Defense for training 

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1 poses forces for conducting operations described in 

2 paragraph (1) across a broad spectrum of scenarios, 

3 including current National Planning Scenarios as 

4 applicable; 

5 (3) assess policies, directives, and plans of the 

6 Department of Defense in support of civilian au7 thorities in managing the consequences of a chem8 ical, biological, radiological, nuclear, or high-yield ex9 plosive incident; 

10 (4) assess the adequacy of policies and struc11 tures of the Department of Defense for coordination 

12 with other department and agencies of the Federal 

13 Government, especially the Department of Homeland 

14 Security, the Department of Energy, the Depart15 ment of Justice, and the Department of Health and 

16 Human Services, in the provision of support de17 scribed in paragraph (1); 

18 (5) assess the adequacy and currency of infor19 mation available to the Department of Defense, 

20 whether directly or through other departments and 

21 agencies of the Federal Government, from State and 

22 local governments in circumstances where the De23 partment provides support described in paragraph 

24 (1) because State and local response capabilities are 

25 not fully adequate for a comprehensive response; 


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1 (6) assess the equipment capabilities and needs 

2 of the Department of Defense to provide support de3 scribed in paragraph (1); 

4 (7) develop recommendations for modifying the 

5 capabilities, plans, policies, equipment, and struc6 tures evaluated or assessed under this subsection in 

7 order to improve the provision by the Department of 

8 Defense of the support described in paragraph (1); 

9 and 

10 (8) assess and make recommendations on— 

11 (A) whether there should be any additional 

12 Weapons of Mass Destruction Civil Support 

13 Teams, beyond the 55 already authorized and, 

14 if so, how many additional Civil Support 

15 Teams, and where they should be located; and 

16 (B) what criteria and considerations are 

17 appropriate to determine whether additional 

18 Civil Support Teams are needed and, if so, 

19 where they should be located. 

20 (e) COOPERATION OF OTHER AGENCIES.— 

21 (1) IN GENERAL.—The advisory panel required 

22 by subsection (a) may secure directly from the De23 partment of Defense, the Department of Homeland 

24 Security, the Department of Energy, the Depart25 ment of Justice, the Department of Health and 


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1 Human Services, and any other department or agen2 cy of the Federal Government information that the 

3 panel considers necessary for the panel to carry out 

4 its duties. 

5 (2) COOPERATION.—The Secretary of Defense, 

6 the Secretary of Homeland Secretary, the Secretary 

7 of Energy, the Attorney General, the Secretary of 

8 Health and Human Services, and any other official 

9 of the United States shall provide the advisory panel 

10 with full and timely cooperation in carrying out its 

11 duties under this section. 

12 (f) REPORT.—Not later than 12 months after the 

13 date of the initial meeting of the advisory panel required 

14 by subsection (a), the advisory panel shall submit to the 

15 Secretary of Defense, and to the Committees on Armed 

16 Services of the Senate and the House of Representatives, 

17 a report on activities under this section. The report shall 

18 set forth— 

19 (1) the findings, conclusions, and recommenda20 tions of the advisory panel for improving the capa21 bilities of the Department of Defense to provide sup22 port to United States civil authorities in the event 

23 of a chemical, biological, radiological, nuclear, or 

24 high-yield explosive incident; and 


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1 (2) such other findings, conclusions, and rec2 ommendations for improving the capabilities of the 

3 Department for homeland defense as the advisory 

4 panel considers appropriate. 

5 SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 

6 (a) TERRORISM EXCEPTION TO IMMUNITY.— 

7 (1) IN GENERAL.—Chapter 97 of title 28, 

8 United States Code, is amended by inserting after 

9 section 1605 the following: 

10 ‘‘§ 1605A. Terrorism exception to the jurisdictional 

11 immunity of a foreign state 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) NO IMMUNITY.—A foreign state shall not 

14 be immune from the jurisdiction of courts of the 

15 United States or of the States in any case not other16 wise covered by this chapter in which money dam17 ages are sought against a foreign state for personal 

18 injury or death that was caused by an act of torture, 

19 extrajudicial killing, aircraft sabotage, hostage tak20 ing, or the provision of material support or resources 

21 for such an act if such act or provision of material 

22 support or resources is engaged in by an official, 

23 employee, or agent of such foreign state while acting 

24 within the scope of his or her office, employment, or 

25 agency. 


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1 ‘‘(2) CLAIM HEARD.—The court shall hear a 

2 claim under this section if— 

3 ‘‘(A)(i)(I) the foreign state was designated 

4 as a state sponsor of terrorism at the time the 

5 act described in paragraph (1) occurred, or was 

6 so designated as a result of such act, and, sub7 ject to subclause (II), either remains so des8 ignated when the claim is filed under this sec9 tion or was so designated within the 6-month 

10 period before the claim is filed under this sec11 tion; or 

12 ‘‘(II) in the case of an action that is refiled 

13 under this section by reason of section 

14 1083(c)(2)(A) of the National Defense Author15 ization Act for Fiscal Year 2008 or is filed 

16 under this section by reason of section 

17 1083(c)(3) of that Act, the foreign state was 

18 designated as a state sponsor of terrorism when 

19 the original action or the related action under 

20 section 1605(a)(7) (as in effect before the en21 actment of this section) or section 589 of the 

22 Foreign Operations, Export Financing, and Re23 lated Programs Appropriations Act, 1997 (as 

24 contained in section 101(c) of division A of 

25 Public Law 104–208) was filed; 


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1 ‘‘(ii) the claimant or the victim was, at the 

2 time the act described in paragraph (1) oc3 curred— 

4 ‘‘(I) a national of the United States; 

5 ‘‘(II) a member of the armed forces; 

6 or 

7 ‘‘(III) otherwise an employee of the 

8 Government of the United States, or of an 

9 individual performing a contract awarded 

10 by the United States Government, acting 

11 within the scope of the employee’s employ12 ment; and 

13 ‘‘(iii) in a case in which the act occurred 

14 in the foreign state against which the claim has 

15 been brought, the claimant has afforded the 

16 foreign state a reasonable opportunity to arbi17 trate the claim in accordance with the accepted 

18 international rules of arbitration; or 

19 ‘‘(B) the act described in paragraph (1) is 

20 related to Case Number 1:00CV03110 (EGS) 

21 in the United States District Court for the Dis22 trict of Columbia. 

23 ‘‘(b) LIMITATIONS.—An action may be brought or 

24 maintained under this section if the action is commenced, 

25 or a related action was commenced under section 


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1 1605(a)(7) (before the date of the enactment of this sec2 tion) or section 589 of the Foreign Operations, Export Fi3 nancing, and Related Programs Appropriations Act, 1997 

4 (as contained in section 101(c) of division A of Public Law 

5 104–208) not later than the latter of— 

6 ‘‘(1) 10 years after April 24, 1996; or 

7 ‘‘(2) 10 years after the date on which the cause 

8 of action arose. 

9 ‘‘(c) PRIVATE RIGHT OF ACTION.—A foreign state 

10 that is or was a state sponsor of terrorism as described 

11 in subsection (a)(2)(A)(i), and any official, employee, or 

12 agent of that foreign state while acting within the scope 

13 of his or her office, employment, or agency, shall be liable 

14 to— 

15 ‘‘(1) a national of the United States, 

16 ‘‘(2) a member of the armed forces, 

17 ‘‘(3) an employee of the Government of the 

18 United States, or of an individual performing a con19 tract awarded by the United States Government, 

20 acting within the scope of the employee’s employ21 ment, or 

22 ‘‘(4) the legal representative of a person de23 scribed in paragraph (1), (2), or (3), 

24 for personal injury or death caused by acts described in 

25 subsection (a)(1) of that foreign state, or of an official, 


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1 employee, or agent of that foreign state, for which the 

2 courts of the United States may maintain jurisdiction 

3 under this section for money damages. In any such action, 

4 damages may include economic damages, solatium, pain 

5 and suffering, and punitive damages. In any such action, 

6 a foreign state shall be vicariously liable for the acts of 

7 its officials, employees, or agents. 

8 ‘‘(d) ADDITIONAL DAMAGES.—After an action has 

9 been brought under subsection (c), actions may also be 

10 brought for reasonably foreseeable property loss, whether 

11 insured or uninsured, third party liability, and loss claims 

12 under life and property insurance policies, by reason of 

13 the same acts on which the action under subsection (c) 

14 is based. 

15 ‘‘(e) SPECIAL MASTERS.— 

16 ‘‘(1) IN GENERAL.—The courts of the United 

17 States may appoint special masters to hear damage 

18 claims brought under this section. 

19 ‘‘(2) TRANSFER OF FUNDS.—The Attorney 

20 General shall transfer, from funds available for the 

21 program under section 1404C of the Victims of 

22 Crime Act of 1984 (42 U.S.C. 10603c), to the Ad23 ministrator of the United States district court in 

24 which any case is pending which has been brought 

25 or maintained under this section such funds as may 


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1 be required to cover the costs of special masters ap2 pointed under paragraph (1). Any amount paid in 

3 compensation to any such special master shall con4 stitute an item of court costs. 

5 ‘‘(f) APPEAL.—In an action brought under this sec6 tion, appeals from orders not conclusively ending the liti7 gation may only be taken pursuant to section 1292(b) of 

8 this title. 

9 ‘‘(g) PROPERTY DISPOSITION.— 

10 ‘‘(1) IN GENERAL.—In every action filed in a 

11 United States district court in which jurisdiction is 

12 alleged under this section, the filing of a notice of 

13 pending action pursuant to this section, to which is 

14 attached a copy of the complaint filed in the action, 

15 shall have the effect of establishing a lien of lis 

16 pendens upon any real property or tangible personal 

17 property that is— 

18 ‘‘(A) subject to attachment in aid of execu19 tion, or execution, under section 1610; 

20 ‘‘(B) located within that judicial district; 

21 and 

22 ‘‘(C) titled in the name of any defendant, 

23 or titled in the name of any entity controlled by 

24 any defendant if such notice contains a state25 ment listing such controlled entity. 


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1 ‘‘(2) NOTICE.—A notice of pending action pur2 suant to this section shall be filed by the clerk of the 

3 district court in the same manner as any pending 

4 action and shall be indexed by listing as defendants 

5 all named defendants and all entities listed as con6 trolled by any defendant. 

7 ‘‘(3) ENFORCEABILITY.—Liens established by 

8 reason of this subsection shall be enforceable as pro9 vided in chapter 111 of this title. 

10 ‘‘(h) DEFINITIONS.—For purposes of this section— 

11 ‘‘(1) the term ‘aircraft sabotage’ has the mean12 ing given that term in Article 1 of the Convention 

13 for the Suppression of Unlawful Acts Against the 

14 Safety of Civil Aviation; 

15 ‘‘(2) the term ‘hostage taking’ has the meaning 

16 given that term in Article 1 of the International 

17 Convention Against the Taking of Hostages; 

18 ‘‘(3) the term ‘material support or resources’ 

19 has the meaning given that term in section 2339A 

20 of title 18; 

21 ‘‘(4) the term ‘armed forces’ has the meaning 

22 given that term in section 101 of title 10; 

23 ‘‘(5) the term ‘national of the United States’ 

24 has the meaning given that term in section 


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1 101(a)(22) of the Immigration and Nationality Act 

2 (8 U.S.C. 1101(a)(22)); 

3 ‘‘(6) the term ‘state sponsor of terrorism’ 

4 means a country the government of which the Sec5 retary of State has determined, for purposes of sec6 tion 6(j) of the Export Administration Act of 1979 

7 (50 U.S.C. App. 2405(j)), section 620A of the For8 eign Assistance Act of 1961 (22 U.S.C. 2371), sec9 tion 40 of the Arms Export Control Act (22 U.S.C. 

10 2780), or any other provision of law, is a govern11 ment that has repeatedly provided support for acts 

12 of international terrorism; and 

13 ‘‘(7) the terms ‘torture’ and ‘extrajudicial kill14 ing’ have the meaning given those terms in section 

15 3 of the Torture Victim Protection Act of 1991 (28 

16 U.S.C. 1350 note).’’. 

17 (2) AMENDMENT TO CHAPTER ANALYSIS.—The 

18 table of sections at the beginning of chapter 97 of 

19 title 28, United States Code, is amended by insert20 ing after the item relating to section 1605 the fol21 lowing: 

‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) GENERAL EXCEPTION.—Section 1605 of 

24 title 28, United States Code, is amended— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (5)(B), by inserting 

2 ‘‘or’’ after the semicolon; 

3 (ii) in paragraph (6)(D), by striking 

4 ‘‘; or’’ and inserting a period; and 

5 (iii) by striking paragraph (7); 

6 (B) by repealing subsections (e) and (f); 

7 and 

8 (C) in subsection (g)(1)(A), by striking 

9 ‘‘but for subsection (a)(7)’’ and inserting ‘‘but 

10 for section 1605A’’. 

11 (2) COUNTERCLAIMS.—Section 1607(a) of title 

12 28, United States Code, is amended by inserting ‘‘or 

13 1605A’’ after ‘‘1605’’. 

14 (3) PROPERTY.—Section 1610 of title 28, 

15 United States Code, is amended— 

16 (A) in subsection (a)(7), by striking 

17 ‘‘1605(a)(7)’’ and inserting ‘‘1605A’’; 

18 (B) in subsection (b)(2), by striking ‘‘(5), 

19 or (7), or 1605(b)’’ and inserting ‘‘or (5), 

20 1605(b), or 1605A’’; 

21 (C) in subsection (f), in paragraphs (1)(A) 

22 and (2)(A), by inserting ‘‘(as in effect before 

23 the enactment of section 1605A) or section 

24 1605A’’ after ‘‘1605(a)(7)’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(g) PROPERTY IN CERTAIN ACTIONS.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

3 the property of a foreign state against which a judg4 ment is entered under section 1605A, and the prop5 erty of an agency or instrumentality of such a state, 

6 including property that is a separate juridical entity 

7 or is an interest held directly or indirectly in a sepa8 rate juridical entity, is subject to attachment in aid 

9 of execution, and execution, upon that judgment as 

10 provided in this section, regardless of— 

11 ‘‘(A) the level of economic control over the 

12 property by the government of the foreign state; 

13 ‘‘(B) whether the profits of the property go 

14 to that government; 

15 ‘‘(C) the degree to which officials of that 

16 government manage the property or otherwise 

17 control its daily affairs; 

18 ‘‘(D) whether that government is the sole 

19 beneficiary in interest of the property; or 

20 ‘‘(E) whether establishing the property as 

21 a separate entity would entitle the foreign state 

22 to benefits in United States courts while avoid23 ing its obligations. 

24 ‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN25 APPLICABLE.—Any property of a foreign state, or 


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1 agency or instrumentality of a foreign state, to 

2 which paragraph (1) applies shall not be immune 

3 from attachment in aid of execution, or execution, 

4 upon a judgment entered under section 1605A be5 cause the property is regulated by the United States 

6 Government by reason of action taken against that 

7 foreign state under the Trading With the Enemy 

8 Act or the International Emergency Economic Pow9 ers Act. 

10 ‘‘(3) THIRD-PARTY JOINT PROPERTY HOLD11 ERS.—Nothing in this subsection shall be construed 

12 to supersede the authority of a court to prevent ap13 propriately the impairment of an interest held by a 

14 person who is not liable in the action giving rise to 

15 a judgment in property subject to attachment in aid 

16 of execution, or execution, upon such judgment.’’. 

17 (4) VICTIMS OF CRIME ACT.—Section 

18 1404C(a)(3) of the Victims of Crime Act of 1984 

19 (42 U.S.C. 10603c(a)(3)) is amended by striking 

20 ‘‘December 21, 1988 with respect to which an inves21 tigation or’’ and inserting ‘‘October 23, 1983, with 

22 respect to which an investigation or civil or crimi23 nal’’. 

24 (c) APPLICATION TO PENDING CASES.— 


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1 (1) IN GENERAL.—The amendments made by 

2 this section shall apply to any claim arising under 

3 section 1605A of title 28, United States Code. 

4 (2) PRIOR ACTIONS.— 

5 (A) IN GENERAL.—With respect to any ac6 tion that— 

7 (i) was brought under section 

8 1605(a)(7) of title 28, United States Code, 

9 or section 589 of the Foreign Operations, 

10 Export Financing, and Related Programs 

11 Appropriations Act, 1997 (as contained in 

12 section 101(c) of division A of Public Law 

13 104–208), before the date of the enact14 ment of this Act, 

15 (ii) relied upon either such provision 

16 as creating a cause of action, 

17 (iii) has been adversely affected on the 

18 grounds that either or both of these provi19 sions fail to create a cause of action 

20 against the state, and 

21 (iv) as of such date of enactment, is 

22 before the courts in any form, including on 

23 appeal or motion under rule 60(b) of the 

24 Federal Rules of Civil Procedure, 


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1 that action, and any judgment in the action 

2 shall, on motion made by plaintiffs to the 

3 United States district court where the action 

4 was initially brought, or judgment in the action 

5 was initially entered, be given effect as if the 

6 action had originally been filed under section 

7 1605A(c) of title 28, United States Code. 

8 (B) DEFENSES WAIVED.—The defenses of 

9 res judicata, collateral estoppel, and limitation 

10 period are waived— 

11 (i) in any action with respect to which 

12 a motion is made under subparagraph (A), 

13 or 

14 (ii) in any action that was originally 

15 brought, before the date of the enactment 

16 of this Act, under section 1605(a)(7) of 

17 title 28, United States Code, or section 

18 589 of the Foreign Operations, Export Fi19 nancing, and Related Programs Appropria20 tions Act, 1997 (as contained in section 

21 101(c) of division A of Public Law 104– 

22 208), and is refiled under section 1605A(c) 

23 of title 28, United States Code, 

24 to the extent such defenses are based on the 

25 claim in the action. 


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1 (C) TIME LIMITATIONS.—A motion may be 

2 made or an action may be refiled under sub3 paragraph (A) only— 

4 (i) if the original action was com5 menced not later than the latter of— 

6 (I) 10 years after April 24, 1996; 

7 or 

8 (II) 10 years after the cause of 

9 action arose; and 

10 (ii) within the 60-day period begin11 ning on the date of the enactment of this 

12 Act. 

13 (3) RELATED ACTIONS.—If an action arising 

14 out of an act or incident has been timely commenced 

15 under section 1605(a)(7) of title 28, United States 

16 Code, or section 589 of the Foreign Operations, Ex17 port Financing, and Related Programs Appropria18 tions Act, 1997 (as contained in section 101(c) of 

19 division A of Public Law 104–208), any other action 

20 arising out of the same act or incident may be 

21 brought under section 1605A of title 28, United 

22 States Code, if the action is commenced not later 

23 than the latter of 60 days after— 

24 (A) the date of the entry of judgment in 

25 the original action; or 


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1 (B) the date of the enactment of this Act. 

2 (4) PRESERVING THE JURISDICTION OF THE

3 COURTS.—Nothing in section 1503 of the Emer4 gency Wartime Supplemental Appropriations Act, 

5 2003 (Public Law 108–11, 117 Stat. 579) has ever 

6 authorized, directly or indirectly, the making inappli7 cable of any provision of chapter 97 of title 28, 

8 United States Code, or the removal of the jurisdic9 tion of any court of the United States. 

10 (d) APPLICABILITY TO IRAQ.— 

11 (1) APPLICABILITY.—The President may waive 

12 any provision of this section with respect to Iraq, in13 sofar as that provision may, in the President’s deter14 mination, affect Iraq or any agency or instrumen15 tality thereof, if the President determines that— 

16 (A) the waiver is in the national security 

17 interest of the United States; 

18 (B) the waiver will promote the reconstruc19 tion of, the consolidation of democracy in, and 

20 the relations of the United States with, Iraq; 

21 and 

22 (C) Iraq continues to be a reliable ally of 

23 the United States and partner in combating 

24 acts of international terrorism. 


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1 (2) TEMPORAL SCOPE.—The authority under 

2 paragraph (1) shall apply— 

3 (A) with respect to any conduct or event 

4 occurring before or on the date of the enact5 ment of this Act; 

6 (B) with respect to any conduct or event 

7 occurring before or on the date of the exercise 

8 of that authority; and 

9 (C) regardless of whether, or the extent to 

10 which, the exercise of that authority affects any 

11 action filed before, on, or after the date of the 

12 exercise of that authority or of the enactment 

13 of this Act. 

14 (3) NOTIFICATION TO CONGRESS.—A waiver by 

15 the President under paragraph (1) shall cease to be 

16 effective 30 days after it is made unless the Presi17 dent has notified Congress in writing of the basis for 

18 the waiver as determined by the President under 

19 paragraph (1). 

20 (4) SENSE OF CONGRESS.—It is the sense of 

21 the Congress that the President, acting through the 

22 Secretary of State, should work with the Govern23 ment of Iraq on a state-to-state basis to ensure com24 pensation for any meritorious claims based on ter25 rorist acts committed by the Saddam Hussein reVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 gime against individuals who were United States na2 tionals or members of the United States Armed 

3 Forces at the time of those terrorist acts and whose 

4 claims cannot be addressed in courts in the United 

5 States due to the exercise of the waiver authority 

6 under paragraph (1). 

7 (e) SEVERABILITY.—If any provision of this section 

8 or the amendments made by this section, or the applica9 tion of such provision to any person or circumstance, is 

10 held invalid, the remainder of this section and such 

11 amendments, and the application of such provision to 

12 other persons not similarly situated or to other cir13 cumstances, shall not be affected by such invalidation. 

14 TITLE XI—CIVILIAN PERSONNEL 

15 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. 


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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. 

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. 

1 SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

2 LIMITATION ON TOTAL COMPENSATION PAID 

3 TO FEDERAL CIVILIAN EMPLOYEES WORKING 

4 OVERSEAS UNDER AREAS OF UNITED STATES 

5 CENTRAL COMMAND. 

6 (a) EXTENSION.—Section 1105 of the National De7 fense Authorization Act for Fiscal Year 2006 (Public Law 

8 109–163; 119 Stat. 3450), as amended by section 1105 

9 of the John Warner National Defense Authorization Act 

10 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

11 2409), is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘and 2007’’ and inserting 

14 ‘‘, 2007, and 2008’’; and 

15 (B) by striking ‘‘Code).’’ and inserting 

16 ‘‘Code) or, during 2008, a military operation 

17 (including a contingency operation, as so de18 fined) or an operation in response to an emer19 gency declared by the President.’’; and 


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1 (2) in subsection (b), by striking ‘‘2007.’’ and 

2 inserting ‘‘2007 or 2008.’’. 

3 (b) RETROACTIVE EFFECTIVE DATE.—The amend4 ments made by subsection (a) shall take effect as of De5 cember 31, 2007. 

6 SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE 

7 FOR FEDERAL EMPLOYEES CALLED TO AC8 TIVE DUTY. 

9 Section 8706 of title 5, United States Code, is 

10 amended— 

11 (1) by redesignating subsections (d) through (g) 

12 as subsections (e) through (h), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d)(1) An employee who enters on approved leave 

16 without pay in the circumstances described in paragraph 

17 (2) may elect to have such employee’s life insurance con18 tinue (beyond the end of the 12 months of coverage pro19 vided for under subsection (a)) for an additional 12 

20 months and arrange to pay currently into the Employees’ 

21 Life Insurance Fund, through such employee’s employing 

22 agency, both employee and agency contributions, from the 

23 beginning of that additional 12 months of coverage. The 

24 employing agency shall forward the premium payments to 

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1 ee’s insurance will continue during nonpay status and stop 

2 as provided by subsection (a). An individual making an 

3 election under this subsection may cancel that election at 

4 any time, in which case such employee’s insurance will 

5 stop as provided by subsection (a) or upon receipt of notice 

6 of cancellation, whichever is later. 

7 ‘‘(2) This subsection applies in the case of any em8 ployee who— 

9 ‘‘(A) is a member of a reserve component of the 

10 armed forces called or ordered to active duty under 

11 a call or order that does not specify a period of 30 

12 days or less; and 

13 ‘‘(B) enters on approved leave without pay to 

14 perform active duty pursuant to such call or order.’’. 

15 SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSE16 HOLD EFFECTS, AND PERSONAL PROPERTY 

17 TO FORMER HOME FOLLOWING DEATH OF 

18 FEDERAL EMPLOYEE WHERE DEATH RE19 SULTED FROM DISEASE OR INJURY IN20 CURRED IN THE CENTRAL COMMAND AREA 

21 OF RESPONSIBILITY. 

22 (a) IN GENERAL.—Paragraph (2) of section 5742(b) 

23 of title 5, United States Code, is amended to read as fol24 lows: 


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1 ‘‘(2) the expense of transporting his depend2 ents, including expenses of packing, crating, draying, 

3 and transporting household effects and other per4 sonal property to his former home or such other 

5 place as is determined by the head of the agency 

6 concerned, if— 

7 ‘‘(A) the employee died while performing 

8 official duties outside the continental United 

9 States or in transit thereto or therefrom; or 

10 ‘‘(B) in the case of an employee who was 

11 a party to a mandatory mobility agreement that 

12 was in effect when the employee died— 

13 ‘‘(i) the employee died in the cir14 cumstances described in subparagraph (A); 

15 or 

16 ‘‘(ii)(I) the employee died as a result 

17 of disease or injury incurred while per18 forming official duties— 

19 ‘‘(aa) in an overseas location 

20 that, at the time such employee was 

21 performing such official duties, was 

22 within the area of responsibility of the 

23 Commander of the United States Cen24 tral Command; and 


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1 ‘‘(bb) in direct support of or di2 rectly related to a military operation, 

3 including a contingency operation (as 

4 defined in section 101(13) of title 10) 

5 or an operation in response to an 

6 emergency declared by the President; 

7 and 

8 ‘‘(II) the employee’s dependents were 

9 residing either outside the continental 

10 United States or within the continental 

11 United States when the employee died; 

12 and’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall apply with respect to deaths occurring 

15 on or after the date of the enactment of this Act. 

16 SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 

17 ASSIGNED ON DEPLOYMENT TEMPORARY 

18 CHANGE OF STATION. 

19 (a) AUTHORITY.—Subchapter II of chapter 57 of title 

20 5, United States Code, is amended by inserting after sec21 tion 5737 the following: 

22 ‘‘§ 5737a. Employees temporarily deployed in contin23 gency operations 

24 ‘‘(a) DEFINITIONS.—For purposes of this section— 


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1 ‘‘(1) the term ‘covered employee’ means an indi2 vidual who— 

3 ‘‘(A) is an employee of an Executive agen4 cy or a military department, excluding a Gov5 ernment controlled corporation; and 

6 ‘‘(B) is assigned on a temporary change of 

7 station in support of a contingency operation; 

8 ‘‘(2) the term ‘temporary change of station’, as 

9 used with respect to an employee, means an assign10 ment— 

11 ‘‘(A) from the employee’s official duty sta12 tion to a temporary duty station; and 

13 ‘‘(B) for which such employee is eligible for 

14 expenses under section 5737; and 

15 ‘‘(3) the term ‘contingency operation’ has the 

16 meaning given such term by section 1482a(c) of title 

17 10. 

18 ‘‘(b) QUARTERS AND RATIONS.—The head of an 

19 agency may provide quarters and rations, without charge, 

20 to any covered employee of such agency during the period 

21 of such employee’s temporary assignment (as described in 

22 subsection (a)(1)(B)). 

23 ‘‘(c) STORAGE OF MOTOR VEHICLE.—The head of an 

24 agency may provide for the storage, without charge, or 

25 for the reimbursement of the cost of storage, of a motor 


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1 vehicle that is owned or leased by a covered employee of 

2 such agency (or by a dependent of such an employee) and 

3 that is for the personal use of the covered employee. This 

4 subsection shall apply— 

5 ‘‘(1) with respect to storage during the period 

6 of the employee’s temporary assignment (as de7 scribed in subsection (a)(1)(B)); and 

8 ‘‘(2) in the case of a covered employee, with re9 spect to not more than one motor vehicle as of any 

10 given time. 

11 ‘‘(d) RELATIONSHIP TO OTHER BENEFITS.—Any 

12 benefits under this section shall be in addition to (and not 

13 in lieu of) any other benefits for which the covered em14 ployee is otherwise eligible.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 57 of such title is amended by inserting after 

17 the item relating to section 5737 the following: 

‘‘5737a. Employees temporarily deployed in contingency operations.’’. 

18 SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL 

19 EMPLOYEES. 

20 (a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 

21 title 5, United States Code, is amended by inserting after 

22 section 8102 the following: 


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1 ‘‘§ 8102a. Death gratuity for injuries incurred in con2 nection with employee’s service with an 

3 Armed Force 

4 ‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 

5 States shall pay a death gratuity of up to $100,000 to 

6 or for the survivor prescribed by subsection (d) imme7 diately upon receiving official notification of the death of 

8 an employee who dies of injuries incurred in connection 

9 with the employee’s service with an Armed Force in a con10 tingency operation. 

11 ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 

12 At the discretion of the Secretary concerned, subsection 

13 (a) may apply in the case of an employee who died, on 

14 or after October 7, 2001, and before the date of enactment 

15 of this section, as a result of injuries incurred in connec16 tion with the employee’s service with an Armed Force in 

17 the theater of operations of Operation Enduring Freedom 

18 or Operation Iraqi Freedom. 

19 ‘‘(c) RELATIONSHIP TO OTHER BENEFITS.—The 

20 death gratuity payable under this section shall be reduced 

21 by the amount of any death gratuity provided under sec22 tion 413 of the Foreign Service Act of 1980, section 1603 

23 of the Emergency Supplemental Appropriations Act for 

24 Defense, the Global War on Terror, and Hurricane Recov25 ery, 2006, or any other law of the United States based 

26 on the same death. 


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1 ‘‘(d) ELIGIBLE SURVIVORS.— 

2 ‘‘(1) Subject to paragraph (5), a death gratuity 

3 payable upon the death of a person covered by sub4 section (a) shall be paid to or for the living survivor 

5 highest on the following list: 

6 ‘‘(A) The employee’s surviving spouse. 

7 ‘‘(B) The employee’s children, as pre8 scribed by paragraph (2), in equal shares. 

9 ‘‘(C) If designated by the employee, any 

10 one or more of the following persons: 

11 ‘‘(i) The employee’s parents or per12 sons in loco parentis, as prescribed by 

13 paragraph (3). 

14 ‘‘(ii) The employee’s brothers. 

15 ‘‘(iii) The employee’s sisters. 

16 ‘‘(D) The employee’s parents or persons in 

17 loco parentis, as prescribed by paragraph (3), 

18 in equal shares. 

19 ‘‘(E) The employee’s brothers and sisters 

20 in equal shares. 

21 Subparagraphs (C) and (E) of this paragraph in22 clude brothers and sisters of the half blood and 

23 those through adoption. 

24 ‘‘(2) Paragraph (1)(B) applies, without regard 

25 to age or marital status, to— 


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1 ‘‘(A) legitimate children; 

2 ‘‘(B) adopted children; 

3 ‘‘(C) stepchildren who were a part of the 

4 decedent’s household at the time of death; 

5 ‘‘(D) illegitimate children of a female dece6 dent; and 

7 ‘‘(E) illegitimate children of a male dece8 dent— 

9 ‘‘(i) who have been acknowledged in 

10 writing signed by the decedent; 

11 ‘‘(ii) who have been judicially deter12 mined, before the decedent’s death, to be 

13 his children; 

14 ‘‘(iii) who have been otherwise proved, 

15 by evidence satisfactory to the employing 

16 agency, to be children of the decedent; or 

17 ‘‘(iv) to whose support the decedent 

18 had been judicially ordered to contribute. 

19 ‘‘(3) Subparagraphs (C) and (D) of paragraph 

20 (1), so far as they apply to parents and persons in 

21 loco parentis, include fathers and mothers through 

22 adoption, and persons who stood in loco parentis to 

23 the decedent for a period of not less than one year 

24 at any time before the decedent became an em25 ployee. However, only one father and one mother, or 


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1 their counterparts in loco parentis, may be recog2 nized in any case, and preference shall be given to 

3 those who exercised a parental relationship on the 

4 date, or most nearly before the date, on which the 

5 decedent became an employee. 

6 ‘‘(4) Beginning on the date of the enactment of 

7 this paragraph, a person covered by this section may 

8 designate another person to receive not more than 

9 50 percent of the amount payable under this section. 

10 The designation shall indicate the percentage of the 

11 amount, to be specified only in 10 percent incre12 ments up to the maximum of 50 percent, that the 

13 designated person may receive. The balance of the 

14 amount of the death gratuity shall be paid to or for 

15 the living survivors of the person concerned in ac16 cordance with subparagraphs (A) through (E) of 

17 paragraph (1). 

18 ‘‘(5) If a person entitled to all or a portion of 

19 a death gratuity under paragraph (1) or (4) dies be20 fore the person receives the death gratuity, it shall 

21 be paid to the living survivor next in the order pre22 scribed by paragraph (1). 

23 ‘‘(e) DEFINITIONS.—(1) The term ‘contingency oper24 ation’ has the meaning given to that term in section 

25 1482a(c) of title 10, United States Code. 


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1 ‘‘(2) The term ‘employee’ has the meaning provided 

2 in section 8101 of this title, but also includes a non3 appropriated fund instrumentality employee, as defined in 

4 section 1587(a)(1) of title 10.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 81 of such title is amended 

7 by inserting after the item relating to section 8102 the 

8 following: 

‘‘8102a. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force.’’. 

9 SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY 

10 PERSONNEL SYSTEM. 

11 (a) IN GENERAL.—Section 9902 of title 5, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 9902. Establishment of human resources manage14 ment system 

15 ‘‘(a) IN GENERAL.—The Secretary may, in regula16 tions prescribed jointly with the Director, establish, and 

17 from time to time adjust, a human resources management 

18 system for some or all of the organizational or functional 

19 units of the Department of Defense. The human resources 

20 management system established under authority of this 

21 section shall be referred to as the ‘National Security Per22 sonnel System’. 

23 ‘‘(b) SYSTEM REQUIREMENTS.—Any system estab24 lished under subsection (a) shall— 


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1 ‘‘(1) be flexible; 

2 ‘‘(2) be contemporary; 

3 ‘‘(3) not waive, modify, or otherwise affect— 

4 ‘‘(A) the public employment principles of 

5 merit and fitness set forth in section 2301, in6 cluding the principles of hiring based on merit, 

7 fair treatment without regard to political affili8 ation or other nonmerit considerations, equal 

9 pay for equal work, and protection of employees 

10 against reprisal for whistleblowing; 

11 ‘‘(B) any provision of section 2302, relat12 ing to prohibited personnel practices; 

13 ‘‘(C)(i) any provision of law referred to in 

14 section 2302(b)(1), (8), and (9); or 

15 ‘‘(ii) any provision of law implementing 

16 any provision of law referred to in section 

17 2302(b)(1), (8), and (9) by— 

18 ‘‘(I) providing for equal employment 

19 opportunity through affirmative action; or 

20 ‘‘(II) providing any right or remedy 

21 available to any employee or applicant for 

22 employment in the public service; 

23 ‘‘(D) any other provision of this part (as 

24 described in subsection (d)); or 


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1 ‘‘(E) any rule or regulation prescribed 

2 under any provision of law referred to in this 

3 paragraph; 

4 ‘‘(4) not apply to any prevailing rate employees, 

5 as defined in section 5342(a)(2); 

6 ‘‘(5) ensure that employees may organize, bar7 gain collectively, and participate through labor orga8 nizations of their own choosing in decisions which 

9 affect them, subject to any exclusion from coverage 

10 or limitation on negotiability established pursuant to 

11 law; 

12 ‘‘(6) not be limited by any specific law or au13 thority under this title, or by any rule or regulation 

14 prescribed under this title, that is waived in regula15 tions prescribed under this chapter, subject to para16 graph (3); and 

17 ‘‘(7) include a performance management system 

18 that incorporates the following elements: 

19 ‘‘(A) Adherence to merit principles set 

20 forth in section 2301. 

21 ‘‘(B) A fair, credible, and transparent em22 ployee performance appraisal system. 

23 ‘‘(C) A link between the performance man24 agement system and the agency’s strategic 

25 plan. 


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1 ‘‘(D) A means for ensuring employee in2 volvement in the design and implementation of 

3 the system. 

4 ‘‘(E) Adequate training and retraining for 

5 supervisors, managers, and employees in the 

6 implementation and operation of the perform7 ance management system. 

8 ‘‘(F) A process for ensuring ongoing per9 formance feedback and dialogue between super10 visors, managers, and employees throughout the 

11 appraisal period, and setting timetables for re12 view. 

13 ‘‘(G) Effective safeguards to ensure that 

14 the management of the system is fair and equi15 table and based on employee performance. 

16 ‘‘(H) A means for ensuring that adequate 

17 agency resources are allocated for the design, 

18 implementation, and administration of the per19 formance management system. 

20 ‘‘(I) A pay-for-performance evaluation sys21 tem to better link individual pay to perform22 ance, and provide an equitable method for ap23 praising and compensating employees. 

24 ‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LAB25 ORATORIES.— 


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1 ‘‘(1) The National Security Personnel System 

2 shall not apply with respect to a laboratory under 

3 paragraph (2) before October 1, 2011, and shall 

4 apply on or after October 1, 2011, only to the extent 

5 that the Secretary determines that the flexibilities 

6 provided by the National Security Personnel System 

7 are greater than the flexibilities provided to those 

8 laboratories pursuant to section 342 of the National 

9 Defense Authorization Act for Fiscal Year 1995 

10 (Public Law 103–337; 108 Stat. 2721) and section 

11 1101 of the Strom Thurmond National Defense Au12 thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 

13 note), respectively. 

14 ‘‘(2) The laboratories to which this subsection 

15 applies are— 

16 ‘‘(A) the Aviation and Missile Research 

17 Development and Engineering Center; 

18 ‘‘(B) the Army Research Laboratory; 

19 ‘‘(C) the Medical Research and Materiel 

20 Command; 

21 ‘‘(D) the Engineer Research and Develop22 ment Command; 

23 ‘‘(E) the Communications-Electronics 

24 Command; 


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1 ‘‘(F) the Soldier and Biological Chemical 

2 Command; 

3 ‘‘(G) the Naval Sea Systems Command 

4 Centers; 

5 ‘‘(H) the Naval Research Laboratory; 

6 ‘‘(I) the Office of Naval Research; and 

7 ‘‘(J) the Air Force Research Laboratory. 

8 ‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other 

9 provisions of this part referred to in subsection (b)(3)(D) 

10 are— 

11 ‘‘(1) subparts A, B, E, G, and H of this part; 

12 and 

13 ‘‘(2) chapters 41, 45, 47, 55 (except subchapter 

14 V thereof, apart from section 5545b), 57, 59, 71, 

15 72, 73, 75, 77, and 79, and this chapter. 

16 ‘‘(e) LIMITATIONS RELATING TO PAY.— 

17 ‘‘(1) Nothing in this section shall constitute au18 thority to modify the pay of any employee who 

19 serves in an Executive Schedule position under sub20 chapter II of chapter 53. 

21 ‘‘(2) Except as provided for in paragraph (1), 

22 the total amount in a calendar year of allowances, 

23 differentials, bonuses, awards, or other similar cash 

24 payments paid under this title to any employee who 

25 is paid under section 5376 or 5383 or under title 10 


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1 or under other comparable pay authority established 

2 for payment of Department of Defense senior execu3 tive or equivalent employees may not exceed the 

4 total annual compensation payable to the Vice Presi5 dent under section 104 of title 3. 

6 ‘‘(3) To the maximum extent practicable, the 

7 rates of compensation for civilian employees at the 

8 Department of Defense shall be adjusted at the 

9 same rate, and in the same proportion, as are rates 

10 of compensation for members of the uniformed serv11 ices. 

12 ‘‘(4) To the maximum extent practicable, for 

13 fiscal years 2004 through 2012, the overall amount 

14 allocated for compensation of the civilian employees 

15 of an organizational or functional unit of the De16 partment of Defense that is included in the National 

17 Security Personnel System shall not be less than the 

18 amount that would have been allocated for com19 pensation of such employees for such fiscal year if 

20 they had not been converted to the National Security 

21 Personnel System, based on, at a minimum— 

22 ‘‘(A) the number and mix of employees in 

23 such organizational or functional unit prior to 

24 the conversion of such employees to the Na25 tional Security Personnel System; and 


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1 ‘‘(B) adjusted for normal step increases 

2 and rates of promotion that would have been 

3 expected, had such employees remained in their 

4 previous pay schedule. 

5 ‘‘(5) To the maximum extent practicable, the 

6 regulations implementing the National Security Per7 sonnel System shall provide a formula for calcu8 lating the overall amount to be allocated for fiscal 

9 years after fiscal year 2012 for compensation of the 

10 civilian employees of an organization or functional 

11 unit of the Department of Defense that is included 

12 in the National Security Personnel System. The for13 mula shall ensure that in the aggregate, employees 

14 are not disadvantaged in terms of the overall 

15 amount of pay available as a result of conversion to 

16 the National Security Personnel System, while pro17 viding flexibility to accommodate changes in the 

18 function of the organization, changes in the mix of 

19 employees performing those functions, and other 

20 changed circumstances that might impact pay levels. 

21 ‘‘(6) Amounts allocated for compensation of ci22 vilian employees of the Department of Defense pur23 suant to paragraphs (4) and (5) shall be available 

24 only for the purpose of providing such compensation. 


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1 ‘‘(7) At the time of any annual adjustment to 

2 pay schedules pursuant to section 5303, the rate of 

3 basic pay for each employee of an organizational or 

4 functional unit of the Department of Defense that is 

5 included in the National Security Personnel System 

6 who receives a performance rating above unaccept7 able or who does not have a current rating of record 

8 for the most recently completed appraisal period 

9 shall be adjusted by no less than 60 percent of the 

10 amount of such adjustment. The balance of the 

11 amount that would have been available for an an12 nual adjustment under section 5303 shall be allo13 cated to pay pool funding, for the purpose of in14 creasing rates of pay on the basis of employee per15 formance. 

16 ‘‘(8) Each employee of an organizational or 

17 functional unit of the Department of Defense that is 

18 included in the National Security Personnel System 

19 who receives a performance rating above unaccept20 able or who does not have a current rating of record 

21 for the most recently completed appraisal period 

22 shall receive— 

23 ‘‘(A) locality-based comparability payments 

24 under section 5304 and section 5304a in the 


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1 same manner and to the same extent as em2 ployees under the General Schedule; or 

3 ‘‘(B) the full measure of any other local 

4 market supplement applicable to the employee if 

5 locality-based comparability payments referred 

6 to in subparagraph (A) are not generally appli7 cable to the employee. 

8 Nothing in this paragraph shall be construed to 

9 make locality-based comparability payments or other 

10 local market supplements payable to any category of 

11 employees or positions which were ineligible for such 

12 payments or supplements (as the case may be) as of 

13 the day before the date of the enactment of the Na14 tional Defense Authorization Act for Fiscal Year 

15 2004. 

16 ‘‘(9) Any rate of pay established or adjusted in 

17 accordance with the requirements of this section 

18 shall be non-negotiable, but shall be subject to pro19 cedures and appropriate arrangements of para20 graphs (2) and (3) of section 7106(b), except that 

21 nothing in this paragraph shall be construed to 

22 eliminate the bargaining rights of any category of 

23 employees who were authorized to negotiate rates of 

24 pay as of the day before the date of the enactment 


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1 of the National Defense Authorization Act for Fiscal 

2 Year 2004. 

3 ‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL

4 BARGAINING.— 

5 ‘‘(1) The Secretary may bargain with a labor 

6 organization which has been accorded exclusive rec7 ognition under chapter 71 at an organizational level 

8 above the level of exclusive recognition. The decision 

9 to bargain above the level of exclusive recognition 

10 shall not be subject to review. The Secretary shall 

11 consult with the labor organization before deter12 mining the appropriate organizational level of bar13 gaining. 

14 ‘‘(2) Any such bargaining shall— 

15 ‘‘(A) address issues that are— 

16 ‘‘(i) subject to bargaining under chap17 ter 71 and this chapter; 

18 ‘‘(ii) applicable to multiple bargaining 

19 units; and 

20 ‘‘(iii) raised by either party to the 

21 bargaining; 

22 ‘‘(B) except as agreed by the parties or di23 rected through an independent dispute resolu24 tion process agreed upon by the parties, be 

25 binding on all affected subordinate bargaining 


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1 units of the labor organization at the level of 

2 recognition and their exclusive representatives, 

3 and the Department of Defense and its sub4 components, without regard to levels of recogni5 tion; 

6 ‘‘(C) to the extent agreed by the parties or 

7 directed through an independent dispute resolu8 tion process agreed upon by the parties, super9 sede conflicting provisions of all other collective 

10 bargaining agreements of the labor organiza11 tion, including collective bargaining agreements 

12 negotiated with an exclusive representative at 

13 the level of recognition; and 

14 ‘‘(D) except as agreed by the parties or di15 rected through an independent dispute resolu16 tion process agreed upon by the parties, not be 

17 subject to further negotiations for any purpose, 

18 including bargaining at the level of recognition. 

19 ‘‘(3) Any independent dispute resolution process 

20 agreed to by the parties for the purposes of para21 graph (2) shall have the authority to address all 

22 issues on which the parties are unable to reach 

23 agreement. 


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1 ‘‘(4) The National Guard Bureau and the Army 

2 and Air Force National Guard may be included in 

3 coverage under this subsection. 

4 ‘‘(5) Any bargaining completed pursuant to this 

5 subsection with a labor organization not otherwise 

6 having national consultation rights with the Depart7 ment of Defense or its subcomponents shall not cre8 ate any obligation on the Department of Defense or 

9 its subcomponents to confer national consultation 

10 rights on such a labor organization. 

11 ‘‘(g) PROVISIONS RELATED TO SEPARATION AND RE12 TIREMENT INCENTIVES.— 

13 ‘‘(1) The Secretary may establish a program 

14 within the Department of Defense under which em15 ployees may be eligible for early retirement, offered 

16 separation incentive pay to separate from service vol17 untarily, or both. This authority may be used to re18 duce the number of personnel employed by the De19 partment of Defense or to restructure the workforce 

20 to meet mission objectives without reducing the over21 all number of personnel. This authority is in addi22 tion to, and notwithstanding, any other authorities 

23 established by law or regulation for such programs. 

24 ‘‘(2)(A) The Secretary may not authorize the 

25 payment of voluntary separation incentive pay under 


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1 paragraph (1) to more than 25,000 employees in 

2 any fiscal year, except that employees who receive 

3 voluntary separation incentive pay as a result of a 

4 closure or realignment of a military installation 

5 under the Defense Base Closure and Realignment 

6 Act of 1990 (title XXIX of Public Law 101–510; 10 

7 U.S.C. 2687 note) shall not be included in that 

8 number. 

9 ‘‘(B) The Secretary shall prepare a report each 

10 fiscal year setting forth the number of employees 

11 who received such pay as a result of a closure or re12 alignment of a military base as described under sub13 paragraph (A). 

14 ‘‘(C) The Secretary shall submit the report 

15 under subparagraph (B) to the Committee on Armed 

16 Services and the Committee on Governmental Af17 fairs of the Senate, and the Committee on Armed 

18 Services and the Committee on Government Reform 

19 of the House of Representatives. 

20 ‘‘(3) For purposes of this section, the term ‘em21 ployee’ means an employee of the Department of De22 fense, serving under an appointment without time 

23 limitation, except that such term does not include— 

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1 other retirement system for employees of the 

2 Federal Government; 

3 ‘‘(B) an employee having a disability on 

4 the basis of which such employee is or would be 

5 eligible for disability retirement under any of 

6 the retirement systems referred to in subpara7 graph (A); or 

8 ‘‘(C) for purposes of eligibility for separa9 tion incentives under this section, an employee 

10 who is in receipt of a decision notice of involun11 tary separation for misconduct or unacceptable 

12 performance. 

13 ‘‘(4) An employee who is at least 50 years of 

14 age and has completed 20 years of service, or has 

15 at least 25 years of service, may, pursuant to regula16 tions promulgated under this section, apply and be 

17 retired from the Department of Defense and receive 

18 benefits in accordance with chapter 83 or 84 if the 

19 employee has been employed continuously within the 

20 Department of Defense for more than 30 days be21 fore the date on which the determination to conduct 

22 a reduction or restructuring within 1 or more De23 partment of Defense components is approved. 


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1 ‘‘(5)(A) Separation pay shall be paid in a lump 

2 sum or in installments and shall be equal to the less3 er of — 

4 ‘‘(i) an amount equal to the amount the 

5 employee would be entitled to receive under sec6 tion 5595(c), if the employee were entitled to 

7 payment under such section; or 

8 ‘‘(ii) $25,000. 

9 ‘‘(B) Separation pay shall not be a basis for 

10 payment, and shall not be included in the computa11 tion, of any other type of Government benefit. Sepa12 ration pay shall not be taken into account for the 

13 purpose of determining the amount of any severance 

14 pay to which an individual may be entitled under 

15 section 5595, based on any other separation. 

16 ‘‘(C) Separation pay, if paid in installments, 

17 shall cease to be paid upon the recipient’s accept18 ance of employment by the Federal Government, or 

19 commencement of work under a personal services 

20 contract as described in paragraph (6). 

21 ‘‘(6)(A) An employee who receives separation 

22 pay under such program may not be reemployed by 

23 the Department of Defense for a 12-month period 

24 beginning on the effective date of the employee’s 


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1 separation, unless this prohibition is waived by the 

2 Secretary on a case-by-case basis. 

3 ‘‘(B) An employee who receives separation pay 

4 under this section on the basis of a separation occur5 ring on or after the date of the enactment of the 

6 Federal Workforce Restructuring Act of 1994 (Pub7 lic Law 103–226; 108 Stat. 111) and accepts em8 ployment with the Government of the United States, 

9 or who commences work through a personal services 

10 contract with the United States within 5 years after 

11 the date of the separation on which payment of the 

12 separation pay is based, shall be required to repay 

13 the entire amount of the separation pay to the De14 partment of Defense. If the employment is with an 

15 Executive agency (as defined by section 105) other 

16 than the Department of Defense, the Director may, 

17 at the request of the head of that agency, waive the 

18 repayment if the individual involved possesses 

19 unique abilities and is the only qualified applicant 

20 available for the position. If the employment is with21 in the Department of Defense, the Secretary may 

22 waive the repayment if the individual involved is the 

23 only qualified applicant available for the position. If 

24 the employment is with an entity in the legislative 

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1 cial may waive the repayment if the individual in2 volved possesses unique abilities and is the only 

3 qualified applicant available for the position. If the 

4 employment is with the judicial branch, the Director 

5 of the Administrative Office of the United States 

6 Courts may waive the repayment if the individual in7 volved possesses unique abilities and is the only 

8 qualified applicant available for the position. 

9 ‘‘(7) Under this program, early retirement and 

10 separation pay may be offered only pursuant to reg11 ulations established by the Secretary, subject to such 

12 limitations or conditions as the Secretary may re13 quire. 

14 ‘‘(h) PROVISIONS RELATING TO REEMPLOYMENT.— 

15 ‘‘(1) Except as provided under paragraph (2), 

16 if an annuitant receiving an annuity from the Civil 

17 Service Retirement and Disability Fund becomes 

18 employed in a position within the Department of De19 fense, his annuity shall continue. An annuitant so 

20 reemployed shall not be considered an employee for 

21 purposes of subchapter III of chapter 83 or chapter 

22 84. 

23 ‘‘(2)(A) An annuitant retired under section 

24 8336(d)(1) or 8414(b)(1)(A) receiving an annuity 

25 from the Civil Service Retirement and Disability 


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1 Fund, who becomes employed in a position within 

2 the Department of Defense after the date of enact3 ment of the National Defense Authorization Act for 

4 Fiscal Year 2004 (Public Law 108–136), may elect 

5 to be subject to section 8344 or 8468 (as the case 

6 may be). 

7 ‘‘(B) An election for coverage under this para8 graph shall be filed not later than the later of 90 

9 days after the date the Department of Defense— 

10 ‘‘(i) prescribes regulations to carry out this 

11 subsection; or 

12 ‘‘(ii) takes reasonable actions to notify em13 ployees who may file an election. 

14 ‘‘(C) If an employee files an election under this 

15 paragraph, coverage shall be effective beginning on 

16 the first day of the first applicable pay period begin17 ning on or after the date of the filing of the election. 

18 ‘‘(D) Paragraph (1) shall apply to an individual 

19 who is eligible to file an election under subparagraph 

20 (A) and does not file a timely election under sub21 paragraph (B). 

22 ‘‘(3) The Secretary shall prescribe regulations 

23 to carry out this subsection. 

24 ‘‘(i) ADDITIONAL PROVISIONS RELATING TO PER25 SONNEL MANAGEMENT.— 


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1 ‘‘(1) Subject to the requirements of chapter 71 

2 and the limitations in subsection (b)(3), the Sec3 retary of Defense, in establishing and implementing 

4 the National Security Personnel System under sub5 section (a), shall not be limited by any provision of 

6 this title or any rule or regulation prescribed under 

7 this title in establishing and implementing regula8 tions relating to— 

9 ‘‘(A) the methods of establishing qualifica10 tion requirements for, recruitment for, and ap11 pointments to positions; and 

12 ‘‘(B) the methods of assigning, reas13 signing, detailing, transferring, or promoting 

14 employees. 

15 ‘‘(2) In implementing this subsection, the Sec16 retary shall comply with the provisions of section 

17 2302(b)(11), regarding veterans’ preference require18 ments, as provided for in subsection (b)(3). 

19 ‘‘(j) PHASE-IN.—The Secretary may not, in any cal20 endar year, add any organizational or functional unit to 

21 the National Security Personnel System which would 

22 cause the total number of employees added to such System 

23 in such year to exceed 100,000.’’. 

24 (b) IMPLEMENTATION.— 


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1 (1) The requirements of section 9902 of title 5, 

2 United States Code, as amended by this section, 

3 may be implemented through rules promulgated 

4 jointly by the Secretary of Defense and the Director 

5 of the Office of Personnel Management after notice 

6 and opportunity for public comment or through De7 partment of Defense rules or internal agency imple8 menting issuances. Rules promulgated jointly by the 

9 Secretary and the Director under this paragraph 

10 shall be treated as major rules for the purposes of 

11 section 801 of title 5, United States Code. 

12 (2) Both rules and implementing issuances shall 

13 be subject to collective bargaining consistent with 

14 the requirements of chapter 71 of title 5, United 

15 States Code. Rules promulgated jointly by the Sec16 retary of Defense and the Director of the Office of 

17 Personnel Management after notice and opportunity 

18 for public comment and in accordance with the re19 quirements of section 801 of such title 5 for a major 

20 rule shall be treated in the same manner as govern21 ment-wide rules for the purpose of such collective 

22 bargaining, if such rules are uniformly applicable to 

23 all organizational or functional units included in the 

24 National Security Personnel System. 


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1 (3) Any rules and implementing issuances that 

2 were adopted prior to the date of the enactment of 

3 this Act— 

4 (A) shall be invalid to the extent that they 

5 are inconsistent with the requirements of sec6 tion 9902 of title 5, United States Code, as 

7 amended by this section; 

8 (B) shall not supersede a collective bar9 gaining agreement that was in place prior to 

10 the date on which the rule or implementing 

11 issuance was promulgated; and 

12 (C) shall be subject to collective bar13 gaining— 

14 (i) in the case of rules which are uni15 formly applicable to all organizational or 

16 functional units included in the National 

17 Security Personnel System and issued 

18 jointly by the Secretary of Defense and the 

19 Director of the Office of Personnel Man20 agement pursuant to subsection 9902(f)(1) 

21 of title 5, United States Code (as in effect 

22 prior to the enactment of this section), 

23 only as to impact and implementation, 

24 when applied to employees of the Depart25 ment of Defense from any bargaining unit; 


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1 (ii) in the case of any other rules or 

2 implementing issuances, to the extent pro3 vided in chapter 71 of title 5, United 

4 States Code. 

5 (4) The availability of judicial review of any 

6 rules or implementing issuances that were adopted 

7 prior to the date of the enactment of this Act shall 

8 not be affected by the enactment of this section. 

9 (c) COMPTROLLER GENERAL REVIEWS.— 

10 (1) The Comptroller General shall conduct an11 nual reviews in calendar years 2008, 2009 and 2010 

12 of— 

13 (A) employee satisfaction with the Na14 tional Security Personnel System established 

15 pursuant to section 9902 of title 5, United 

16 States Code, as amended by this section; and 

17 (B) the extent to which the Department of 

18 Defense has effectively implemented account19 ability mechanisms, including those established 

20 in section 9902(b)(7) of title 5, United States 

21 Code, and internal safeguards for the National 

22 Security Personnel System. 

23 (2) To the extent that the Department of De24 fense undertakes internal assessments or employee 

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1 tional Security Personnel System in any such cal2 endar year, the Comptroller General shall— 

3 (A) determine whether such assessments or 

4 surveys are appropriately designed and statis5 tically valid; and 

6 (B) provide an independent evaluation of 

7 the results of such assessments or surveys. 

8 (3) To the extent that the Department of De9 fense does not undertake appropriately designed and 

10 statistically valid employee surveys, the Comptroller 

11 General shall conduct such a survey and provide an 

12 independent evaluation of the results. 

13 (4) The Comptroller General shall report the 

14 results of each annual review conducted under this 

15 subsection to the Committees on Armed Services of 

16 the Senate and the House of Representatives, the 

17 Committee on Homeland Security and Governmental 

18 Affairs of the Senate, and the Committee on Over19 sight and Government Reform of the House of Rep20 resentatives. 

21 SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF 

22 PERSONNEL DEMONSTRATION PROJECT. 

23 (a) REQUIREMENT.—The Secretary of Defense shall 

24 take all necessary actions to fully implement and use the 

25 authorities provided to the Secretary under section 342(b) 


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1 of the National Defense Authorization Act for Fiscal Year 

2 1995 (Public Law 103–337; 108 Stat. 2721), as amended 

3 by section 1114 of the Floyd D. Spence National Defense 

4 Authorization Act for Fiscal Year 2001 (as enacted into 

5 law by Public Law 106–398; 114 Stat. 1654A–315), to 

6 carry out personnel management demonstration projects 

7 at Department of Defense laboratories that are exempted 

8 by section 9902(c) of title 5, United States Code, from 

9 inclusion in the Department of Defense National Security 

10 Personnel System. 

11 (b) PROCESS FOR FULL IMPLEMENTATION.—The 

12 Secretary of Defense shall also implement a process and 

13 implementation plan to fully utilize the authorities de14 scribed in subsection (a) to enhance the performance of 

15 the missions of the laboratories. 

16 (c) OTHER LABORATORIES.—Any flexibility available 

17 to any demonstration laboratory shall be available for use 

18 at any other laboratory as enumerated in section 

19 9902(c)(2) of title 5, United States Code. 

20 (d) SUBMISSION OF LIST AND DESCRIPTION.—Not 

21 later than March 1 of each year, beginning with March 

22 1, 2008, the Secretary of Defense shall submit to Congress 

23 a list and description of the demonstration project notices, 

24 amendments, and changes requested by the laboratories 

25 during the preceding calendar year. The list shall include 


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1 all approved and disapproved notices, amendments, and 

2 changes, and the reasons for disapproval or delay in ap3 proval. 

4 SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OF5 FICE OF DEFENSE RESEARCH AND ENGI6 NEERING POSITIONS IN EXPERIMENTAL PER7 SONNEL PROGRAM FOR SCIENTIFIC AND 

8 TECHNICAL PERSONNEL. 

9 Section 1101(b)(1) of the Strom Thurmond National 

10 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 

11 3104 note) is amended— 

12 (1) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (C), by adding ‘‘and’’ at 

15 the end; and 

16 (3) by adding after subparagraph (C) the fol17 lowing: 

18 ‘‘(D) not more than a total of 10 scientific 

19 and engineering positions in the Office of the 

20 Director of Defense Research and Engineer21 ing;’’. 


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1 SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGN2 MENT OF INFORMATION TECHNOLOGY PER3 SONNEL TO PRIVATE SECTOR ORGANIZA4 TIONS. 

5 (a) ASSIGNMENT AUTHORITY.—The Secretary of De6 fense may, with the agreement of the private sector orga7 nization and the Department of Defense employee con8 cerned, arrange for the temporary assignment of such em9 ployee to such private sector organization under this sec10 tion. An employee shall be eligible for such an assignment 

11 only if— 

12 (1) the employee— 

13 (A) works in the field of information tech14 nology management; 

15 (B) is considered to be an exceptional em16 ployee; 

17 (C) is expected to assume increased infor18 mation technology management responsibilities 

19 in the future; 

20 (D) is compensated at not less than the 

21 GS–11 level (or the equivalent); and 

22 (E) is serving under a career or career23 conditional appointment or an appointment of 

24 equivalent tenure in the excepted service; and 


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1 (2) the proposed assignment meets applicable 

2 requirements of section 209(b) of the E-Government 

3 Act of 2002 (44 U.S.C. 3501 note). 

4 (b) AGREEMENTS.—The Secretary of Defense shall 

5 provide for a written agreement between the Department 

6 of Defense and the employee concerned regarding the 

7 terms and conditions of the employee’s assignment under 

8 this section. The agreement— 

9 (1) shall require that, upon completion of the 

10 assignment, the employee will serve in the civil serv11 ice for a period equal to the length of the assign12 ment; and 

13 (2) shall provide that if the employee fails to 

14 carry out the agreement, such employee shall be lia15 ble to the United States for payment of all expenses 

16 of the assignment, unless that failure was for good 

17 and sufficient reason (as determined by the Sec18 retary of Defense). 

19 An amount for which an employee is liable under para20 graph (2) shall be treated as a debt due the United States. 

21 (c) TERMINATION.—An assignment under this sec22 tion may, at any time and for any reason, be terminated 

23 by the Department of Defense or the private sector organi24 zation concerned. 


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1 (d) DURATION.—An assignment under this section 

2 shall be for a period of not less than 3 months and not 

3 more than 1 year, and may be extended in 3-month incre4 ments for a total of not more than 1 additional year; how5 ever, no assignment under this section may commence 

6 after September 30, 2010. 

7 (e) CONSIDERATIONS.—In carrying out this section, 

8 the Secretary of Defense— 

9 (1) shall ensure that, of the assignments made 

10 under this section each year, at least 20 percent are 

11 to small business concerns (as defined by section 

12 3703(e)(2)(A) of title 5, United States Code); and 

13 (2) shall take into consideration the question of 

14 how assignments under this section might best be 

15 used to help meet the needs of the Department of 

16 Defense with respect to the training of employees in 

17 information technology management. 

18 (f) NUMERICAL LIMITATION.—In no event may more 

19 than 10 employees be participating in assignments under 

20 this section as of any given time. 

21 (g) REPORTING REQUIREMENT.— 

22 (1) IN GENERAL.—Not later than 6 months 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to the Committees on 

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1 resentatives a report on the potential benefits of a 

2 program under which employees specializing in in3 formation technology may be temporarily assigned 

4 from private sector organizations to the Department 

5 of Defense. 

6 (2) CONTENTS.—The report shall include— 

7 (A) a statement of findings and an expla8 nation of the bases for those findings; 

9 (B) an assessment of the laws, rules, and 

10 processes relating to the prevention of conflicts 

11 of interest and abuse which would apply to pri12 vate sector employees during the period of their 

13 assignment to the Department of Defense, and 

14 whether they need to be strengthened or other15 wise changed; 

16 (C) mechanisms proposed for the govern17 ance and oversight of the program; and 

18 (D) recommendations for any legislation 

19 which may be necessary. 

20 SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM 

21 EMPLOYEES FOR CERTAIN TRAVEL HOURS. 

22 Section 5544(a) of title 5, United States Code, is 

23 amended in clause (iv) (in the third sentence following 

24 paragraph (3)), by striking ‘‘administratively.’’ and insert25 ing ‘‘administratively (including travel by the employee to 


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1 such event and the return of the employee from such event 

2 to the employee’s official duty station).’’. 

3 SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PER4 SONNEL. 

5 (a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR

6 TRAVEL.—Section 5550b(a) of title 5, United States 

7 Code, is amended by striking ‘‘section 5542(b)(2),’’ and 

8 inserting ‘‘any provision of section 5542(b)(2) or 

9 5544(a),’’. 

10 (b) CONFORMING AMENDMENT.—Section 

11 5541(2)(xi) of such title is amended by striking ‘‘section 

12 5544’’ and inserting ‘‘section 5544 or 5550b’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the earlier of— 

15 (1) the effective date of any regulations pre16 scribed to carry out such amendments; or 

17 (2) the 90th day after the date of the enact18 ment of this Act. 

19 SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 

20 LEVEL EMPLOYEES. 

21 Section 6304(f)(1) of title 5, United States Code, is 

22 amended— 

23 (1) in the matter before subparagraph (A), by 

24 striking ‘‘in a position in—’’ and inserting ‘‘in—’’; 


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1 (2) in subparagraphs (A) through (E), by in2 serting ‘‘a position in’’ before ‘‘the’’; 

3 (3) in subparagraph (D), by striking ‘‘or’’ at 

4 the end; 

5 (4) in subparagraph (E), by striking the period 

6 and inserting a semicolon; and 

7 (5) by adding after subparagraph (E) the fol8 lowing: 

9 ‘‘(F) a position to which section 5376 applies; 

10 or 

11 ‘‘(G) a position designated under section 

12 1607(a) of title 10 as an Intelligence Senior Level 

13 position.’’. 

14 SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOY15 EES. 

16 Section 1593(b) of title 10, United States Code, is 

17 amended by striking ‘‘$400 per year.’’ and inserting 

18 ‘‘$400 per year (or such higher maximum amount as the 

19 Secretary of Defense may by regulation prescribe).’’. 


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1 SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES 

2 WHO MOVE FROM A DEPARTMENT OF DE3 FENSE OR COAST GUARD NON4 APPROPRIATED FUND INSTRUMENTALITY 

5 POSITION TO A POSITION IN THE GENERAL 

6 SCHEDULE PAY SYSTEM. 

7 Section 5334(f) of title 5, United States Code, is 

8 amended— 

9 (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 

10 (2) in the first sentence, by striking ‘‘does not 

11 exceed’’ and all that follows through ‘‘2105(c).’’ and 

12 inserting the following: ‘‘does not exceed— 

13 ‘‘(A) if the highest previous rate of basic pay 

14 received by that employee during the employee’s 

15 service described in section 2105(c) is equal to a 

16 rate of the appropriate grade, such rate of the ap17 propriate grade; 

18 ‘‘(B) if the employee’s highest previous rate of 

19 basic pay (as described in subparagraph (A)) is be20 tween two rates of the appropriate grade, the higher 

21 of those two rates; or 

22 ‘‘(C) if the employee’s highest previous rate of 

23 basic pay (as described in subparagraph (A)) ex24 ceeds the maximum rate of the appropriate grade, 

25 the maximum rate of the appropriate grade.’’; and 


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1 (3) in the second sentence, by striking ‘‘In the 

2 case of’’ and inserting the following: 

3 ‘‘(2) In the case of’’. 

4 SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS 

5 CADET OR MIDSHIPMAN AT A MILITARY 

6 SERVICE ACADEMY. 

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

8 8331(13) of title 5, United States Code, is amended by 

9 striking ‘‘but’’ and inserting ‘‘and includes service as a 

10 cadet at the United States Military Academy, the United 

11 States Air Force Academy, or the United States Coast 

12 Guard Academy, or as a midshipman at the United States 

13 Naval Academy, but’’. 

14 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

15 Section 8401(31) of such title is amended by striking 

16 ‘‘but’’ and inserting ‘‘and includes service as a cadet at 

17 the United States Military Academy, the United States 

18 Air Force Academy, or the United States Coast Guard 

19 Academy, or as a midshipman at the United States Naval 

20 Academy, but’’. 

21 (c) APPLICABILITY.—The amendments made by this 

22 section shall apply to— 

23 (1) any annuity, eligibility for which is based 

24 upon a separation occurring before, on, or after the 

25 date of enactment of this Act; and 


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1 (2) any period of service as a cadet at the 

2 United States Military Academy, the United States 

3 Air Force Academy, or the United States Coast 

4 Guard Academy, or as a midshipman at the United 

5 States Naval Academy, occurring before, on, or after 

6 the date of enactment of this Act. 

7 SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSA8 TION FOR FACULTY AND STAFF OF THE UNI9 FORMED SERVICES UNIVERSITY OF THE 

10 HEALTH SCIENCES. 

11 Section 2113(c) of title 10, United States Code, as 

12 redesignated by section 954(a)(3) of this Act, is amend13 ed— 

14 (1) in paragraph (1)— 

15 (A) by inserting ‘‘(after due consideration 

16 by the Secretary)’’ before ‘‘so as’’; and 

17 (B) by striking ‘‘within the vicinity of the 

18 District of Columbia’’ and inserting ‘‘identified 

19 by the Secretary for purposes of this para20 graph’’; and 

21 (2) in paragraph (4)— 

22 (A) by striking ‘‘section 5373’’ and insert23 ing ‘‘sections 5307 and 5373’’; and 

24 (B) by adding at the end the following new 

25 sentence: ‘‘In no event may the total amount of 


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1 compensation paid to an employee under para2 graph (1) in any year (including salary, allow3 ances, differentials, bonuses, awards, and other 

4 similar cash payments) exceed the total amount 

5 of annual compensation (excluding expenses) 

6 specified in section 102 of title 3.’’. 

7 SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLAR8 SHIP PROGRAM FOR CIVILIAN MENTAL 

9 HEALTH PROFESSIONALS. 

10 (a) REPORT REQUIRED.—Not later than 180 days 

11 after the date of the enactment of this Act, the Secretary 

12 of Defense shall, in consultation with the Assistant Sec13 retary of Defense for Health Affairs and each of the Sur14 geons General of the Armed Forces, submit to Congress 

15 a report on the feasibility and advisability of establishing 

16 a scholarship program for civilian mental health profes17 sionals. 

18 (b) ELEMENTS.—The report shall include the fol19 lowing: 

20 (1) An assessment of a potential scholarship 

21 program that provides certain educational funding to 

22 students seeking a career in mental health services 

23 in exchange for service in the Department of De24 fense. 


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1 (2) An assessment of current scholarship pro2 grams which may be expanded to include mental 

3 health professionals. 

4 (3) Recommendations regarding the establish5 ment or expansion of scholarship programs for men6 tal health professionals. 

7 (4) A plan to implement, or reasons for not im8 plementing, recommendations that will increase men9 tal health staffing across the Department of De10 fense. 

11 TITLE XII—MATTERS RELATING 

12 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. 


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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. 

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. 


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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. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COM4 PARABLE ACTIVITIES. 

5 Section 168(c) of title 10, United States Code, is 

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(9) The assignment of personnel described in 

9 paragraph (3) or (4) on a non-reciprocal basis if the 

10 Secretary of Defense determines that such an as11 signment, rather than an exchange of personnel, is 

12 in the interests of the United States.’’. 

13 SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPER14 ATIONS TO COMBAT TERRORISM. 

15 (a) MODIFICATION OF REPORTING REQUIREMENT.— 

16 Subsection (f) of section 1208 of the Ronald W. Reagan 

17 National Defense Authorization Act for Fiscal Year 2005 

18 (Public Law 108–375; 118 Stat. 2086–2087) is amended 

19 to read as follows: 

20 ‘‘(f) ANNUAL REPORT.— 


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1 ‘‘(1) REPORT REQUIRED.—Not later than 120 

2 days after the close of each fiscal year during which 

3 subsection (a) is in effect, the Secretary of Defense 

4 shall submit to the congressional defense committees 

5 a report on support provided under that subsection 

6 during that fiscal year. 

7 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

8 required by paragraph (1) shall describe the support 

9 provided, including— 

10 ‘‘(A) the country involved in the activity, 

11 the individual or force receiving the support, 

12 and, to the maximum extent practicable, the 

13 specific region of each country involved in the 

14 activity; 

15 ‘‘(B) the respective dates and a summary 

16 of congressional notifications for each activity; 

17 ‘‘(C) the unified commander for each activ18 ity, as well as the related objectives, as estab19 lished by that commander; 

20 ‘‘(D) the total amount obligated to provide 

21 the support; 

22 ‘‘(E) for each activity that amounts to 

23 more than $500,000, specific budget details 

24 that explain the overall funding level for that 

25 activity; and 


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1 ‘‘(F) a statement providing a brief assess2 ment of the outcome of the support, including 

3 specific indications of how the support 

4 furthered the mission objective of special oper5 ations forces and the types of follow-on support, 

6 if any, that may be necessary.’’. 

7 (b) ANNUAL LIMITATION.—Subsection (g) of such 

8 section is amended— 

9 (1) in the heading, by striking ‘‘FISCAL YEAR

10 2005’’ and inserting ‘‘ANNUAL’’; and 

11 (2) by striking ‘‘fiscal year 2005’’ and inserting 

12 ‘‘each fiscal year during which subsection (a) is in 

13 effect’’. 

14 (c) EXTENSION OF PERIOD OF AUTHORITY.—Sub15 section (h) of such section is amended by striking ‘‘2007’’ 

16 and inserting ‘‘2010’’. 

17 SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL 

18 EXPENSES FOR LIAISON OFFICERS OF CER19 TAIN FOREIGN NATIONS. 

20 (a) AUTHORITY.—Subsection (a) of section 1051a of 

21 title 10, United States Code, is amended— 

22 (1) by striking ‘‘involved in a coalition’’ and in23 serting ‘‘involved in a military operation’’; and 

24 (2) by striking ‘‘coalition operation’’ and insert25 ing ‘‘military operation’’. 


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1 (b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL

2 EXPENSES.—Subsection (b) of such section is amended— 

3 (1) in the heading, by striking ‘‘AND SUBSIST4 ENCE’’ inserting ‘‘, SUBSISTENCE, AND MEDICAL

5 CARE’’; 

6 (2) in paragraph (2), by adding at the end the 

7 following: 

8 ‘‘(C) Expenses for medical care at a civilian 

9 medical facility if— 

10 ‘‘(i) adequate medical care is not available 

11 to the liaison officer at a local military medical 

12 treatment facility; 

13 ‘‘(ii) the Secretary determines that pay14 ment of such medical expenses is necessary and 

15 in the best interests of the United States; and 

16 ‘‘(iii) medical care is not otherwise avail17 able to the liaison officer pursuant to any treaty 

18 or other international agreement.’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(3) The Secretary may pay the mission-related 

21 travel expenses of a liaison officer described in sub22 section (a) if such travel is in support of the na23 tional interests of the United States and the com24 mander of the headquarters to which the liaison offi25 cer is temporarily assigned directs round-trip travel 


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1 from the assigned headquarters to one or more loca2 tions.’’. 

3 (c) DEFINITION.—Subsection (d) of such section is 

4 amended— 

5 (1) by striking ‘‘(d) DEFINITIONS.—’’ and all 

6 that follows through ‘‘(1) The term’’ and inserting 

7 ‘‘(d) DEFINITION.—In this section, the term’’; and 

8 (2) by striking paragraph (2). 

9 (d) EXPIRATION OF AUTHORITY.—Such section is 

10 further amended by striking subsection (e). 

11 (e) CONFORMING AND CLERICAL AMENDMENTS.— 

12 (1) The heading for such section is amended to read as 

13 follows: 

14 ‘‘§ 1051a. Liaison officers of certain foreign nations; 

15 administrative services and support; 

16 travel, subsistence, medical care, and 

17 other personal expenses’’. 

18 (2) The table of sections at the beginning of chapter 

19 53 of title 10, United States Code, is amended by striking 

20 the item relating to section 1051a and inserting the fol21 lowing: 

‘‘1051a. Liaison officers of certain foreign nations; administrative services and 

support; travel, subsistence, medical care, and other personal 

expenses.’’. 


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1 SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT 

2 OF DEFENSE AUTHORITY TO PARTICIPATE IN 

3 MULTINATIONAL MILITARY CENTERS OF EX4 CELLENCE. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

6 section 1205 of the John Warner National Defense Au7 thorization Act for Fiscal Year 2007 (Public Law 109– 

8 364; 1202 Stat. 2416) is amended by striking ‘‘fiscal year 

9 2007’’ and inserting ‘‘fiscal years 2007 and 2008’’. 

10 (b) LIMITATION ON AMOUNTS AVAILABLE FOR PAR11 TICIPATION.—Subsection (e) of such section is amended 

12 by striking paragraph (2) and inserting the following new 

13 paragraph: 

14 ‘‘(2) LIMITATION ON AMOUNT.—The amount 

15 available under paragraph (1)(A) for the expenses 

16 referred to in that paragraph may not exceed— 

17 ‘‘(A) in fiscal year 2007, $3,000,000; and 

18 ‘‘(B) in fiscal year 2008, $5,000,000.’’. 

19 (c) REPORTS.—Subsection (g) of such section is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) by inserting ‘‘and October 31, 2008,’’ 

23 after ‘‘October 31, 2007,’’; and 

24 (B) by striking ‘‘fiscal year 2007’’ and in25 serting ‘‘fiscal years 2007 and 2008’’; and 


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1 (2) in paragraph (2)(A), by striking ‘‘during 

2 fiscal year 2007’’ and inserting ‘‘during the pre3 ceding fiscal year’’. 

4 SEC. 1205. REAUTHORIZATION OF COMMANDERS’ EMER5 GENCY RESPONSE PROGRAM. 

6 (a) AUTHORITY.—Subsection (a) of section 1202 of 

7 the National Defense Authorization Act for Fiscal Year 

8 2006 (Public Law 109–163; 119 Stat. 3455–3456) is 

9 amended— 

10 (1) in the heading, by striking ‘‘FISCAL YEARS

11 2006 AND 2007’’ and inserting ‘‘FISCAL YEARS

12 2008 AND 2009’’; and 

13 (2) in the matter preceding paragraph (1)— 

14 (A) by striking ‘‘fiscal years 2006 and 

15 2007’’ and inserting ‘‘fiscal years 2008 and 

16 2009’’; and 

17 (B) by striking ‘‘$500,000,000’’ and in18 serting ‘‘$977,441,000’’. 

19 (b) QUARTERLY REPORTS.—Subsection (b) of such 

20 section is amended by striking ‘‘fiscal years 2006 and 

21 2007’’ and inserting ‘‘fiscal years 2008 and 2009’’. 

22 SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE 

23 PAKISTAN FRONTIER CORPS. 

24 (a) AUTHORITY.—The Secretary of Defense, with the 

25 concurrence of the Secretary of State, is authorized during 


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1 fiscal year 2008 to provide assistance to enhance the abil2 ity of the Pakistan Frontier Corps to conduct 

3 counterterrorism operations along the border between 

4 Pakistan and Afghanistan. 

5 (b) TYPES OF ASSISTANCE.— 

6 (1) AUTHORIZED ELEMENTS.—Assistance 

7 under subsection (a) may include the provision of 

8 equipment, supplies, and training. 

9 (2) REQUIRED ELEMENTS.—Assistance under 

10 subsection (a) shall be provided in a manner that 

11 promotes— 

12 (A) observance of and respect for human 

13 rights and fundamental freedoms; and 

14 (B) respect for legitimate civilian authority 

15 within Pakistan. 

16 (c) LIMITATIONS.— 

17 (1) FUNDING LIMITATION.—The Secretary of 

18 Defense may use up to $75,000,000 of funds avail19 able to the Department of Defense for operation and 

20 maintenance for fiscal year 2008 to provide the as21 sistance under subsection (a). 

22 (2) ASSISTANCE OTHERWISE PROHIBITED BY

23 LAW.—The Secretary of Defense may not use the 

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1 sistance described in subsection (b) that is otherwise 

2 prohibited by any provision of law. 

3 (d) CONGRESSIONAL NOTIFICATION.— 

4 (1) IN GENERAL.—Not less than 15 days before 

5 providing assistance under subsection (a), the Sec6 retary of Defense shall submit to the congressional 

7 committees specified in paragraph (2) a notice of the 

8 following: 

9 (A) The budget, types of assistance, and 

10 completion date for providing the assistance 

11 under subsection (a). 

12 (B) The source and planned expenditure of 

13 funds for the assistance under subsection (a). 

14 (2) SPECIFIED CONGRESSIONAL COMMIT15 TEES.—The congressional committees specified in 

16 this paragraph are the following: 

17 (A) The Committee on Armed Services, the 

18 Committee on Foreign Relations, and the Com19 mittee on Appropriations of the Senate. 

20 (B) The Committee on Armed Services, 

21 the Committee on Foreign Affairs, and the 

22 Committee on Appropriations of the House of 

23 Representatives. 


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1 SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PER2 SONNEL TO ASSIST IN ACCOUNTING FOR 

3 MISSING UNITED STATES GOVERNMENT PER4 SONNEL. 

5 (a) IN GENERAL.—Chapter 20 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 408. Equipment and training of foreign personnel 

9 to assist in Department of Defense ac10 counting for missing United States Gov11 ernment personnel 

12 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

13 provide assistance to any foreign nation to assist the De14 partment of Defense with recovery of and accounting for 

15 missing United States Government personnel. 

16 ‘‘(b) TYPES OF ASSISTANCE.—The assistance pro17 vided under subsection (a) may include the following: 

18 ‘‘(1) Equipment. 

19 ‘‘(2) Supplies. 

20 ‘‘(3) Services. 

21 ‘‘(4) Training of personnel. 

22 ‘‘(c) APPROVAL BY SECRETARY OF STATE.—Assist23 ance may not be provided under this section to any foreign 

24 nation unless the Secretary of State specifically approves 

25 the provision of such assistance. 


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1 ‘‘(d) LIMITATION.—The amount of assistance pro2 vided under this section in any fiscal year may not exceed 

3 $1,000,000. 

4 ‘‘(e) CONSTRUCTION WITH OTHER ASSISTANCE.— 

5 The authority to provide assistance under this section is 

6 in addition to any other authority to provide assistance 

7 to foreign nations under law. 

8 ‘‘(f) ANNUAL REPORTS.—(1) Not later than Decem9 ber 31 each year, the Secretary of Defense shall submit 

10 to the congressional defense committees a report on the 

11 assistance provided under this section during the fiscal 

12 year ending in such year. 

13 ‘‘(2) Each report under paragraph (1) shall include, 

14 for the fiscal year covered by such report, the following: 

15 ‘‘(A) A listing of each foreign nation provided 

16 assistance under this section. 

17 ‘‘(B) For each nation so provided assistance, a 

18 description of the type and amount of such assist19 ance.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 20 of such title is amended 

22 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.’’. 


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1 SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTI2 FICATION SYSTEM DATA ON MARITIME SHIP3 PING TO FOREIGN COUNTRIES AND INTER4 NATIONAL ORGANIZATIONS. 

5 (a) AUTHORITY TO PROVIDE DATA.—The Secretary 

6 of Defense, with the concurrence of the Secretary of State, 

7 may authorize the Secretary of a military department or 

8 a commander of a combatant command to exchange or 

9 furnish automatic identification system data broadcast by 

10 merchant or private ships and collected by the United 

11 States to a foreign country or international organization 

12 pursuant to an agreement for the exchange or production 

13 of such data. Such data may be transferred pursuant to 

14 this section without cost to the recipient country or inter15 national organization. 

16 (b) DEFINITIONS.—In this section: 

17 (1) AUTOMATIC IDENTIFICATION SYSTEM.—The 

18 term ‘‘automatic identification system’’ means a sys19 tem that is used to satisfy the requirements of the 

20 Automatic Identification System under the Inter21 national Convention for the Safety of Life at Sea, 

22 signed at London on November 1, 1974 (TIAS 

23 9700). 

24 (2) GEOGRAPHIC COMBATANT COMMANDER.— 

25 The term ‘‘commander of a combatant command’’ 

26 means a commander of a combatant command (as 


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1 such term is defined in section 161(c) of title 10, 

2 United States Code) with a geographic area of re3 sponsibility. 

4 SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED 

5 PROGRAMS CARRIED OUT BY THE DEPART6 MENT OF DEFENSE. 

7 (a) REPORT REQUIRED.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense shall submit to the appropriate congressional 

10 committees a report that specifies, on a country-by-coun11 try basis, each foreign-assistance related program carried 

12 out by the Department of Defense during the prior fiscal 

13 year under the authorities described in subsection (b). 

14 (b) MATTERS TO BE INCLUDED.—The report re15 quired under subsection (a) shall include— 

16 (1) a description of the dollar amount, type of 

17 support, and purpose of each foreign–assistance re18 lated program carried out by the Department of De19 fense under— 

20 (A) section 1206 of the National Defense 

21 Authorization Act for Fiscal Year 2006 (Public 

22 Law 109–163; 119 Stat. 3456), relating to au23 thority to build the capacity of foreign military 

24 forces; 


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1 (B) section 1207 of the National Defense 

2 Authorization Act for Fiscal Year 2006 (Public 

3 Law 109–163; 119 Stat. 3458), relating to au4 thority to provide security and stabilization as5 sistance to foreign countries; 

6 (C) section 1208 of the National Defense 

7 Authorization Act for Fiscal Year 2006 (Public 

8 Law 109–163; 119 Stat. 3459), relating to au9 thority to reimburse certain coalition nations 

10 for support provided to United States military 

11 operations; 

12 (D) section 1033 of the National Defense 

13 Authorization Act for Fiscal Year 1998 (Public 

14 Law 105–85; 111 Stat. 1881), relating to au15 thority to provide additional support for 

16 counter-drug activities of Peru and Colombia; 

17 (E) section 1004 of the National Defense 

18 Authorization Act for Fiscal Year 1991 (Public 

19 Law 101–510; 10 U.S.C. 374 note), relating to 

20 additional support for counter-drug activities; 

21 (F) section 127d of title 10, United States 

22 Code, relating to authority to provide logistic 

23 support, supplies, and services to allied forces 

24 participating in a combined operation with the 

25 Armed Forces; 


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1 (G) section 2249c of title 10, United 

2 States Code, relating to authority to use appro3 priated funds for costs associated with edu4 cation and training of foreign officials under 

5 the Regional Defense Combating Terrorism 

6 Fellowship Program; and 

7 (H) section 2561 of title 10, United States 

8 Code, relating to authority to provide humani9 tarian assistance; and 

10 (2) a description of each foreign-assistance re11 lated program that the Department of Defense un12 dertakes or implements on behalf of any other de13 partment or agency of the United States Govern14 ment, including programs under the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 

16 Arms Export Control Act (22 U.S.C. 2751 et seq.). 

17 (c) FORM.—The report required under subsection (a) 

18 shall be submitted in unclassified form, but may contain 

19 a classified annex. 

20 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

21 DEFINED.—In this section, the term ‘‘appropriate con22 gressional committees’’ means— 

23 (1) the Committee on Appropriations, the Com24 mittee on Armed Services, and the Committee on 


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1 Foreign Affairs of the House of Representatives; 

2 and 

3 (2) the Committee on Appropriations, the Com4 mittee on Armed Services, and the Committee on 

5 Foreign Relations of the Senate. 

6 SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY 

7 FOR SECURITY AND STABILIZATION ASSIST8 ANCE. 

9 (a) PROGRAM FOR ASSISTANCE.—Section 1207 of 

10 the National Defense Authorization Act for Fiscal Year 

11 2006 (Public Law 109–163; 119 Stat. 3458) is amend12 ed— 

13 (1) by redesignating subsections (d), (e), and 

14 (f) as subsections (e), (f), and (g), respectively; and 

15 (2) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) FORMULATION AND IMPLEMENTATION OF PRO18 GRAM FOR ASSISTANCE.—The Secretary of State shall co19 ordinate with the Secretary of Defense in the formulation 

20 and implementation of a program of reconstruction, secu21 rity, or stabilization assistance to a foreign country that 

22 involves the provision of services or transfer of defense ar23 ticles or funds under subsection (a).’’. 

24 (b) ONE-YEAR EXTENSION.—Subsection (g) of such 

25 section, as redesignated by subsection (a) of this section, 


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1 is amended by striking ‘‘September 30, 2007’’ and insert2 ing ‘‘September 30, 2008’’. 

3 SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE RE4 PORT ON GLOBAL PEACE OPERATIONS INI5 TIATIVE. 

6 (a) REPORT REQUIRED.—Not later than June 1, 

7 2008, the Comptroller General of the United States shall 

8 submit to the congressional defense committees, the Com9 mittee on Foreign Relations of the Senate, and the Com10 mittee on Foreign Affairs of the House of Representatives 

11 a report assessing the Global Peace Operations Initiative. 

12 (b) CONTENT.—The report required under subsection 

13 (a) shall include the following: 

14 (1) An assessment of whether, and to what ex15 tent, the Global Peace Operations Initiative has met 

16 the goals set by the President at the inception of the 

17 program in 2004. 

18 (2) Which goals, if any, remain unfulfilled. 

19 (3) A description of activities conducted by each 

20 member state of the Group of Eight (G–8), includ21 ing the approximate cost of the activities, and the 

22 approximate percentage of the total monetary value 

23 of the activities conducted by each G–8 member, in24 cluding the United States, as well as efforts by the 


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1 President to seek contributions or participation by 

2 other G–8 members. 

3 (4) A description of any activities conducted by 

4 non-G–8 members, or other organizations and insti5 tutions, as well as any efforts by the President to so6 licit contributions or participation. 

7 (5) A description of the extent to which the 

8 Global Peace Operations Initiative has had global 

9 participation. 

10 (6) A description of the administration of the 

11 program by the Department of State and Depart12 ment of Defense, including— 

13 (A) whether each Department should con14 centrate administration in one office or bureau, 

15 and if so, which one; 

16 (B) the extent to which the two Depart17 ments coordinate and the quality of their co18 ordination; and 

19 (C) the extent to which contractors are 

20 used and an assessment of the quality and 

21 timeliness of the results achieved by the con22 tractors, and whether the United States Gov23 ernment might have achieved similar or better 

24 results without contracting out functions. 


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1 (7) A description of the metrics, if any, that are 

2 used by the President and the G–8 to measure 

3 progress in implementation of the Global Peace Op4 erations Initiative, including— 

5 (A) assessments of the quality and sustain6 ability of the training of individual soldiers and 

7 units; 

8 (B) the extent to which the G–8 and par9 ticipating countries maintain records or data10 bases of trained individuals and units and con11 duct inspections to measure and monitor the 

12 continued readiness of such individuals and 

13 units; 

14 (C) the extent to which the individuals and 

15 units are equipped and remain equipped to de16 ploy in peace operations; and 

17 (D) the extent to which, the timeline by 

18 which, and how individuals and units can be 

19 mobilized for peace operations. 

20 (8) The extent to which, the timeline by which, 

21 and how individuals and units can be and are being 

22 deployed to peace operations. 

23 (9) An assessment of whether individuals and 

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1 quent to receiving training under the Initiative, 

2 whether they will be deployed to upcoming oper3 ations in Africa and elsewhere, and the extent to 

4 which such individuals and units would be prepared 

5 to deploy and participate in such peace operations. 

6 (10) Recommendations as to whether participa7 tion in the Global Peace Operations Initiative should 

8 require reciprocal participation by countries in peace 

9 operations. 

10 (11) Any additional measures that could be 

11 taken to enhance the effectiveness of the Global 

12 Peace Operations Initiative in terms of— 

13 (A) achieving its stated goals; and 

14 (B) ensuring that individuals and units 

15 trained as part of the Initiative are regularly 

16 participating in peace operations. 

17 (c) FORM.—To the maximum extent practicable, the 

18 report required under subsection (a) shall be submitted 

19 in unclassified form, but may include a classified annex, 

20 if necessary. 


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1 SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSIST2 ANCE UNDER THE AMERICAN 

3 SERVICEMEMBERS’ PROTECTION ACT OF 

4 2002. 

5 (a) REPEAL OF LIMITATIONS.—Section 2007 of the 

6 American Servicemembers’ Protection Act of 2002 (22 

7 U.S.C. 7426) is repealed. 

8 (b) CONFORMING AMENDMENTS.—Such Act is fur9 ther amended— 

10 (1) in section 2003 (22 U.S.C. 7422)— 

11 (A) in subsection (a)— 

12 (i) in the heading, by striking ‘‘SEC13 TIONS 5 AND 7’’ and inserting ‘‘SECTION

14 2005’’; and 

15 (ii) by striking ‘‘sections 2005 and 

16 2007’’ and inserting ‘‘section 2005’’; 

17 (B) in subsection (b)— 

18 (i) in the heading, by striking ‘‘SEC19 TIONS 5 AND 7’’ and inserting ‘‘SECTION

20 2005’’; and 

21 (ii) by striking ‘‘sections 2005 and 

22 2007’’ and inserting ‘‘section 2005’’; 

23 (C) in subsection (c)(2)(A), by striking 

24 ‘‘sections 2005 and 2007’’ and inserting ‘‘sec25 tion 2005’’; 


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1 (D) in subsection (d), by striking ‘‘sections 

2 2005 and 2007’’ and inserting ‘‘section 2005’’; 

3 and 

4 (E) in subsection (e), by striking ‘‘2006, 

5 and 2007’’ and inserting ‘‘and 2006’’; and 

6 (2) in section 2013 (22 U.S.C. 7432), by strik7 ing paragraph (13). 

8 Subtitle B—Matters Relating to 

9 Iraq and Afghanistan 

10 SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO 

11 THE OFFICE OF THE SPECIAL INSPECTOR 

12 GENERAL FOR IRAQ RECONSTRUCTION. 

13 (a) PURPOSES.—Subsection (a)(1) of section 3001 of 

14 the Emergency Supplemental Appropriations Act for De15 fense and for the Reconstruction of Iraq and Afghanistan, 

16 2004 (Public Law 108–106; 117 Stat. 1234–1238; 5 

17 U.S.C. App., note to section 8G of Public Law 95–452) 

18 is amended by striking ‘‘to the Iraq Relief and Reconstruc19 tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 

20 (b) ASSISTANT INSPECTORS GENERAL.—Subsection 

21 (d)(1) of such section is amended by striking ‘‘the Iraq 

22 Relief and Reconstruction Fund’’ and inserting ‘‘amounts 

23 appropriated or otherwise made available for the recon24 struction of Iraq’’. 


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1 (c) SUPERVISION.—Subsection (e)(2) of such section 

2 is amended by striking ‘‘the Iraq Relief and Reconstruc3 tion Fund’’ and inserting ‘‘amounts appropriated or other4 wise made available for the reconstruction of Iraq’’. 

5 (d) DUTIES.—Subsection (f)(1) of such section is 

6 amended by striking ‘‘to the Iraq Relief and Reconstruc7 tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 

8 (e) PERSONNEL, FACILITIES, AND OTHER RE9 SOURCES.—Subsection (h) of such section is amended— 

10 (1) in paragraph (1), by inserting after ‘‘pay 

11 rates’’ the following: ‘‘, and may exercise the au12 thorities of subsections (b) through (i) of section 

13 3161 of title 5, United States Code (without regard 

14 to subsection (a) of such section)’’; and 

15 (2) in paragraph (3), by striking ‘‘my enter’’ 

16 and inserting ‘‘may enter’’. 

17 (f) REPORTS.—Subsection (i) of such section is 

18 amended by striking ‘‘to the Iraq Relief and Reconstruc19 tion Fund’’ each place it appears and inserting ‘‘for the 

20 reconstruction of Iraq’’. 

21 (g) DEFINITIONS.—Subsection (m) of such section is 

22 amended— 

23 (1) in the heading, by striking ‘‘APPROPRIATE

24 COMMITTEES OF CONGRESS DEFINED’’ and insert25 ing ‘‘DEFINITIONS’’; 


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1 (2) by striking ‘‘In this section, the term’’ and 

2 inserting the following: ‘‘In this section— 

3 ‘‘(1) the term’’; 

4 (3) by redesignating paragraphs (1) and (2) as 

5 subparagraphs (A) and (B), respectively; 

6 (4) in paragraph (1)(B) (as redesignated by 

7 paragraph (3) of this subsection), by striking ‘‘and 

8 International Relations’’ and inserting ‘‘Foreign Af9 fairs, and Oversight and Government Reform’’; 

10 (5) by striking the period at the end and insert11 ing ‘‘; and’’; and 

12 (6) by adding at the end the following: 

13 ‘‘(2) the term ‘amounts appropriated or other14 wise made available for the reconstruction of Iraq’ 

15 means amounts appropriated or otherwise made 

16 available for any fiscal year— 

17 ‘‘(A) to the Iraq Relief and Reconstruction 

18 Fund, the Iraq Security Forces Fund, and the 

19 Commanders’ Emergency Response Program 

20 authorized under section 1202 of the National 

21 Defense Authorization for Fiscal Year 2006 

22 (Public Law 109–163; 119 Stat. 3455–3456); 

23 or 

24 ‘‘(B) for assistance for the reconstruction 

25 of Iraq under— 


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1 ‘‘(i) the Economic Support Fund au2 thorized under chapter 4 of part II of the 

3 Foreign Assistance Act of 1961 (22 U.S.C. 

4 2346 et seq.); 

5 ‘‘(ii) the International Narcotics Con6 trol and Law Enforcement account author7 ized under section 481 of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2291); or 

9 ‘‘(iii) any other provision of law.’’. 

10 (h) TERMINATION DATE.—Subsection (o) of such 

11 section is amended— 

12 (1) in paragraph (1), to read as follows: 

13 ‘‘(1) The Office of the Inspector General shall termi14 nate 180 days after the date on which amounts appro15 priated or otherwise made available for the reconstruction 

16 of Iraq that are unexpended are less than $250,000,000.’’; 

17 and 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘funds deemed to be’’; and 

20 (B) by striking ‘‘to the Iraq Relief and Re21 construction Fund’’ and inserting ‘‘for the re22 construction of Iraq’’. 


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1 SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 CERTAIN PURPOSES RELATING TO IRAQ. 

3 No funds appropriated pursuant to an authorization 

4 of appropriations in this Act may be obligated or expended 

5 for a purpose as follows: 

6 (1) To establish any military installation or 

7 base for the purpose of providing for the permanent 

8 stationing of United States Armed Forces in Iraq. 

9 (2) To exercise United States control of the oil 

10 resources of Iraq. 

11 SEC. 1223. REPORT ON UNITED STATES POLICY AND MILI12 TARY OPERATIONS IN IRAQ. 

13 (a) REPORT.— 

14 (1) IN GENERAL.—Subsection (c) of section 

15 1227 of the National Defense Authorization Act for 

16 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

17 3465; 50 U.S.C. 1541 note) is amended— 

18 (A) in paragraph (2), by striking ‘‘Iraq.’’ 

19 and inserting the following: ‘‘Iraq, including— 

20 ‘‘(A) enacting a broadly-accepted hydro21 carbon law that equitably shares revenue among 

22 all Iraqis; 

23 ‘‘(B) adopting laws necessary for the con24 duct of provincial and local elections, taking 

25 steps to implement such laws, and setting a 


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1 schedule to conduct provincial and local elec2 tions; 

3 ‘‘(C) reforming current laws governing the 

4 de-Baathification process in a manner that en5 courages national reconciliation; 

6 ‘‘(D) amending the Constitution of Iraq in 

7 a manner that encourages national reconcili8 ation; 

9 ‘‘(E) allocating and beginning expenditure 

10 of $10 billion in Iraqi revenues for reconstruc11 tion projects, including delivery of essential 

12 services, and implementing such reconstruction 

13 projects on an equitable basis; and 

14 ‘‘(F) making significant efforts to plan and 

15 implement disarmament, demobilization, and re16 integration programs relating to Iraqi mili17 tias.’’; 

18 (B) by striking paragraph (3) and insert19 ing the following: 

20 ‘‘(3) A detailed description of the Joint Cam21 paign Plan, or any subsequent revisions, updates, or 

22 documents that replace or supersede the Joint Cam23 paign Plan, including goals, phases, or other mile24 stones contained in the Joint Campaign Plan. Spe25 cifically, the description shall include the following: 


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1 ‘‘(A) An explanation of conditions required 

2 to move through phases of the Joint Campaign 

3 Plan, in particular those conditions that must 

4 be met in order to provide for the transition of 

5 additional security responsibility to the Iraqi 

6 Security Forces, and the measurements used to 

7 determine progress. 

8 ‘‘(B) An assessment of which conditions in 

9 the Joint Campaign Plan have been achieved 

10 and which conditions have not been achieved. 

11 The assessment of those conditions that have 

12 not been achieved shall include a discussion of 

13 the factors that have precluded progress. 

14 ‘‘(C) A description of any companion or 

15 equivalent plan of the Government of Iraq used 

16 to measure progress for Iraqi Security Forces 

17 undertaking joint operations with Coalition 

18 Forces.’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(7) An assessment of the levels of United 

21 States Armed Forces required in Iraq for the six22 month period following the date of the report, the 

23 missions to be undertaken by the Armed Forces in 

24 Iraq for such period, and the incremental costs or 


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1 savings of any proposed changes to such levels or 

2 missions. 

3 ‘‘(8) A description of the range of conditions 

4 that could prompt changes to the levels of United 

5 States Armed Forces required in Iraq for the six6 month period following the date of the report or the 

7 missions to be undertaken by the Armed Forces in 

8 Iraq for such period, including the status of plan9 ning for such changes to the levels or missions of the 

10 Armed Forces in Iraq.’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) shall apply with respect to each re13 port required to be submitted to Congress under sec14 tion 1227(c) of the National Defense Authorization 

15 Act for Fiscal Year 2006 on or after the date of the 

16 enactment of this Act. 

17 (b) CONGRESSIONAL BRIEFINGS REQUIRED.—Such 

18 section is further amended by adding at the end the fol19 lowing: 

20 ‘‘(d) CONGRESSIONAL BRIEFINGS REQUIRED.—Not 

21 later than 30 days after the submission of the first report 

22 under subsection (c) on or after the date of the enactment 

23 of the National Defense Authorization Act for Fiscal Year 

24 2008, the Secretary of Defense and the Chairman of the 

25 Joint Chiefs of Staff shall meet with the congressional deVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 fense committees to brief such committees on the matters 

2 described in paragraphs (7) and (8) of subsection (c) con3 tained in the report. Not later than 30 days after the sub4 mission of each subsequent report under subsection (c), 

5 appropriate senior officials of the Department of Defense 

6 shall meet with the congressional defense committees to 

7 brief such committees on the matters described in para8 graphs (7) and (8) of subsection (c) contained in the re9 port.’’. 

10 SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PER11 FORMANCE INDICATORS AND MEASURES FOR 

12 PROGRESS TOWARD MILITARY AND POLIT13 ICAL STABILITY IN IRAQ. 

14 (a) REPORT.—Section 9010(c) of the Department of 

15 Defense Appropriations Act, 2007 (division A of Public 

16 Law 109–289; 120 Stat. 1307) is amended— 

17 (1) in paragraph (1)(B)— 

18 (A) by striking ‘‘and trends’’ and inserting 

19 ‘‘trends’’; and 

20 (B) by adding at the end before the period 

21 the following: ‘‘, and progress made in the tran22 sition of responsibility for the security of Iraqi 

23 provinces to the Iraqi Security Forces under the 

24 Provincial Iraqi Control (PIC) process’’; and 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (C)(i), by adding at 

2 the end before the semicolon the following: ‘‘, 

3 without any support from Coalition Forces’’; 

4 (B) by redesignating subparagraphs (D) 

5 through (J) as subparagraphs (F) through (L), 

6 respectively; 

7 (C) by inserting after subparagraph (C) 

8 the following: 

9 ‘‘(D) The amount and type of support pro10 vided by Coalition Forces to the Iraqi Security 

11 Forces at each level of operational readiness. 

12 ‘‘(E) The number of Iraqi battalions in the 

13 Iraqi Army currently conducting operations and 

14 the type of operations being conducted.’’; 

15 (D) by redesignating subparagraphs (H) 

16 through (L) (as redesignated by subparagraph 

17 (B) of this paragraph) as subparagraphs (I) 

18 through (M), respectively; 

19 (E) by inserting after subparagraph (G) 

20 (as redesignated by subparagraph (B) of this 

21 paragraph) the following: 

22 ‘‘(H) The level and effectiveness of the 

23 Iraqi Security Forces under the Ministry of De24 fense in provinces where the United States has 

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1 rity of the province to the Iraqi Security Forces 

2 under the Provincial Iraqi Control (PIC) proc3 ess.’’; and 

4 (F) in subparagraph (I) (as redesignated 

5 by subparagraphs (B) and (D) of this para6 graph)— 

7 (i) in clause (iv), by striking ‘‘and’’ at 

8 the end; 

9 (ii) in clause (v), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(vi) the level and effectiveness of the 

14 Iraqi Police and other Ministry of Interior 

15 Forces in provinces where the United 

16 States has formally transferred responsi17 bility for the security of the province to the 

18 Iraqi Security Forces under the Provincial 

19 Iraqi Control (PIC) process.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall apply with respect to each report re22 quired to be submitted to Congress under section 9010 

23 of the Department of Defense Appropriations Act, 2007 

24 on or after the date of the enactment of this Act. 


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1 SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS 

2 AGAINST COALITION FORCES IN IRAQ. 

3 (a) REPORT REQUIRED.—Not later than 60 days 

4 after the date of the enactment of this Act, and every 180 

5 days thereafter, the Secretary of Defense, in coordination 

6 with the Director of National Intelligence, shall submit to 

7 the congressional defense committees a report describing 

8 and assessing in detail— 

9 (1) any support or direction provided to anti-co10 alition forces in Iraq by the Government of Iran or 

11 its agents; 

12 (2) the strategy and ambitions in Iraq of the 

13 Government of Iran; and 

14 (3) any strategy or efforts by the United States 

15 Government to counter the activities of agents of the 

16 Government of Iran in Iraq. 

17 (b) FORM.—Each report required under subsection 

18 (a) shall be submitted in unclassified form, to the max19 imum extent practicable, but may contain a classified 

20 annex, if necessary. 

21 (c) TERMINATION.—The requirement to submit re22 ports under subsection (a) shall terminate on the date on 

23 which the Secretary of Defense, in coordination with the 

24 Director of National Intelligence, submits to the congres25 sional defense committees a certification in writing that 

26 the Government of Iran has ceased to provide military 


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1 support to anti-coalition forces that conduct attacks 

2 against coalition forces in Iraq. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to authorize or otherwise speak to 

5 the use of the Armed Forces against Iran. 

6 SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES 

7 OF A FAILED STATE IN IRAQ. 

8 It is the sense of Congress that— 

9 (1) a failed state in Iraq will have a negative 

10 impact on the Middle East and United States inter11 ests in the region; and 

12 (2) the United States should pursue strategies 

13 to prevent a failed state in Iraq or to contain the 

14 negative effects of a failed state in Iraq. 

15 SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ. 

16 It is the sense of Congress that— 

17 (1) policies supported by the United States in 

18 the pursuit of a political settlement in Iraq should 

19 be consistent with the wishes of the Iraqi people and 

20 should not violate the sovereignty of the nation of 

21 Iraq; 

22 (2) if the Iraqi people support a political settle23 ment in Iraq based on the final provisions of the 

24 Constitution of Iraq that create a federal system of 

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1 gions, consistent with the wishes of the Iraqi people 

2 and their elected leaders, the United States should 

3 actively support such a political settlement in Iraq; 

4 (3) the active support referred to in paragraph 

5 (2) should include— 

6 (A) calling on the international community, 

7 including countries with troops in Iraq, the per8 manent 5 members of the United Nations Secu9 rity Council, members of the Gulf Cooperation 

10 Council, and Iraq’s neighbors— 

11 (i) to support an Iraqi political settle12 ment based on federalism; 

13 (ii) to acknowledge the sovereignty 

14 and territorial integrity of Iraq; and 

15 (iii) to fulfill commitments for the ur16 gent delivery of significant assistance and 

17 debt relief to Iraq, especially those made 

18 by the member states of the Gulf Coopera19 tion Council; and 

20 (B) convening a conference for Iraqis to 

21 reach an agreement on a comprehensive polit22 ical settlement based on the federalism law ap23 proved by the Iraqi Parliament on October 11, 

24 2006; 


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1 (4) the United States should urge the Govern2 ment of Iraq to quickly agree upon and implement 

3 a law providing for the equitable distribution of oil 

4 revenues, which is a critical component of a com5 prehensive political settlement in Iraq, including a 

6 potential settlement based upon federalism; 

7 (5) the steps described in paragraphs (2), (3), 

8 and (4) could lead to an Iraq that is stable, not a 

9 haven for terrorists, and not a threat to its neigh10 bors; 

11 (6) in pursuit of a political settlement in Iraq, 

12 whether based on federalism or not, the United 

13 States should call on Iraq’s neighbors to pledge not 

14 to militarily intervene in or destabilize Iraq; and 

15 (7) nothing in this Act should be construed in 

16 any way to infringe on the sovereign rights of the 

17 nation of Iraq or to imply that the United States 

18 wishes to impose a political settlement in Iraq based 

19 on federalism if such a political settlement is con20 trary to the wishes of the Iraqi people. 


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1 SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTI2 CLES PROVIDED TO THE GOVERNMENT OF 

3 IRAQ AND OTHER INDIVIDUALS AND GROUPS 

4 IN IRAQ. 

5 (a) EXPORT AND TRANSFER CONTROL POLICY.— 

6 The President shall implement a policy to control the ex7 port and transfer of defense articles into Iraq, including 

8 implementation of the registration and monitoring system 

9 under subsection (c). 

10 (b) REQUIREMENT TO IMPLEMENT CONTROL SYS11 TEM.—No defense articles may be provided to the Govern12 ment of Iraq or any other group, organization, citizen, or 

13 resident of Iraq until the President certifies to the speci14 fied congressional committees that a registration and mon15 itoring system meeting the requirements set forth in sub16 section (c) has been established. 

17 (c) REGISTRATION AND MONITORING SYSTEM.—The 

18 registration and monitoring system required under this 

19 subsection shall include— 

20 (1) the registration of the serial numbers of all 

21 small arms to be provided to the Government of Iraq 

22 or to other groups, organizations, citizens, or resi23 dents of Iraq; 

24 (2) a program of end-use monitoring of all le25 thal defense articles provided to such entities or in26 dividuals; and 


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1 (3) a detailed record of the origin, shipping, 

2 and distribution of all defense articles transferred 

3 under the Iraq Security Forces Fund or any other 

4 security assistance program to such entities or indi5 viduals. 

6 (d) REVIEW; EXEMPTION.— 

7 (1) REVIEW.—The President shall periodically 

8 review the items subject to the registration and mon9 itoring requirements under subsection (c) to deter10 mine what items, if any, should no longer be subject 

11 to such registration and monitoring requirements. 

12 The President shall transmit to the specified con13 gressional committees the results of each review con14 ducted under this paragraph. 

15 (2) EXEMPTION.—The President may exempt 

16 an item from the registration and monitoring re17 quirements under subsection (c) beginning on the 

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

19 President provides notice of the proposed exemption 

20 to the specified congressional committees in accord21 ance with the procedures applicable to reprogram22 ming notifications under section 634A(a) of the For23 eign Assistance Act of 1961 (22 U.S.C. 2394–1(a)). 

24 Such notice shall describe any controls to be im25 posed on such item under any other provision of law. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) DEFENSE ARTICLE.—The term ‘‘defense ar3 ticle’’ has the meaning given the term in section 

4 644(d) of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2403(d)). 

6 (2) SMALL ARMS.—The term ‘‘small arms’’ 

7 means— 

8 (A) handguns; 

9 (B) shoulder-fired weapons; 

10 (C) light automatic weapons up to and in11 cluding .50 caliber machine guns; 

12 (D) recoilless rifles up to and including 

13 106mm; 

14 (E) mortars up to and including 81mm; 

15 (F) rocket launchers, man-portable; 

16 (G) grenade launchers, rifle and shoulder 

17 fired; and 

18 (H) individually-operated weapons which 

19 are portable or can be fired without special 

20 mounts or firing devices and which have poten21 tial use in civil disturbances and are vulnerable 

22 to theft. 

23 (3) SPECIFIED CONGRESSIONAL COMMIT24 TEES.—The term ‘‘specified congressional commit25 tees’’ means— 


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1 (A) the Committee on Foreign Affairs and 

2 the Committee on Armed Services of the House 

3 of Representatives; and 

4 (B) the Committee on Foreign Relations, 

5 the Committee on Armed Services, and the 

6 Committee on Banking, Housing, and Urban 

7 Affairs of the Senate. 

8 (f) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), this section shall take effect 180 days 

11 after the date of the enactment of this Act. 

12 (2) EXCEPTION.—The President may delay the 

13 effective date of this section by an additional period 

14 of up to 90 days if the President certifies in writing 

15 to the specified congressional committees for such 

16 additional period that it is in the vital interest of the 

17 United States to do so and includes in the certifi18 cation a description of such vital interest. 

19 SEC. 1229. SPECIAL INSPECTOR GENERAL FOR AFGHANI20 STAN RECONSTRUCTION. 

21 (a) PURPOSES.—The purposes of this section are as 

22 follows: 

23 (1) To provide for the independent and objec24 tive conduct and supervision of audits and investiga25 tions relating to the programs and operations funded 


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1 with amounts appropriated or otherwise made avail2 able for the reconstruction of Afghanistan. 

3 (2) To provide for the independent and objec4 tive leadership and coordination of, and rec5 ommendations on, policies designed to— 

6 (A) promote economy efficiency, and effec7 tiveness in the administration of the programs 

8 and operations described in paragraph (1); and 

9 (B) prevent and detect waste, fraud, and 

10 abuse in such programs and operations. 

11 (3) To provide for an independent and objective 

12 means of keeping the Secretary of State and the 

13 Secretary of Defense fully and currently informed 

14 about problems and deficiencies relating to the ad15 ministration of such programs and operations and 

16 the necessity for and progress on corrective action. 

17 (b) OFFICE OF INSPECTOR GENERAL.—There is 

18 hereby established the Office of the Special Inspector Gen19 eral for Afghanistan Reconstruction to carry out the pur20 poses of subsection (a). 

21 (c) APPOINTMENT OF INSPECTOR GENERAL; RE22 MOVAL.— 

23 (1) APPOINTMENT.—The head of the Office of 

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1 ghanistan Reconstruction (in this section referred to 

2 as the ‘‘Inspector General’’), who shall be appointed 

3 by the President. The President may appoint the 

4 Special Inspector General for Iraq Reconstruction to 

5 serve as the Special Inspector General for Afghani6 stan Reconstruction, in which case the Special In7 spector General for Iraq Reconstruction shall have 

8 all of the duties, responsibilities, and authorities set 

9 forth under this section with respect to such ap10 pointed position for the purpose of carrying out this 

11 section. 

12 (2) QUALIFICATIONS.—The appointment of the 

13 Inspector General shall be made solely on the basis 

14 of integrity and demonstrated ability in accounting, 

15 auditing, financial analysis, law, management anal16 ysis, public administration, or investigations. 

17 (3) DEADLINE FOR APPOINTMENT.—The ap18 pointment of an individual as Inspector General 

19 shall be made not later than 30 days after the date 

20 of the enactment of this Act. 

21 (4) COMPENSATION.—The annual rate of basic 

22 pay of the Inspector General shall be the annual rate 

23 of basic pay provided for positions at level IV of the 

24 Executive Schedule under section 5315 of title 5, 

25 United States Code. 


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1 (5) PROHIBITION ON POLITICAL ACTIVITIES.— 

2 For purposes of section 7324 of title 5, United 

3 States Code, the Inspector General shall not be con4 sidered an employee who determines policies to be 

5 pursued by the United States in the nationwide ad6 ministration of Federal law. 

7 (6) REMOVAL.—The Inspector General shall be 

8 removable from office in accordance with the provi9 sions of section 3(b) of the Inspector General Act of 

10 1978 (5 U.S.C. App.). 

11 (d) ASSISTANT INSPECTORS GENERAL.—The Inspec12 tor General shall, in accordance with applicable laws and 

13 regulations governing the civil service— 

14 (1) appoint an Assistant Inspector General for 

15 Auditing who shall have the responsibility for super16 vising the performance of auditing activities relating 

17 to programs and operations supported by amounts 

18 appropriated or otherwise made available for the re19 construction of Afghanistan; and 

20 (2) appoint an Assistant Inspector General for 

21 Investigations who shall have the responsibility for 

22 supervising the performance of investigative activi23 ties relating to such programs and operations. 

24 (e) SUPERVISION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Inspector General shall report directly 

3 to, and be under the general supervision of, the Sec4 retary of State and the Secretary of Defense. 

5 (2) INDEPENDENCE TO CONDUCT INVESTIGA6 TIONS AND AUDITS.—No officer of the Department 

7 of Defense, the Department of State, or the United 

8 States Agency for International Development shall 

9 prevent or prohibit the Inspector General from initi10 ating, carrying out, or completing any audit or in11 vestigation related to amounts appropriated or oth12 erwise made available for the reconstruction of Af13 ghanistan or from issuing any subpoena during the 

14 course of any such audit or investigation. 

15 (f) DUTIES.— 

16 (1) OVERSIGHT OF AFGHANISTAN RECON17 STRUCTION.—It shall be the duty of the Inspector 

18 General to conduct, supervise, and coordinate audits 

19 and investigations of the treatment, handling, and 

20 expenditure of amounts appropriated or otherwise 

21 made available for the reconstruction of Afghani22 stan, and of the programs, operations, and contracts 

23 carried out utilizing such funds, including— 

24 (A) the oversight and accounting of the ob25 ligation and expenditure of such funds; 


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1 (B) the monitoring and review of recon2 struction activities funded by such funds; 

3 (C) the monitoring and review of contracts 

4 funded by such funds; 

5 (D) the monitoring and review of the 

6 transfer of such funds and associated informa7 tion between and among departments, agencies, 

8 and entities of the United States and private 

9 and nongovernmental entities; 

10 (E) the maintenance of records on the use 

11 of such funds to facilitate future audits and in12 vestigations of the use of such fund; 

13 (F) the monitoring and review of the effec14 tiveness of United States coordination with the 

15 Government of Afghanistan and other donor 

16 countries in the implementation of the Afghani17 stan Compact and the Afghanistan National 

18 Development Strategy; and 

19 (G) the investigation of overpayments such 

20 as duplicate payments or duplicate billing and 

21 any potential unethical or illegal actions of Fed22 eral employees, contractors, or affiliated entities 

23 and the referral of such reports, as necessary, 

24 to the Department of Justice to ensure further 


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1 investigations, prosecutions, recovery of further 

2 funds, or other remedies. 

3 (2) OTHER DUTIES RELATED TO OVERSIGHT.— 

4 The Inspector General shall establish, maintain, and 

5 oversee such systems, procedures, and controls as 

6 the Inspector General considers appropriate to dis7 charge the duties under paragraph (1). 

8 (3) DUTIES AND RESPONSIBILITIES UNDER IN9 SPECTOR GENERAL ACT OF 1978.—In addition to the 

10 duties specified in paragraphs (1) and (2), the In11 spector General shall also have the duties and re12 sponsibilities of inspectors general under the Inspec13 tor General Act of 1978. 

14 (4) COORDINATION OF EFFORTS.—In carrying 

15 out the duties, responsibilities, and authorities of the 

16 Inspector General under this section, the Inspector 

17 General shall coordinate with, and receive the co18 operation of each of the following: 

19 (A) The Inspector General of the Depart20 ment of Defense. 

21 (B) The Inspector General of the Depart22 ment of State. 

23 (C) The Inspector General of the United 

24 States Agency for International Development. 

25 (g) POWERS AND AUTHORITIES.— 


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1 (1) AUTHORITIES UNDER INSPECTOR GENERAL

2 ACT OF 1978.—In carrying out the duties specified in 

3 subsection (f), the Inspector General shall have the 

4 authorities provided in section 6 of the Inspector 

5 General Act of 1978, including the authorities under 

6 subsection (e) of such section. 

7 (2) AUDIT STANDARDS.—The Inspector General 

8 shall carry out the duties specified in subsection 

9 (f)(1) in accordance with section 4(b)(1) of the In10 spector General Act of 1978. 

11 (h) PERSONNEL, FACILITIES, AND OTHER RE12 SOURCES.— 

13 (1) PERSONNEL.—The Inspector General may 

14 select, appoint, and employ such officers and em15 ployees as may be necessary for carrying out the du16 ties of the Inspector General, subject to the provi17 sions of title 5, United States Code, governing ap18 pointments in the competitive service, and the provi19 sions of chapter 51 and subchapter III of chapter 53 

20 of such title, relating to classification and General 

21 Schedule pay rates. 

22 (2) EMPLOYMENT OF EXPERTS AND CONSULT23 ANTS.—The Inspector General may obtain services 

24 as authorized by section 3109 of title 5, United 

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1 lent rate prescribed for grade GS–15 of the General 

2 Schedule by section 5332 of such title. 

3 (3) CONTRACTING AUTHORITY.—To the extent 

4 and in such amounts as may be provided in advance 

5 by appropriations Acts, the Inspector General may 

6 enter into contracts and other arrangements for au7 dits, studies, analyses, and other services with public 

8 agencies and with private persons, and make such 

9 payments as may be necessary to carry out the du10 ties of the Inspector General. 

11 (4) RESOURCES.—The Secretary of State or the 

12 Secretary of Defense, as appropriate, shall provide 

13 the Inspector General with appropriate and adequate 

14 office space at appropriate locations of the Depart15 ment of State or the Department of Defense, as the 

16 case may be, in Afghanistan, together with such 

17 equipment, office supplies, and communications fa18 cilities and services as may be necessary for the op19 eration of such offices, and shall provide necessary 

20 maintenance services for such offices and the equip21 ment and facilities located therein. 

22 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

23 (A) IN GENERAL.—Upon request of the In24 spector General for information or assistance 

25 from any department, agency, or other entity of 


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1 the Federal Government, the head of such enti2 ty shall, insofar as is practicable and not in 

3 contravention of any existing law, furnish such 

4 information or assistance to the Inspector Gen5 eral, or an authorized designee. 

6 (B) REPORTING OF REFUSED ASSIST7 ANCE.—Whenever information or assistance re8 quested by the Inspector General is, in the 

9 judgment of the Inspector General, unreason10 ably refused or not provided, the Inspector Gen11 eral shall report the circumstances to the Sec12 retary of State or the Secretary of Defense, as 

13 appropriate, and to the appropriate congres14 sional committees without delay. 

15 (6) USE OF PERSONNEL, FACILITIES, AND

16 OTHER RESOURCES OF THE OFFICE OF THE SPE17 CIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUC18 TION.—Upon the request of the Inspector General, 

19 the Special Inspector General for Iraq Reconstruc20 tion— 

21 (A) may detail, on a reimbursable basis, 

22 any of the personnel of the Office of the Special 

23 Inspector General for Iraq Reconstruction to 

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1 stan Reconstruction for the purpose of carrying 

2 out this section; and 

3 (B) may provide, on a reimbursable basis, 

4 any of the facilities or other resources of the 

5 Office of the Special Inspector General for Iraq 

6 Reconstruction to the Office of the Inspector 

7 General for Afghanistan Reconstruction for the 

8 purpose of carrying out this section. 

9 (i) REPORTS.— 

10 (1) QUARTERLY REPORTS.—Not later than 30 

11 days after the end of each fiscal-year quarter, the 

12 Inspector General shall submit to the appropriate 

13 congressional committees a report summarizing, for 

14 the period of that quarter and, to the extent pos15 sible, the period from the end of such quarter to the 

16 time of the submission of the report, the activities 

17 during such period of the Inspector General and the 

18 activities under programs and operations funded 

19 with amounts appropriated or otherwise made avail20 able for the reconstruction of Afghanistan. Each re21 port shall include, for the period covered by such re22 port, a detailed statement of all obligations, expendi23 tures, and revenues associated with reconstruction 

24 and rehabilitation activities in Afghanistan, includ25 ing the following: 


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1 (A) Obligations and expenditures of appro2 priated funds. 

3 (B) A project-by-project and program-by4 program accounting of the costs incurred to 

5 date for the reconstruction of Afghanistan, to6 gether with the estimate of the Department of 

7 Defense, the Department of State, and the 

8 United States Agency for International Devel9 opment, as applicable, of the costs to complete 

10 each project and each program. 

11 (C) Revenues attributable to or consisting 

12 of funds provided by foreign nations or inter13 national organizations to programs and projects 

14 funded by any department or agency of the 

15 United States Government, and any obligations 

16 or expenditures of such revenues. 

17 (D) Revenues attributable to or consisting 

18 of foreign assets seized or frozen that con19 tribute to programs and projects funded by any 

20 department or agency of the United States Gov21 ernment, and any obligations or expenditures of 

22 such revenues. 

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1 wise made available for the reconstruction of 

2 Afghanistan. 

3 (F) In the case of any contract, grant, 

4 agreement, or other funding mechanism de5 scribed in paragraph (2)— 

6 (i) the amount of the contract, grant, 

7 agreement, or other funding mechanism; 

8 (ii) a brief discussion of the scope of 

9 the contract, grant, agreement, or other 

10 funding mechanism; 

11 (iii) a discussion of how the depart12 ment or agency of the United States Gov13 ernment involved in the contract, grant, 

14 agreement, or other funding mechanism 

15 identified, and solicited offers from, poten16 tial individuals or entities to perform the 

17 contract, grant, agreement, or other fund18 ing mechanism, together with a list of the 

19 potential individuals or entities that were 

20 issued solicitations for the offers; and 

21 (iv) the justification and approval doc22 uments on which was based the determina23 tion to use procedures other than proce24 dures that provide for full and open com25 petition. 


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1 (2) COVERED CONTRACTS, GRANTS, AGREE2 MENTS, AND FUNDING MECHANISMS.—A contract, 

3 grant, agreement, or other funding mechanism de4 scribed in this paragraph is any major contract, 

5 grant, agreement, or other funding mechanism that 

6 is entered into by any department or agency of the 

7 United States Government that involves the use of 

8 amounts appropriated or otherwise made available 

9 for the reconstruction of Afghanistan with any pub10 lic or private sector entity for any of the following 

11 purposes: 

12 (A) To build or rebuild physical infrastruc13 ture of Afghanistan. 

14 (B) To establish or reestablish a political 

15 or societal institution of Afghanistan. 

16 (C) To provide products or services to the 

17 people of Afghanistan. 

18 (3) PUBLIC AVAILABILITY.—The Inspector 

19 General shall publish on a publically-available Inter20 net website each report under paragraph (1) of this 

21 subsection in English and other languages that the 

22 Inspector General determines are widely used and 

23 understood in Afghanistan. 

24 (4) FORM.—Each report required under this 

25 subsection shall be submitted in unclassified form, 


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1 but may include a classified annex if the Inspector 

2 General considers it necessary. 

3 (5) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be construed to authorize the public 

5 disclosure of information that is— 

6 (A) specifically prohibited from disclosure 

7 by any other provision of law; 

8 (B) specifically required by Executive order 

9 to be protected from disclosure in the interest 

10 of national defense or national security or in 

11 the conduct of foreign affairs; or 

12 (C) a part of an ongoing criminal inves13 tigation. 

14 (j) REPORT COORDINATION.— 

15 (1) SUBMISSION TO SECRETARIES OF STATE

16 AND DEFENSE.—The Inspector General shall also 

17 submit each report required under subsection (i) to 

18 the Secretary of State and the Secretary of Defense. 

19 (2) SUBMISSION TO CONGRESS.—Not later than 

20 30 days after receipt of a report under paragraph 

21 (1), the Secretary of State or the Secretary of De22 fense may submit to the appropriate congressional 

23 committees any comments on the matters covered by 

24 the report as the Secretary of State or the Secretary 

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1 priate. Any comments on the matters covered by the 

2 report shall be submitted in unclassified form, but 

3 may include a classified annex if the Secretary of 

4 State or the Secretary of Defense, as the case may 

5 be, considers it necessary. 

6 (k) TRANSPARENCY.— 

7 (1) REPORT.—Not later than 60 days after 

8 submission to the appropriate congressional commit9 tees of a report under subsection (i), the Secretary 

10 of State and the Secretary of Defense shall jointly 

11 make copies of the report available to the public 

12 upon request, and at a reasonable cost. 

13 (2) COMMENTS ON MATTERS COVERED BY RE14 PORT.—Not later than 60 days after submission to 

15 the appropriate congressional committees under sub16 section (j)(2) of comments on a report under sub17 section (i), the Secretary of State and the Secretary 

18 of Defense shall jointly make copies of the comments 

19 available to the public upon request, and at a rea20 sonable cost. 

21 (l) WAIVER.— 

22 (1) AUTHORITY.—The President may waive the 

23 requirement under paragraph (1) or (2) of sub24 section (k) with respect to availability to the public 

25 of any element in a report under subsection (i), or 


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1 any comment under subsection (j)(2), if the Presi2 dent determines that the waiver is justified for na3 tional security reasons. 

4 (2) NOTICE OF WAIVER.—The President shall 

5 publish a notice of each waiver made under this sub6 section in the Federal Register no later than the 

7 date on which a report required under subsection (i), 

8 or any comment under subsection (j)(2), is sub9 mitted to the appropriate congressional committees. 

10 The report and comments shall specify whether 

11 waivers under this subsection were made and with 

12 respect to which elements in the report or which 

13 comments, as appropriate. 

14 (m) DEFINITIONS.—In this section: 

15 (1) AMOUNTS APPROPRIATED OR OTHERWISE

16 MADE AVAILABLE FOR THE RECONSTRUCTION OF

17 AFGHANISTAN.—The term ‘‘amounts appropriated 

18 or otherwise made available for the reconstruction of 

19 Afghanistan’’ means— 

20 (A) amounts appropriated or otherwise 

21 made available for any fiscal year— 

22 (i) to the Afghanistan Security Forces 

23 Fund; or 

24 (ii) to the program to assist the peo25 ple of Afghanistan established under subVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 section (a)(2) of section 1202 of the Na2 tional Defense Authorization for Fiscal 

3 Year 2006 (Public Law 109–163; 119 

4 Stat. 3455–3456); and 

5 (B) amounts appropriated or otherwise 

6 made available for any fiscal year for the recon7 struction of Afghanistan under— 

8 (i) the Economic Support Fund; 

9 (ii) the International Narcotics Con10 trol and Law Enforcement account; or 

11 (iii) any other provision of law. 

12 (2) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committees on Appropriations, 

16 Armed Services, and Foreign Relations of the 

17 Senate; and 

18 (B) the Committees on Appropriations, 

19 Armed Services, and Foreign Affairs of the 

20 House of Representatives. 

21 (n) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated $20,000,000 for fiscal year 2008 to 

24 carry out this section. 


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1 (2) OFFSET.—The amount authorized to be ap2 propriated by section 1513 for the Afghanistan Se3 curity Forces Fund is hereby reduced by 

4 $20,000,000. 

5 (o) TERMINATION.— 

6 (1) IN GENERAL.—The Office of the Special In7 spector General for Afghanistan Reconstruction shall 

8 terminate 180 days after the date on which amounts 

9 appropriated or otherwise made available for the re10 construction of Afghanistan that are unexpended are 

11 less than $250,000,000. 

12 (2) FINAL REPORT.—The Inspector General 

13 shall, prior to the termination of the Office of the 

14 Special Inspector General for Afghanistan Recon15 struction under paragraph (1), prepare and submit 

16 to the appropriate congressional committees a final 

17 forensic audit report on programs and operations 

18 funded with amounts appropriated or otherwise 

19 made available for the reconstruction of Afghani20 stan. 

21 SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND 

22 STABILITY IN AFGHANISTAN. 

23 (a) REPORT REQUIRED.—Not later than 90 days 

24 after the date of the enactment of this Act, and every 180 

25 days thereafter through the end of fiscal year 2010, the 


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1 President, acting through the Secretary of Defense, shall 

2 submit to the appropriate congressional committees a re3 port on progress toward security and stability in Afghani4 stan. 

5 (b) COORDINATION.—The report required under sub6 section (a) shall be prepared in coordination with the Sec7 retary of State, the Director of National Intelligence, the 

8 Attorney General, the Administrator of the Drug Enforce9 ment Administration, the Administrator of the United 

10 States Agency for International Development, the Sec11 retary of Agriculture, and the head of any other depart12 ment or agency of the Government of the United States 

13 involved with activities relating to security and stability 

14 in Afghanistan. 

15 (c) MATTERS TO BE INCLUDED: STRATEGIC DIREC16 TION OF UNITED STATES ACTIVITIES RELATING TO SE17 CURITY AND STABILITY IN AFGHANISTAN.—The report 

18 required under subsection (a) shall include a description 

19 of a comprehensive strategy of the United States for secu20 rity and stability in Afghanistan. The description of such 

21 strategy shall consist of a general overview and a separate 

22 detailed section for each of the following: 

23 (1) NORTH ATLANTIC TREATY ORGANIZATION

24 INTERNATIONAL SECURITY ASSISTANCE FORCE.—A 

25 description of the following: 


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1 (A) Efforts of the United States to work 

2 with countries participating in the North Atlan3 tic Treaty Organization (NATO) International 

4 Security Assistance Force (ISAF) in Afghani5 stan (hereafter in this section referred to as 

6 ‘‘NATO ISAF countries’’). 

7 (B) Any actions by the United States to 

8 achieve the following goals relating to strength9 ening the NATO ISAF, and the results of such 

10 actions: 

11 (i) Encourage NATO ISAF countries 

12 to fulfill commitments to the NATO ISAF 

13 mission in Afghanistan, and ensure ade14 quate contributions to efforts to build the 

15 capacity of the Afghanistan National Secu16 rity Forces (ANSF), counter-narcotics ef17 forts, and reconstruction and development 

18 activities in Afghanistan. 

19 (ii) Remove national caveats on the 

20 use of forces deployed as part of the 

21 NATO ISAF. 

22 (iii) Reduce the number of civilian 

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1 gate the impact of such casualties on the 

2 Afghan people. 

3 (2) AFGHANISTAN NATIONAL SECURITY

4 FORCES.—A description of the following: 

5 (A) A comprehensive and effective long6 term strategy and budget, with defined objec7 tives, for activities relating to strengthening the 

8 resources, capabilities, and effectiveness of the 

9 Afghanistan National Army (ANA) and the Af10 ghanistan National Police (ANP) of the ANSF, 

11 with the goal of ensuring that a strong and 

12 fully-capable ANSF is able to independently 

13 and effectively conduct operations and maintain 

14 security and stability in Afghanistan. 

15 (B) Any actions by the United States to 

16 achieve the following goals relating to building 

17 the capacity of the ANSF, and the results of 

18 such actions: 

19 (i) Improve coordination with all rel20 evant departments and agencies of the 

21 Government of the United States, as well 

22 as NATO ISAF countries and other inter23 national partners. 


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1 (ii) Improve ANSF recruitment and 

2 retention, including through improved vet3 ting and salaries for the ANSF. 

4 (iii) Increase and improve ANSF 

5 training and mentoring. 

6 (iv) Strengthen the partnership be7 tween the Government of the United 

8 States and the Government of Afghani9 stan. 

10 (3) PROVINCIAL RECONSTRUCTION TEAMS AND

11 OTHER RECONSTRUCTION AND DEVELOPMENT AC12 TIVITIES.—A description of the following: 

13 (A) A comprehensive and effective long14 term strategy and budget, with defined objec15 tives, for reconstruction and development in Af16 ghanistan, including a long-term strategy with 

17 a mission and objectives for each United States18 led Provincial Reconstruction Team (PRT) in 

19 Afghanistan. 

20 (B) Any actions by the United States to 

21 achieve the following goals with respect to re22 construction and development in Afghanistan, 

23 and the results of such actions: 

24 (i) Improve coordination with all rel25 evant departments and agencies of the 


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1 Government of the United States, as well 

2 as NATO ISAF countries and other inter3 national partners. 

4 (ii) Clarify the chain of command, and 

5 operations plans for United States-led 

6 PRTs that are appropriate to meet the 

7 needs of the relevant local communities. 

8 (iii) Promote coordination among 

9 PRTs. 

10 (iv) Ensure that each PRT is ade11 quately staffed, particularly with civilian 

12 specialists, and that such staff receive ap13 propriate training. 

14 (v) Expand the ability of the Afghan 

15 people to assume greater responsibility for 

16 their own reconstruction and development 

17 projects. 

18 (vi) Strengthen the partnership be19 tween the Government of the United 

20 States and the Government of Afghani21 stan. 

22 (vii) Ensure proper reconstruction and 

23 development oversight activities, including 

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1 spectors general, including the Special In2 spector General for Afghanistan Recon3 struction appointed pursuant to section 

4 1229. 

5 (4) COUNTER-NARCOTICS ACTIVITIES.—A de6 scription of the following: 

7 (A) A comprehensive and effective long8 term strategy and budget, with defined objec9 tives, for the activities of the Department of 

10 Defense relating to counter-narcotics efforts in 

11 Afghanistan, including— 

12 (i) roles and missions of the Depart13 ment of Defense within the overall counter14 narcotics strategy for Afghanistan of the 

15 Government of the United States, includ16 ing a statement of priorities; 

17 (ii) a detailed, comprehensive, and ef18 fective strategy with defined one-year, 

19 three-year, and five-year objectives and a 

20 description of the accompanying allocation 

21 of resources of the Department of Defense 

22 to accomplish such objectives; 

23 (iii) in furtherance of the strategy de24 scribed in clause (i), actions that the DeVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 partment of Defense is taking and has 

2 planned to take to— 

3 (I) improve coordination within 

4 the Department of Defense and with 

5 all relevant departments and agencies 

6 of the Government of the United 

7 States; 

8 (II) strengthen significantly the 

9 Afghanistan National Counter-nar10 cotics Police; 

11 (III) build the capacity of local 

12 and provincial governments of Af13 ghanistan and the national Govern14 ment of Afghanistan to assume great15 er responsibility for counter-narcotics16 related activities, including interdic17 tion; and 

18 (IV) improve counter-narcotics19 related intelligence capabilities and 

20 tactical use of such capabilities by the 

21 Department of Defense and other ap22 propriate departments and agencies of 

23 the Government of the United States; 

24 and 


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1 (iv) the impact, if any, including the 

2 disadvantages and advantages, if any, on 

3 the primary counter-terrorism mission of 

4 the United States military of providing en5 hanced logistical support to departments 

6 and agencies of the Government of the 

7 United States and counter-narcotics part8 ners of the United States in their interdic9 tion efforts, including apprehending or 

10 eliminating major drug traffickers in Af11 ghanistan. 

12 (B) The counter-narcotics roles and mis13 sions assumed by the local and provincial gov14 ernments of Afghanistan and the national Gov15 ernment of Afghanistan, appropriate depart16 ments and agencies of the Government of the 

17 United States (other than the Department of 

18 Defense), the NATO ISAF, and the govern19 ments of other countries. 

20 (C) The plan and efforts to coordinate the 

21 counter-narcotics strategy and activities of the 

22 Department of Defense with the counter-nar23 cotics strategy and activities of the Government 

24 of Afghanistan, the NATO-led interdiction and 

25 security forces, other appropriate countries, and 


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1 other counter-narcotics partners of the United 

2 States, and the results of such efforts. 

3 (D) The progress made by the govern4 ments, organizations, and entities specified in 

5 subparagraph (B) in executing designated roles 

6 and missions, and in coordinating and imple7 menting counternarcotics plans and activities, 

8 and based on the results of this progress wheth9 er, and to what extent, roles and missions for 

10 the Department of Defense should be altered in 

11 the future, or should remain unaltered. 

12 (5) PUBLIC CORRUPTION AND RULE OF LAW.— 

13 A description of any actions, and the results of such 

14 actions, to help the Government of Afghanistan fight 

15 public corruption and strengthen governance and the 

16 rule of law at the local, provincial, and national lev17 els. 

18 (6) REGIONAL CONSIDERATIONS.—A descrip19 tion of any actions and the results of such actions 

20 to increase cooperation with countries geographically 

21 located around Afghanistan’s border, with a par22 ticular focus on improving security and stability in 

23 the Afghanistan-Pakistan border areas. 

24 (d) MATTERS TO BE INCLUDED: PERFORMANCE IN25 DICATORS AND MEASURES OF PROGRESS TOWARD SUSVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 TAINABLE LONG-TERM SECURITY AND STABILITY IN AF2 GHANISTAN.— 

3 (1) IN GENERAL.—The report required under 

4 subsection (a) shall set forth a comprehensive set of 

5 performance indicators and measures of progress to6 ward sustainable long-term security and stability in 

7 Afghanistan, as specified in paragraph (2), and shall 

8 include performance standards and progress goals, 

9 together with a notional timetable for achieving such 

10 goals. 

11 (2) PERFORMANCE INDICATORS AND MEASURES

12 OF PROGRESS SPECIFIED.—The performance indica13 tors and measures of progress specified in this para14 graph shall include, at a minimum, the following: 

15 (A) With respect to the NATO ISAF, an 

16 assessment of unfulfilled NATO ISAF mission 

17 requirements and contributions from individual 

18 NATO ISAF countries, including levels of 

19 troops and equipment, the effect of contribu20 tions on operations, and unfulfilled commit21 ments. 

22 (B) An assessment of military operations 

23 of the NATO ISAF, including of NATO ISAF 

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1 tary operations by United States forces. Such 

2 assessments shall include— 

3 (i) indicators of a stable security envi4 ronment in Afghanistan, such as number 

5 of engagements per day, and trends relat6 ing to the numbers and types of hostile en7 counters; and 

8 (ii) the effects of national caveats that 

9 limit operations, geographic location of op10 erations, and estimated number of civilian 

11 casualties. 

12 (C) For the Afghanistan National Army 

13 (ANA), and separately for the Afghanistan Na14 tional Police (ANP), of the Afghanistan Na15 tional Security Forces (ANSF) an assessment 

16 of the following: 

17 (i) Recruitment and retention num18 bers, rates of absenteeism, vetting proce19 dures, and salary scale. 

20 (ii) Numbers trained, numbers receiv21 ing mentoring, the type of training and 

22 mentoring, and number of trainers, men23 tors, and advisers needed to support the 

24 ANA and ANP and associated ministries. 

25 (iii) Type of equipment used. 


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1 (iv) Operational readiness status of 

2 ANSF units, including the type, number, 

3 size, and organizational structure of ANA 

4 and ANP units that are— 

5 (I) capable of conducting oper6 ations independently; 

7 (II) capable of conducting oper8 ations with the support of the United 

9 States, NATO ISAF forces, or other 

10 coalition forces; or 

11 (III) not ready to conduct oper12 ations. 

13 (v) Effectiveness of ANA and ANP 

14 officers and the ANA and ANP chain of 

15 command. 

16 (vi) Extent to which insurgents have 

17 infiltrated the ANA and ANP. 

18 (vii) Estimated number and capability 

19 level of the ANA and ANP needed to per20 form duties now undertaken by NATO 

21 ISAF countries, separate United States 

22 forces and other coalition forces, including 

23 defending the borders of Afghanistan and 

24 providing adequate levels of law and order 

25 throughout Afghanistan. 


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1 (D) An assessment of the estimated 

2 strength of the insurgency in Afghanistan and 

3 the extent to which it is composed of non-Af4 ghan fighters and utilizing weapons or weapons5 related materials from countries other than Af6 ghanistan. 

7 (E) A description of all terrorist and insur8 gent groups operating in Afghanistan, including 

9 the number, size, equipment strength, military 

10 effectiveness, sources of support, legal status, 

11 and any efforts to disarm or reintegrate each 

12 such group. 

13 (F) An assessment of security and sta14 bility, including terrorist and insurgent activity, 

15 in Afghanistan-Pakistan border areas and in 

16 Pakistan’s Federally Administered Tribal 

17 Areas. 

18 (G) An assessment of United States mili19 tary requirements, including planned force rota20 tions, for the twelve-month period following the 

21 date of the report required under subsection 

22 (a). 

23 (H) For reconstruction and development, 

24 an assessment of the following: 


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1 (i) The location, funding (including 

2 the sources of funding), staffing require3 ments, current staffing levels, and activi4 ties of each United States-led Provincial 

5 Reconstruction Team. 

6 (ii) Key indicators of economic activ7 ity that should be considered the most im8 portant for determining the prospects of 

9 stability in Afghanistan, including— 

10 (I) the indicators set forth in the 

11 Afghanistan Compact, which consist 

12 of roads, education, health, agri13 culture, and electricity; and 

14 (II) unemployment and poverty 

15 levels. 

16 (I) For counter-narcotics efforts, an as17 sessment of the activities of the Department of 

18 Defense in Afghanistan, as described in sub19 section (c)(4), and the effectiveness of such ac20 tivities. 

21 (J) Key measures of political stability re22 lating to both central and local Afghan govern23 ance. 

24 (K) For public corruption and rule of law, 

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1 forcement activities at the local, provincial, and 

2 national levels and the effectiveness of such ac3 tivities. 

4 (e) FORM.—The report required under subsection (a) 

5 shall be submitted in unclassified form, but may include 

6 a classified annex, if necessary. 

7 (f) CONGRESSIONAL BRIEFINGS.—The Secretary of 

8 Defense shall supplement the report required under sub9 section (a) with regular briefings to the appropriate con10 gressional committees on the subject matter of the report. 

11 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

12 DEFINED.—In this section, the term ‘‘appropriate con13 gressional committees’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Appropriations, and the Committee on 

16 Foreign Affairs of the House of Representatives; 

17 and 

18 (2) the Committee on Armed Services, the 

19 Committee on Appropriations, and the Committee on 

20 Foreign Relations of the Senate. 

21 SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AF22 GHANISTAN NATIONAL SECURITY FORCES. 

23 (a) PLAN REQUIRED.—Not later than 90 days after 

24 the date of the enactment of this Act, and annually there25 after through the end of fiscal year 2010, the Secretary 


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1 of Defense shall submit to the appropriate congressional 

2 committees a report on a long-term detailed plan for sus3 taining the Afghanistan National Army (ANA) and the 

4 Afghanistan National Police (ANP) of the Afghanistan 

5 National Security Forces (ANSF), with the objective of 

6 ensuring that a strong and fully-capable ANSF will be 

7 able to independently and effectively conduct operations 

8 and maintain long-term security and stability in Afghani9 stan. 

10 (b) COORDINATION.—The report required under sub11 section (a) shall be prepared in coordination with the Sec12 retary of State. 

13 (c) MATTERS TO BE INCLUDED.—The report re14 quired under subsection (a) shall include a description of 

15 the following matters relating to the plan for sustaining 

16 the ANSF: 

17 (1) A comprehensive and effective long-term 

18 strategy and budget, with defined objectives. 

19 (2) A mechanism for tracking funding, equip20 ment, training, and services provided for the ANSF 

21 by the United States, countries participating in the 

22 North Atlantic Treaty Organization (NATO) Inter23 national Security Assistance Force (ISAF) in Af24 ghanistan (hereafter in this section referred to as 


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1 ‘‘NATO ISAF countries’’), and other coalition forces 

2 that are not part of the NATO ISAF. 

3 (3) Any actions to assist the Government of Af4 ghanistan achieve the following goals, and the re5 sults of such actions: 

6 (A) Build and sustain effective Afghan se7 curity institutions with fully-capable leadership 

8 and staff, including a reformed Ministry of In9 terior, a fully-established Ministry of Defense, 

10 and logistics, intelligence, medical, and recruit11 ing units (hereafter in this section referred to 

12 as ‘‘ANSF-sustaining institutions’’). 

13 (B) Train and equip fully-capable ANSF 

14 that are capable of conducting operations inde15 pendently and in sufficient numbers. 

16 (C) Establish strong ANSF-readiness as17 sessment tools and metrics. 

18 (D) Build and sustain strong, professional 

19 ANSF officers at the junior-, mid-, and senior20 levels. 

21 (E) Develop strong ANSF communication 

22 and control between central command and re23 gions, provinces, and districts. 

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1 tary training and education program, for all 

2 ANSF officials. 

3 (G) Establish effective merit-based salary, 

4 rank, promotion, and incentive structures for 

5 the ANSF. 

6 (H) Develop mechanisms for incorporating 

7 lessons learned and best practices into ANSF 

8 operations. 

9 (I) Establish an ANSF personnel account10 ability system with effective internal discipline 

11 procedures and mechanisms, and a system for 

12 addressing ANSF personnel complaints. 

13 (J) Ensure effective ANSF oversight 

14 mechanisms, including a strong record-keeping 

15 system to track ANSF equipment and per16 sonnel. 

17 (4) Coordination with all relevant departments 

18 and agencies of the Government of the United 

19 States, as well as NATO ISAF countries and other 

20 international partners, including on— 

21 (A) funding; 

22 (B) reform and establishment of ANSF23 sustaining institutions; and 

24 (C) efforts to ensure that progress on sus25 taining the ANSF is reinforced with progress in 


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1 other pillars of the Afghan security sector, par2 ticularly progress on building an effective judi3 ciary, curbing production and trafficking of il4 licit narcotics, and demobilizing, disarming, and 

5 reintegrating militia fighters. 

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

7 DEFINED.—In this section, the term ‘‘appropriate con8 gressional committees’’ means— 

9 (1) the Committee on Armed Services, the 

10 Committee on Appropriations, and the Committee on 

11 Foreign Affairs of the House of Representatives; 

12 and 

13 (2) the Committee on Armed Services, the 

14 Committee on Appropriations, and the Committee on 

15 Foreign Relations of the Senate. 

16 SEC. 1232. REPORT ON ENHANCING SECURITY AND STA17 BILITY IN THE REGION ALONG THE BORDER 

18 OF AFGHANISTAN AND PAKISTAN. 

19 (a) REPORT REQUIRED.— 

20 (1) IN GENERAL.—Not later than March 31, 

21 2008, the Secretary of Defense, in consultation with 

22 the Secretary of State, shall submit to the appro23 priate congressional committees a report on enhanc24 ing security and stability in the region along the bor25 der of Afghanistan and Pakistan. 


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1 (2) MATTERS TO BE INCLUDED.—The report 

2 required under paragraph (1) shall include the fol3 lowing: 

4 (A) A detailed description of the efforts by 

5 the Government of Pakistan to achieve the fol6 lowing objectives: 

7 (i) Eliminate safe havens for Taliban, 

8 Al Qaeda, and other violent extremist 

9 forces on the national territory of Paki10 stan. 

11 (ii) Prevent the movement of such 

12 forces across the border of Pakistan into 

13 Afghanistan to engage in insurgent or ter14 rorist activities. 

15 (B) An assessment of the Secretary of De16 fense as to whether Pakistan is making sub17 stantial and sustained efforts to achieve the ob18 jectives specified in subparagraph (A). 

19 (3) FORM.—The report required under para20 graph (1) shall be submitted in unclassified form, 

21 but may include a classified annex. 

22 (4) LIMITATION.— 

23 (A) IN GENERAL.—If the Secretary of De24 fense does not submit the report required under 

25 paragraph (1) by March 31, 2008, then after 


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1 such date the Government of Pakistan may not 

2 be reimbursed under the authority of any provi3 sion of law described in subparagraph (B) for 

4 logistical, military, or other support provided by 

5 Pakistan to the United States until the Sec6 retary submits to the appropriate congressional 

7 committees the report required by such para8 graph. 

9 (B) PROVISIONS OF LAW.—The provisions 

10 of law referred to in subparagraph (A) are the 

11 following: 

12 (i) Section 1233. 

13 (ii) Any other provision of law under 

14 which payments are authorized to reim15 burse key cooperating nations for 

16 logistical, military, or other support pro17 vided by that nation to or in connection 

18 with United States military operations. 

19 (5) APPROPRIATE CONGRESSIONAL COMMIT20 TEES DEFINED.—In this subsection, the term ‘‘ap21 propriate congressional committees’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on Appropriations, and the Com24 mittee on Foreign Affairs of the House of Rep25 resentatives; and 


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1 (B) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Com3 mittee on Foreign Relations of the Senate. 

4 (b) NOTIFICATION RELATING TO DEPARTMENT OF

5 DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.— 

6 (1) NOTIFICATION.— 

7 (A) IN GENERAL.—Not less than 15 days 

8 before making any reimbursement to the Gov9 ernment of Pakistan under the authority of any 

10 provision of law described in subparagraph (B) 

11 for logistical, military, or other support pro12 vided by Pakistan to the United States, the 

13 Secretary of Defense shall submit to the con14 gressional defense committees a written notifi15 cation that contains a detailed description of 

16 such logistical, military, or other support. 

17 (B) PROVISIONS OF LAW.—The provisions 

18 of law referred to in subparagraph (A) are the 

19 following: 

20 (i) Section 1233. 

21 (ii) Any other provision of law under 

22 which payments are authorized to reim23 burse key cooperating nations for 

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1 vided by that nation to or in connection 

2 with United States military operations. 

3 (2) MATTERS TO BE INCLUDED.—Each notifi4 cation required under paragraph (1) shall include an 

5 itemized description of the following support pro6 vided by Pakistan to the United States for which the 

7 United States will provide reimbursement: 

8 (A) Logistic support, supplies, and serv9 ices, as such term is defined in section 2350(1) 

10 of title 10, United States Code. 

11 (B) Military support. 

12 (C) Any other support or services. 

13 (3) FORM.—Each notification required under 

14 paragraph (1) shall be submitted in unclassified 

15 form, but may include a classified annex. 

16 (4) RELATIONSHIP TO OTHER NOTIFICATION

17 REQUIREMENTS.—Each notification required under 

18 paragraph (1) shall be in addition to any notification 

19 requirements under any provision of law described in 

20 subparagraph (B) of such paragraph. 

21 (5) EFFECTIVE DATE.—The requirement to 

22 submit notifications under paragraph (1) shall apply 

23 with respect to reimbursements to the Government 

24 of Pakistan for logistical, military, or other support 

25 provided by Pakistan to the United States during 


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1 the period beginning on February 1, 2008, and end2 ing on September 30, 2009. 

3 SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NA4 TIONS FOR SUPPORT PROVIDED TO UNITED 

5 STATES MILITARY OPERATIONS. 

6 (a) AUTHORITY.—From funds made available for the 

7 Department of Defense by section 1508 for operation and 

8 maintenance, Defense-wide activities, the Secretary of De9 fense may reimburse any key cooperating nation for 

10 logistical and military support provided by that nation to 

11 or in connection with United States military operations 

12 in Operation Iraqi Freedom or Operation Enduring Free13 dom. 

14 (b) AMOUNTS OF REIMBURSEMENT.— 

15 (1) IN GENERAL.—Reimbursement authorized 

16 by subsection (a) may be made in such amounts as 

17 the Secretary of Defense, with the concurrence of 

18 the Secretary of State and in consultation with the 

19 Director of the Office of Management and Budget, 

20 may determine, based on documentation determined 

21 by the Secretary of Defense to adequately account 

22 for the support provided. 

23 (2) STANDARDS.—Not later than 30 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Defense shall prescribe standards for determining 


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1 the kinds of logistical and military support to the 

2 United States that shall be considered reimbursable 

3 under the authority in subsection (a). Such stand4 ards may not take effect until 15 days after the date 

5 on which the Secretary submits to the congressional 

6 defense committees a report setting forth such 

7 standards. 

8 (c) LIMITATIONS.— 

9 (1) LIMITATION ON AMOUNT.—The total 

10 amount of reimbursements made under the authority 

11 in subsection (a) during fiscal year 2008 may not 

12 exceed $1,200,000,000. 

13 (2) PROHIBITION ON CONTRACTUAL OBLIGA14 TIONS TO MAKE PAYMENTS.—The Secretary of De15 fense may not enter into any contractual obligation 

16 to make a reimbursement under the authority in 

17 subsection (a). 

18 (d) NOTICE TO CONGRESS.—The Secretary of De19 fense shall— 

20 (1) notify the congressional defense committees 

21 not less than 15 days before making any reimburse22 ment under the authority in subsection (a); and 

23 (2) submit to the congressional defense commit24 tees on a quarterly basis a report on any reimburseVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ments made under the authority in subsection (a) 

2 during such quarter. 

3 SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES 

4 SUPPORTING OPERATIONS IN IRAQ AND AF5 GHANISTAN. 

6 (a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUP7 PORT.—Subject to the provisions of this section, amounts 

8 available to the Department of Defense for fiscal year 

9 2008 for operation and maintenance may be used to pro10 vide supplies, services, transportation (including airlift 

11 and sealift), and other logistical support to coalition forces 

12 supporting United States military and stabilization oper13 ations in Iraq and Afghanistan. 

14 (b) REQUIRED DETERMINATION.—The Secretary 

15 may provide logistical support under the authority in sub16 section (a) only if the Secretary determines that the coali17 tion forces to be provided the logistical support— 

18 (1) are essential to the success of a United 

19 States military or stabilization operation; and 

20 (2) would not be able to participate in such op21 eration without the provision of the logistical sup22 port. 

23 (c) COORDINATION WITH EXPORT CONTROL

24 LAWS.—Logistical support may be provided under the au25 thority in subsection (a) only in accordance with applicable 


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1 provisions of the Arms Export Control Act and other ex2 port control laws of the United States. 

3 (d) LIMITATION ON VALUE.—The total amount of 

4 logistical support provided under the authority in sub5 section (a) in fiscal year 2008 may not exceed 

6 $400,000,000. 

7 (e) QUARTERLY REPORTS.— 

8 (1) REPORTS REQUIRED.—Not later than 15 

9 days after the end of each fiscal-year quarter of fis10 cal year 2008, the Secretary shall submit to the con11 gressional defense committees a report on the provi12 sion of logistical support under the authority in sub13 section (a) during such fiscal-year quarter. 

14 (2) ELEMENTS.—Each report under paragraph 

15 (1) shall include, for the fiscal-year quarter covered 

16 by such report, the following: 

17 (A) Each nation provided logistical support 

18 under the authority in subsection (a). 

19 (B) For each such nation, a description of 

20 the type and value of logistical support so pro21 vided. 

22 Subtitle C—Iraq Refugee Crisis 

23 SEC. 1241. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Refugee Crisis in 

25 Iraq Act of 2007’’. 


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1 SEC. 1242. PROCESSING MECHANISMS. 

2 (a) IN GENERAL.—The Secretary of State, in con3 sultation with the Secretary of Homeland Security, shall 

4 establish or use existing refugee processing mechanisms 

5 in Iraq and in countries, where appropriate, in the region 

6 in which— 

7 (1) aliens described in section 1243 may apply 

8 and interview for admission to the United States as 

9 refugees; and 

10 (2) aliens described in section 1244(b) may 

11 apply and interview for admission to United States 

12 as special immigrants. 

13 (b) SUSPENSION.—If such is determined necessary, 

14 the Secretary of State, in consultation with the Secretary 

15 of Homeland Security, may suspend in-country processing 

16 under subsection (a) for a period not to exceed 90 days. 

17 Such suspension may be extended by the Secretary of 

18 State upon notification to the Committee on the Judiciary 

19 of the House of Representatives, the Committee on For20 eign Affairs of the House of Representatives, the Com21 mittee on the Judiciary of the Senate, and the Committee 

22 on Foreign Relations of the Senate. The Secretary of 

23 State shall submit to such committees a report outlining 

24 the basis of any such suspension and any extensions there25 of. 


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1 (c) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Secretary of State, in 

3 consultation with the Secretary of Homeland Security, 

4 shall submit to the committees specified in subsection (b) 

5 a report that— 

6 (1) describes the Secretary of State’s plans to 

7 establish the processing mechanisms required under 

8 subsection (a); 

9 (2) contains an assessment of in-country proc10 essing that makes use of videoconferencing; and 

11 (3) describes the Secretary of State’s diplomatic 

12 efforts to improve issuance of exit permits to Iraqis 

13 who have been provided special immigrant status 

14 under section 1244 and Iraqi refugees under section 

15 1243. 

16 SEC. 1243. UNITED STATES REFUGEE PROGRAM PROC17 ESSING PRIORITIES. 

18 (a) IN GENERAL.—Refugees of special humanitarian 

19 concern eligible for Priority 2 processing under the refugee 

20 resettlement priority system who may apply directly to the 

21 United States Admission Program shall include— 

22 (1) Iraqis who were or are employed by the 

23 United States Government, in Iraq; 


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1 (2) Iraqis who establish to the satisfaction of 

2 the Secretary of State that they are or were em3 ployed in Iraq by— 

4 (A) a media or nongovernmental organiza5 tion headquartered in the United States; or 

6 (B) an organization or entity closely asso7 ciated with the United States mission in Iraq 

8 that has received United States Government 

9 funding through an official and documented 

10 contract, award, grant, or cooperative agree11 ment; and 

12 (3) spouses, children, and parents whether or 

13 not accompanying or following to join, and sons, 

14 daughters, and siblings of aliens described in para15 graph (1), paragraph (2), or section 1244(b)(1); and 

16 (4) Iraqis who are members of a religious or 

17 minority community, have been identified by the 

18 Secretary of State, or the designee of the Secretary, 

19 as a persecuted group, and have close family mem20 bers (as described in section 201(b)(2)(A)(i) or 

21 203(a) of the Immigration and Nationality Act (8 

22 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United 

23 States. 

24 (b) IDENTIFICATION OF OTHER PERSECUTED

25 GROUPS.—The Secretary of State, or the designee of the 


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1 Secretary, is authorized to identify other Priority 2 groups 

2 of Iraqis, including vulnerable populations. 

3 (c) INELIGIBLE ORGANIZATIONS AND ENTITIES.— 

4 Organizations and entities described in subsection (a)(2) 

5 shall not include any that appear on the Department of 

6 the Treasury’s list of Specially Designated Nationals or 

7 any entity specifically excluded by the Secretary of Home8 land Security, after consultation with the Secretary of 

9 State and the heads of relevant elements of the intelligence 

10 community (as defined in section 3(4) of the National Se11 curity Act of 1947 (50 U.S.C. 401a(4)). 

12 (d) APPLICABILITY OF OTHER REQUIREMENTS.— 

13 Aliens under this section who qualify for Priority 2 proc14 essing under the refugee resettlement priority system shall 

15 satisfy the requirements of section 207 of the Immigration 

16 and Nationality Act (8 U.S.C. 1157) for admission to the 

17 United States. 

18 (e) NUMERICAL LIMITATIONS.—In determining the 

19 number of Iraqi refugees who should be resettled in the 

20 United States under paragraphs (2), (3), and (4) of sub21 section (a) and subsection (b) of section 207 of the Immi22 gration and Nationality Act (8 U.S.C. 1157), the Presi23 dent shall consult with the heads of nongovernmental or24 ganizations that have a presence in Iraq or experience in 

25 assessing the problems faced by Iraqi refugees. 


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1 (f) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No 

2 alien shall be denied the opportunity to apply for admis3 sion under this section solely because such alien qualifies 

4 as an immediate relative or is eligible for any other immi5 grant classification. 

6 SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN 

7 IRAQIS. 

8 (a) IN GENERAL.—Subject to subsection (c), the Sec9 retary of Homeland Security, or, notwithstanding any 

10 other provision of law, the Secretary of State in consulta11 tion with the Secretary of Homeland Security, may pro12 vide an alien described in subsection (b) with the status 

13 of a special immigrant under section 101(a)(27) of the Im14 migration and Nationality Act (8 U.S.C. 1101(a)(27)), if 

15 the alien— 

16 (1) or an agent acting on behalf of the alien, 

17 submits a petition for classification under section 

18 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); 

19 (2) is otherwise eligible to receive an immigrant 

20 visa; 

21 (3) is otherwise admissible to the United States 

22 for permanent residence (excluding the grounds for 

23 inadmissibility specified in section 212(a)(4) of such 

24 Act (8 U.S.C. 1182(a)(4)); and 


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1 (4) cleared a background check and appropriate 

2 screening, as determined by the Secretary of Home3 land Security. 

4 (b) ALIENS DESCRIBED.— 

5 (1) PRINCIPAL ALIENS.—An alien is described 

6 in this subsection if the alien— 

7 (A) is a citizen or national of Iraq; 

8 (B) was or is employed by or on behalf of 

9 the United States Government in Iraq, on or 

10 after March 20, 2003, for not less than one 

11 year; 

12 (C) provided faithful and valuable service 

13 to the United States Government, which is doc14 umented in a positive recommendation or eval15 uation, subject to paragraph (4), from the em16 ployee’s senior supervisor or the person cur17 rently occupying that position, or a more senior 

18 person, if the employee’s senior supervisor has 

19 left the employer or has left Iraq; and 

20 (D) has experienced or is experiencing an 

21 ongoing serious threat as a consequence of the 

22 alien’s employment by the United States Gov23 ernment. 

24 (2) SPOUSES AND CHILDREN.—An alien is de25 scribed in this subsection if the alien— 


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1 (A) is the spouse or child of a principal 

2 alien described in paragraph (1); and 

3 (B) is accompanying or following to join 

4 the principal alien in the United States. 

5 (3) TREATMENT OF SURVIVING SPOUSE OR

6 CHILD.—An alien is described in subsection (b) if 

7 the alien— 

8 (A) was the spouse or child of a principal 

9 alien described in paragraph (1) who had a pe10 tition for classification approved pursuant to 

11 this section or section 1059 of the National De12 fense Authorization Act for Fiscal Year 2006 

13 (Public Law 109–163; 8 U.S.C. 1101 note), 

14 which included the alien as an accompanying 

15 spouse or child; and 

16 (B) due to the death of the principal 

17 alien— 

18 (i) such petition was revoked or termi19 nated (or otherwise rendered null); and 

20 (ii) such petition would have been ap21 proved if the principal alien had survived. 

22 (4) APPROVAL BY CHIEF OF MISSION RE23 QUIRED.—A recommendation or evaluation required 

24 under paragraph (1)(C) shall be accompanied by ap25 proval from the Chief of Mission, or the designee of 


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1 the Chief of Mission, who shall conduct a risk as2 sessment of the alien and an independent review of 

3 records maintained by the United States Govern4 ment or hiring organization or entity to confirm em5 ployment and faithful and valuable service to the 

6 United States Government prior to approval of a pe7 tition under this section. 

8 (c) NUMERICAL LIMITATIONS.— 

9 (1) IN GENERAL.—The total number of prin10 cipal aliens who may be provided special immigrant 

11 status under this section may not exceed 5,000 per 

12 year for each of the five fiscal years beginning after 

13 the date of the enactment of this Act. 

14 (2) EXCLUSION FROM NUMERICAL LIMITA15 TIONS.—Aliens provided special immigrant status 

16 under this section shall not be counted against any 

17 numerical limitation under sections 201(d), 202(a), 

18 or 203(b)(4) of the Immigration and Nationality Act 

19 (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 

20 (3) CARRY FORWARD.— 

21 (A) FISCAL YEARS ONE THROUGH FOUR.— 

22 If the numerical limitation specified in para23 graph (1) is not reached during a given fiscal 

24 year referred to in such paragraph (with re25 spect to fiscal years one through four), the nuVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 merical limitation specified in such paragraph 

2 for the following fiscal year shall be increased 

3 by a number equal to the difference between— 

4 (i) the numerical limitation specified 

5 in paragraph (1) for the given fiscal year; 

6 and 

7 (ii) the number of principal aliens pro8 vided special immigrant status under this 

9 section during the given fiscal year. 

10 (B) FISCAL YEARS FIVE AND SIX.—If the 

11 numerical limitation specified in paragraph (1) 

12 is not reached in the fifth fiscal year beginning 

13 after the date of the enactment of this Act, the 

14 total number of principal aliens who may be 

15 provided special immigrant status under this 

16 section for the sixth fiscal year beginning after 

17 such date shall be equal to the difference be18 tween— 

19 (i) the numerical limitation specified 

20 in paragraph (1) for the fifth fiscal year; 

21 and 

22 (ii) the number of principal aliens pro23 vided such status under this section during 

24 the fifth fiscal year. 


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1 (d) VISA AND PASSPORT ISSUANCE AND FEES.—Nei2 ther the Secretary of State nor the Secretary of Homeland 

3 Security may charge an alien described in subsection (b) 

4 any fee in connection with an application for, or issuance 

5 of, a special immigrant visa. The Secretary of State shall 

6 make a reasonable effort to ensure that aliens described 

7 in this section who are issued special immigrant visas are 

8 provided with the appropriate series Iraqi passport nec9 essary to enter the United States. 

10 (e) PROTECTION OF ALIENS.—The Secretary of 

11 State, in consultation with the heads of other relevant 

12 Federal agencies, shall make a reasonable effort to provide 

13 an alien described in this section who is applying for a 

14 special immigrant visa with protection or the immediate 

15 removal from Iraq, if possible, of such alien if the Sec16 retary determines after consultation that such alien is in 

17 imminent danger. 

18 (f) ELIGIBILITY FOR ADMISSION UNDER OTHER

19 CLASSIFICATION.—No alien shall be denied the oppor20 tunity to apply for admission under this section solely be21 cause such alien qualifies as an immediate relative or is 

22 eligible for any other immigrant classification. 

23 (g) RESETTLEMENT SUPPORT.—Iraqi aliens granted 

24 special immigrant status described in section 101(a)(27) 

25 of the Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)(27)) shall be eligible for resettlement assistance, 

2 entitlement programs, and other benefits available to refu3 gees admitted under section 207 of such Act (8 U.S.C. 

4 1157) for a period not to exceed eight months. 

5 (h) RULE OF CONSTRUCTION.—Nothing in this sec6 tion may be construed to affect the authority of the Sec7 retary of Homeland Security under section 1059 of the 

8 National Defense Authorization Act for Fiscal Year 2006. 

9 SEC. 1245. SENIOR COORDINATOR FOR IRAQI REFUGEES 

10 AND INTERNALLY DISPLACED PERSONS. 

11 (a) DESIGNATION IN IRAQ.—The Secretary of State 

12 shall designate in the embassy of the United States in 

13 Baghdad, Iraq, a Senior Coordinator for Iraqi Refugees 

14 and Internally Displaced Persons (referred to in this sec15 tion as the ‘‘Senior Coordinator’’). 

16 (b) RESPONSIBILITIES.—The Senior Coordinator 

17 shall be responsible for the oversight of processing for the 

18 resettlement in the United States of refugees of special 

19 humanitarian concern, special immigrant visa programs in 

20 Iraq, and the development and implementation of other 

21 appropriate policies and programs concerning Iraqi refu22 gees and internally displaced persons. The Senior Coordi23 nator shall have the authority to refer persons to the 

24 United States refugee resettlement program. 


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1 (c) DESIGNATION OF ADDITIONAL SENIOR COORDI2 NATORS.—The Secretary of State shall designate in the 

3 embassies of the United States in Cairo, Egypt, Amman, 

4 Jordan, Damascus, Syria, and Beirut, Lebanon, a Senior 

5 Coordinator to oversee resettlement in the United States 

6 of refugees of special humanitarian concern in those coun7 tries to ensure their applications to the United States ref8 ugee resettlement program are processed in an orderly 

9 manner and without delay. 

10 SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS 

11 OF IRAQI REFUGEES. 

12 With respect to each country with a significant popu13 lation of Iraqi refugees, including Iraq, Jordan, Egypt, 

14 Syria, Turkey, and Lebanon, the Secretary of State 

15 shall— 

16 (1) as appropriate, consult with the appropriate 

17 government officials of such countries and other 

18 countries and the United Nations High Commis19 sioner for Refugees regarding resettlement of the 

20 most vulnerable members of such refugee popu21 lations; and 

22 (2) as appropriate, except where otherwise pro23 hibited by the laws of the United States, develop 

24 mechanisms in and provide assistance to countries 

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1 sure the well-being and safety of such populations in 

2 their host environments. 

3 SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION 

4 OF ASYLUM. 

5 An alien who applied for asylum or withholding of 

6 removal and whose claim was denied on or after March 

7 1, 2003, by an asylum officer or an immigration judge 

8 solely, or in part, on the basis of changed country condi9 tions may, notwithstanding any other provision of law, file 

10 a motion to reopen such claim in accordance with subpara11 graphs (A) and (B) of section 240(c)(7) of the Immigra12 tion and Nationality Act (8 U.S.C. 1229a(c)(7)) not later 

13 than six months after the date of the enactment of the 

14 Refugee Crisis in Iraq Act if the alien— 

15 (1) is a citizen or national of Iraq; and 

16 (2) has remained in the United States since the 

17 date of such denial. 

18 SEC. 1248. REPORTS. 

19 (a) SECRETARY OF HOMELAND SECURITY.—Not 

20 later than 120 days after the date of the enactment of 

21 this Act, the Secretary of Homeland Security shall submit 

22 to the Committee on the Judiciary of the House of Rep23 resentatives, the Committee on Foreign Affairs of the 

24 House of Representatives, the Committee on the Judiciary 

25 of the Senate, and the Committee on Foreign Relations 


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1 of the Senate a report containing plans to expedite the 

2 processing of Iraqi refugees for resettlement, including in3 formation relating to— 

4 (1) expediting the processing of Iraqi refugees 

5 for resettlement, including through temporary ex6 pansion of the Refugee Corps of United States Citi7 zenship and Immigration Services; 

8 (2) increasing the number of personnel of the 

9 Department of Homeland Security devoted to ref10 ugee processing in Iraq, Jordan, Egypt, Syria, Tur11 key, and Lebanon; 

12 (3) enhancing existing systems for conducting 

13 background and security checks of persons applying 

14 for special immigrant status and of persons consid15 ered Priority 2 refugees of special humanitarian con16 cern under the refugee resettlement priority system, 

17 which enhancements shall support immigration secu18 rity and provide for the orderly processing of such 

19 applications without delay; and 

20 (4) the projections of the Secretary, per country 

21 and per month, for the number of refugee interviews 

22 that will be conducted in fiscal year 2008 and fiscal 

23 year 2009. 

24 (b) PRESIDENT.—Not later than 120 days after the 

25 date of the enactment of this Act, and annually thereafter 


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1 through 2013, the President shall submit to Congress an 

2 unclassified report, with a classified annex if necessary, 

3 which includes— 

4 (1) an assessment of the financial, security, and 

5 personnel considerations and resources necessary to 

6 carry out the provisions of this subtitle; 

7 (2) the number of aliens described in section 

8 1243(a)(1); 

9 (3) the number of such aliens who have applied 

10 for special immigrant visas; 

11 (4) the date of such applications; and 

12 (5) in the case of applications pending for 

13 longer than six months, the reasons that such visas 

14 have not been expeditiously processed. 

15 (c) REPORT ON IRAQI CITIZENS AND NATIONALS EM16 PLOYED BY THE UNITED STATES GOVERNMENT OR FED17 ERAL CONTRACTORS IN IRAQ.— 

18 (1) IN GENERAL.—Not later than 120 days 

19 after the date of the enactment of this Act, the Sec20 retary of Defense, the Secretary of State, the Ad21 ministrator of the United States Agency for Inter22 national Development, the Secretary of the Treas23 ury, and the Secretary of Homeland Security shall— 

24 (A) review internal records and databases 

25 of their respective agencies for information that 


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1 can be used to verify employment of Iraqi na2 tionals by the United States Government; and 

3 (B) request from each prime contractor or 

4 grantee that has performed work in Iraq since 

5 March 20, 2003, under a contract, grant, or co6 operative agreement with their respective agen7 cies that is valued in excess of $25,000 infor8 mation that can be used to verify the employ9 ment of Iraqi nationals by such contractor or 

10 grantee. 

11 (2) INFORMATION REQUIRED.—To the extent 

12 data is available, the information referred to in 

13 paragraph (1) shall include the name and dates of 

14 employment of, biometric data for, and other data 

15 that can be used to verify the employment of each 

16 Iraqi citizen or national who has performed work in 

17 Iraq since March 20, 2003, under a contract, grant, 

18 or cooperative agreement with an executive agency. 

19 (3) EXECUTIVE AGENCY DEFINED.—In this 

20 subsection, the term ‘‘executive agency’’ has the 

21 meaning given the term in section 4(1) of the Office 

22 of Federal Procurement Policy Act (41 U.S.C. 

23 403(1)). 

24 (d) REPORT ON ESTABLISHMENT OF DATABASE.— 

25 Not later than 120 days after the date of the enactment 


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1 of this Act, the Secretary of Defense, in consultation with 

2 the Secretary of State, the Administrator of the United 

3 States Agency for International Development, the Sec4 retary of the Treasury, and the Secretary of Homeland 

5 Security, shall submit to Congress a report examining the 

6 options for establishing a unified, classified database of 

7 information related to contracts, grants, or cooperative 

8 agreements entered into by executive agencies for the per9 formance of work in Iraq since March 20, 2003, including 

10 the information described and collected under subsection 

11 (c), to be used by relevant Federal departments and agen12 cies to adjudicate refugee, asylum, special immigrant visa, 

13 and other immigration claims and applications. 

14 (e) NONCOMPLIANCE REPORT.—Not later than 180 

15 days after the date of the enactment of this Act, the Presi16 dent shall submit a report to Congress that describes— 

17 (1) the inability or unwillingness of any con18 tractor or grantee to provide the information re19 quested under subsection (c)(1)(B); and 

20 (2) the reasons for failing to provide such infor21 mation. 

22 SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this subtitle. 


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1 Subtitle D—Other Authorities and 

2 Limitations 

3 SEC. 1251. COOPERATIVE OPPORTUNITIES DOCUMENTS 

4 UNDER COOPERATIVE RESEARCH AND DE5 VELOPMENT AGREEMENTS WITH NATO OR6 GANIZATIONS AND OTHER ALLIED AND 

7 FRIENDLY FOREIGN COUNTRIES. 

8 Section 2350a(e) of title 10, United States Code, is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘(A)’’; 

12 (B) by striking ‘‘an arms cooperation op13 portunities document’’ and inserting ‘‘a cooper14 ative opportunities document before the first 

15 milestone or decision point’’; and 

16 (C) by striking subparagraph (B); and 

17 (2) in paragraph (2), by striking ‘‘An arms co18 operation opportunities document’’ and inserting ‘‘A 

19 cooperative opportunities document’’. 


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1 SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY 

2 AUTHORITY TO USE ACQUISITION AND 

3 CROSS-SERVICING AGREEMENTS TO LEND 

4 MILITARY EQUIPMENT FOR PERSONNEL PRO5 TECTION AND SURVIVABILITY. 

6 (a) EXPANSION TO NATIONS ENGAGED IN CERTAIN

7 PEACEKEEPING OPERATIONS.—Subsection (a) of section 

8 1202 of the John Warner National Defense Authorization 

9 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

10 2412) is amended— 

11 (1) in paragraph (1), by inserting ‘‘or partici12 pating in combined operations with the United 

13 States as part of a peacekeeping operation under the 

14 Charter of the United Nations or another inter15 national agreement’’ after ‘‘Iraq or Afghanistan’’; 

16 and 

17 (2) in paragraph (3) by inserting ‘‘, or in a 

18 peacekeeping operation described in paragraph (1), 

19 as applicable,’’ after ‘‘Iraq or Afghanistan’’. 

20 (b) ONE-YEAR EXTENSION.—Subsection (e) of such 

21 section is amended by striking ‘‘September 30, 2008’’ and 

22 inserting ‘‘September 30, 2009’’. 

23 (c) CONFORMING AMENDMENT.—The heading of 

24 such section is amended by striking ‘‘FOREIGN FORCES

25 IN IRAQ AND AFGHANISTAN’’ and inserting ‘‘CERTAIN

26 FOREIGN FORCES’’. 


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1 SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERN2 MENT OF PALAU FOR COSTS OF UNITED 

3 STATES MILITARY CIVIC ACTION TEAM IN 

4 PALAU. 

5 Section 104(a) of Public Law 99–658 (48 U.S.C. 

6 1933(a)) is amended— 

7 (1) by striking ‘‘In recognition’’ and inserting 

8 ‘‘(1) In recognition’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) For expenditures that the Department of De11 fense makes pursuant to paragraph (1), the Secretary of 

12 Defense may accept up to the amount of $250,000 in an13 nual funds from the Government of Palau as specified in 

14 paragraph (1). Funds accepted by the Secretary from the 

15 Government of Palau under this paragraph shall be cred16 ited to and merged with appropriations available to the 

17 Department of Defense and shall be used to defray ex18 penditures attendant to the operation of the United States 

19 military Civic Action Team in Palau. Funds so credited 

20 and merged shall be available for the same time period 

21 as the appropriations to which the funds are credited and 

22 merged.’’. 

23 SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH 

24 KOREA. 

25 Section 1211 of the John Warner National Defense 

26 Authorization Act for Fiscal Year 2007 (Public Law 109– 


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1 364; 120 Stat. 2420) is amended by striking subsection 

2 (a). 

3 SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER 

4 LEADERS OF AL QAEDA. 

5 (a) ENHANCED REWARD FOR CAPTURE OF OSAMA

6 BIN LADEN.—Section 36(e)(1) of the State Department 

7 Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(1)) is 

8 amended by adding at the end the following new sentence: 

9 ‘‘The Secretary shall authorize a reward of $50,000,000 

10 for the capture or death or information leading to the cap11 ture or death of Osama bin Laden.’’. 

12 (b) STATUS OF EFFORTS TO BRING OSAMA BIN

13 LADEN AND OTHER LEADERS OF AL QAEDA TO JUS14 TICE.— 

15 (1) REPORT REQUIRED.—Not later than 90 

16 days after the date of the enactment of this Act, the 

17 Secretary of State and the Secretary of Defense 

18 shall, in coordination with the Director of National 

19 Intelligence, jointly submit to Congress a report on 

20 the progress made in bringing Osama bin Laden and 

21 other leaders of al Qaeda to justice. 

22 (2) ELEMENTS.—The report required under 

23 paragraph (1) shall include the following: 

24 (A) An assessment of the likely current lo25 cation of terrorist leaders, including Osama bin 


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1 Laden, Ayman al-Zawahiri, and other key lead2 ers of al Qaeda. 

3 (B) A description of ongoing efforts to 

4 bring to justice such terrorist leaders, particu5 larly those who have been directly implicated in 

6 attacks in the United States and its embassies. 

7 (C) An assessment of whether the govern8 ment of each country assessed as a likely loca9 tion of top leaders of al Qaeda has fully cooper10 ated in efforts to bring those leaders to justice. 

11 (D) A description of diplomatic efforts cur12 rently being made to improve the cooperation of 

13 the governments described in subparagraph (C). 

14 (E) A description of the current status of 

15 the top leadership of al Qaeda and the strategy 

16 for locating them and bringing them to justice. 

17 (F) An assessment of whether al Qaeda re18 mains the terrorist organization that poses the 

19 greatest threat to United States interests, in20 cluding the greatest threat to the territorial 

21 United States. 

22 (3) UPDATE OF REPORT.—Not later than one 

23 year after the submission of the report required 

24 under paragraph (1), the Secretary of State and the 

25 Secretary of Defense shall, in coordination with the 


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1 Director of National Intelligence, jointly submit to 

2 Congress an update of the report required under 

3 paragraph (1). 

4 (4) FORM.—The report required under para5 graph (1) and the update of the report required 

6 under paragraph (3) shall be submitted in unclassi7 fied form, but may contain a classified annex, if nec8 essary. 

9 SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PRO10 GRAM REVIEW COMMITTEE. 

11 (a) MEMBERS.—Section 1605 of the National De12 fense Authorization Act for Fiscal Year 1994 (22 U.S.C. 

13 2751 note) is amended in subsection (a)(1)— 

14 (1) in subparagraph (C) by striking ‘‘Director 

15 of Central Intelligence’’ and inserting ‘‘Director of 

16 National Intelligence’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(E) The Secretary of State. 

19 ‘‘(F) The Secretary of Homeland Secu20 rity.’’. 

21 (b) ACCESS TO INFORMATION.—Subsection (d) of 

22 such section is amended by inserting after ‘‘Department 

23 of Energy,’’ the following: ‘‘the Department of State, the 

24 Department of Homeland Security,’’. 


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1 (c) TERMINATION.—Subsection (f) of such section is 

2 amended by striking ‘‘2008’’ and inserting ‘‘2013’’. 

3 (d) SUBMISSION OF REPORT.—Section 1503 of the 

4 National Defense Authorization Act for Fiscal Year 1995 

5 (22 U.S.C. 2751 note) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘ANNUAL’’ and inserting 

8 ‘‘BIENNIAL’’; and 

9 (B) by striking ‘‘each year’’ and inserting 

10 ‘‘each odd-numbered year’’; and 

11 (2) in subsection (b)(5)— 

12 (A) by striking ‘‘fiscal year preceding’’ and 

13 inserting ‘‘two fiscal years preceding’’; and 

14 (B) by striking ‘‘preceding fiscal year’’ and 

15 inserting ‘‘preceding fiscal years’’. 

16 SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMI17 SPHERE INSTITUTE FOR SECURITY CO18 OPERATION. 

19 It is the sense of Congress that— 

20 (1) the education and training facility of the 

21 Department of Defense known as the Western 

22 Hemisphere Institute for Security Cooperation has 

23 the mission of providing professional education and 

24 training to eligible military personnel, law enforce25 ment officials, and civilians of nations of the WestVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ern Hemisphere that support the democratic prin2 ciples set forth in the Inter-American Democratic 

3 Charter of the Organization of American States, 

4 while fostering mutual knowledge, transparency, 

5 confidence, and cooperation among the participating 

6 nations and promoting democratic values and re7 spect for human rights; and 

8 (2) therefore, the Institute is an invaluable edu9 cation and training facility which the Department of 

10 Defense should continue to utilize in order to help 

11 foster a spirit of partnership and interoperability 

12 among the United States military and the militaries 

13 of participating nations. 

14 SEC. 1258. SENSE OF CONGRESS ON IRAN. 

15 It is the sense of Congress that— 

16 (1) the manner in which the United States 

17 transitions and structures its military presence in 

18 Iraq will have critical long-term consequences for the 

19 future of the Persian Gulf and the Middle East, in 

20 particular with regard to the ability of the Govern21 ment of Iran to pose a threat to the security of the 

22 region, the prospects for democracy for the people of 

23 the region, and the health of the global economy; 

24 (2) it is in the national interest of the United 

25 States that the Government of Iran should not use 


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1 extremists in Iraq to subvert or co-opt the institu2 tions of the legitimate Government of Iraq; 

3 (3) the United States should designate Iran’s 

4 Islamic Revolutionary Guards Corps as a foreign 

5 terrorist organization under section 219 of the Im6 migration and Nationality Act (8 U.S.C. 1189) and 

7 place the Islamic Revolutionary Guards Corps on the 

8 list of Specially Designated Global Terrorists, as es9 tablished under the International Emergency Eco10 nomic Powers Act (50 U.S.C. 1701 et seq.) and ini11 tiated under Executive Order 13224 (September 23, 

12 2001); and 

13 (4) the United States should act with all pos14 sible expediency to complete the listing of those enti15 ties targeted under United Nations Security Council 

16 Resolutions 1737 and 1747, adopted unanimously on 

17 December 23, 2006, and March 24, 2007, respec18 tively. 

19 Subtitle E—Reports 

20 SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT 

21 ON CLAIMS RELATING TO THE BOMBING OF 

22 THE LABELLE DISCOTHEQUE. 

23 Section 1225 of the National Defense Authorization 

24 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

25 3465) is amended— 


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1 (1) in subsection (b)(2)— 

2 (A) in the heading, by striking ‘‘UPDATE’’ 

3 and inserting ‘‘UPDATES’’; and 

4 (B) by inserting ‘‘and not later than two 

5 years after enactment of this Act,’’ after ‘‘Not 

6 later than one year after enactment of this 

7 Act,’’; and 

8 (2) in subsection (c), by striking ‘‘Committee on 

9 International Relations’’ and inserting ‘‘Committee 

10 on Foreign Affairs’’. 

11 SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD 

12 DARFUR, SUDAN. 

13 (a) REQUIREMENT FOR REPORT.— 

14 (1) IN GENERAL.—Not later than 120 days 

15 after the date of the enactment of this Act, the Sec16 retary of Defense and the Secretary of State shall 

17 jointly submit to the appropriate congressional com18 mittees a report on the policy of the United States 

19 to address the crisis in the Darfur region of Sudan, 

20 eastern Chad, and north-eastern Central African Re21 public, and on the contributions of the Department 

22 of Defense and the Department of State to the 

23 North Atlantic Treaty Organization (NATO), the 

24 United Nations, and the African Union in support of 


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1 the current African Union Mission in Sudan (AMIS) 

2 or any covered United Nations mission. 

3 (2) UPDATE OF REPORT.—Not later than 180 

4 days after the submission of the report required 

5 under paragraph (1), the Secretary of Defense and 

6 the Secretary of State shall jointly submit to the ap7 propriate congressional committees an update of the 

8 report. 

9 (b) ELEMENTS.—The report required under sub10 section (a) shall include the following: 

11 (1) An assessment of the extent to which the 

12 Government of Sudan is in compliance with its obli13 gations under international law and as a member of 

14 the United Nations, including under United Nations 

15 Security Council Resolutions 1591 (2005), 1706 

16 (2006), 1769 (2007), and 1784 (2007) and a de17 scription of any violations of such obligations, in18 cluding violations relating to the denial of or delay 

19 in facilitating access by AMIS and United Nations 

20 peacekeeping forces to conflict areas, failure to im21 plement responsibilities to demobilize and disarm the 

22 Janjaweed militias, obstruction of the voluntary safe 

23 return of internally displaced persons and refugees, 

24 and degradation of security of and access to humani25 tarian supply routes. 


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1 (2) An assessment of the role played by rebel 

2 forces in contributing to violence being carried out 

3 against civilians and humanitarian organizations and 

4 of the impact of such activities on international ef5 forts to create conditions of peace and security on 

6 the ground. 

7 (3) A comprehensive explanation of the policy 

8 of the United States to address the crisis in the 

9 Darfur region, including the activities undertaken by 

10 the Department of Defense and the Department of 

11 State in support of that policy. 

12 (4) A comprehensive assessment of the poten13 tial impact of a no-fly zone for the Darfur region, 

14 including an assessment of the impact of such a no15 fly zone on humanitarian efforts in Darfur and the 

16 region and a plan to minimize any negative impact 

17 on such humanitarian efforts during the implemen18 tation of such a no-fly zone. 

19 (5) A description of contributions made by the 

20 Department of Defense and the Department of State 

21 in support of NATO assistance to AMIS and any 

22 covered United Nations mission. 

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1 essary to meet its obligations to AMIS and any cov2 ered United Nations mission. 

3 (7) An assessment of the force size and com4 position of an international effort estimated to be 

5 necessary to provide protection to civilian popu6 lations currently displaced in the Darfur region, as 

7 well as the force size and composition of an inter8 national effort estimated to be necessary to provide 

9 broader stability within that region. 

10 (8) An examination of the current capacity of 

11 the existing airfield in Abeche, Chad, including the 

12 scope of its current use by the international commu13 nity in response to the crisis in the Darfur region. 

14 (9) An analysis of the upgrades, and their asso15 ciated costs, necessary to enable the airfield in 

16 Abeche, Chad, to be improved to be fully capable of 

17 accommodating a humanitarian, peacekeeping, or 

18 other force deployment of the size foreseen by 

19 United Nations Security Council Resolution 1769 

20 calling for a United Nations deployment to Chad 

21 and a hybrid force of the United Nations and Afri22 can Union operating under Chapter VII of the 

23 United Nations Charter for Sudan. 

24 (c) FORM AND AVAILABILITY OF REPORTS.— 


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1 (1) FORM.—The report and update of the re2 port required under subsection (a) shall be sub3 mitted in an unclassified form, but may include a 

4 classified annex. 

5 (2) AVAILABILITY.—The unclassified portion of 

6 the report and update of the report required under 

7 subsection (a) shall be made available to the public. 

8 (d) REPEAL OF SUPERSEDED REPORT REQUIRE9 MENT.—Section 1227 of the John Warner National De10 fense Authorization Act for Fiscal Year 2007 (Public Law 

11 109–364; 120 Stat. 2426) is repealed. 

12 (e) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means— 

16 (A) the Committee on Armed Services and 

17 the Committee on Foreign Relations of the Sen18 ate; and 

19 (B) the Committee on Armed Services and 

20 the Committee on Foreign Affairs of the House 

21 of Representatives. 

22 (2) COVERED UNITED NATIONS MISSION.—The 

23 term ‘‘covered United Nations mission’’ means any 

24 United Nations-African Union hybrid peacekeeping 

25 operation in the Darfur region of Sudan, and any 


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1 United Nations peacekeeping operation in the 

2 Darfur region, eastern Chad, or northern Central 

3 African Republic, that is deployed on or after the 

4 date of the enactment of this Act. 

5 SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC 

6 CAPABILITIES IN ANNUAL REPORT ON MILI7 TARY POWER OF THE PEOPLE’S REPUBLIC OF 

8 CHINA. 

9 Section 1202(b) of the National Defense Authoriza10 tion Act for Fiscal Year 2000 (Public Law 106–65; 10 

11 U.S.C. 113 note) is amended by adding at the end the 

12 following new paragraph: 

13 ‘‘(9) Developments in China’s asymmetric capa14 bilities, including efforts to acquire, develop, and de15 ploy cyberwarfare capabilities.’’. 

16 SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM 

17 CODE OF MILITARY JUSTICE TO CIVILIANS 

18 ACCOMPANYING THE ARMED FORCES DUR19 ING A TIME OF DECLARED WAR OR CONTIN20 GENCY OPERATION. 

21 (a) REPORT REQUIRED.—Not later than 60 days 

22 after the date of the enactment of this Act, the Secretary 

23 of Defense shall submit to the Committees on Armed Serv24 ices of the Senate and the House of Representatives a re25 port on the status of implementing paragraph (10) of secVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tion 802(a) of title 10, United States Code (article 2(a) 

2 of the Uniform Code of Military Justice), as amended by 

3 section 552 of the John Warner National Defense Author4 ization Act for Fiscal Year 2007 (Public Law 109–364), 

5 related to the application of chapter 47 of such title (the 

6 Uniform Code of Military Justice) to persons serving with 

7 or accompanying an armed force in the field during a time 

8 of declared war or contingency operation. 

9 (b) CONTENTS OF REPORT.—The report required by 

10 subsection (a) shall include each of the following: 

11 (1) A discussion of how the Secretary has re12 solved issues related to establishing jurisdiction 

13 under such chapter over persons referred to in para14 graph (10) of section 802(a) of title 10, United 

15 States Code (article 2(a) of the Uniform Code of 

16 Military Justice), specifically with respect to persons 

17 under contract with the Department of Defense or 

18 with other Federal agencies. 

19 (2) An identification of any outstanding issues 

20 that remain to be resolved with respect to imple21 menting such paragraph and a timetable for resolv22 ing such issues. 

23 (3) A description of key implementing steps 

24 that have been taken or remain to be taken to assert 


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1 jurisdiction under chapter 47 of such title over such 

2 persons. 

3 (4) An explanation of the Secretary’s approach 

4 to identifying factors that commanders should con5 sider in determining whether to seek prosecution of 

6 such a person under such chapter or under chapter 

7 212 of title 18, United States Code. 

8 SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN 

9 UNITED STATES CITIZENS AND THEIR REL10 ATIVES IN NORTH KOREA. 

11 (a) REPORT REQUIRED.—Not later than 180 days 

12 after the date of the enactment of this Act, the President 

13 shall transmit to Congress a report on family reunions be14 tween United States citizens and their relatives in the 

15 Democratic People’s Republic of Korea. 

16 (b) ELEMENTS.—The report under subsection (a) 

17 shall include the following: 

18 (1) A description of the efforts, if any, of the 

19 United States Government to facilitate family re20 unions between United States citizens and their rel21 atives in North Korea, including the following: 

22 (A) Discussing with North Korea family 

23 reunions between United States citizens and 

24 their relatives in North Korea. 


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1 (B) Planning, in the event of a normaliza2 tion of relations between the United States and 

3 North Korea, for the appropriate role of the 

4 United States embassy in Pyongyang, North 

5 Korea, in facilitating family reunions between 

6 United States citizens and their relatives in 

7 North Korea. 

8 (2) A description of additional efforts, if any, of 

9 the United States Government to facilitate family re10 unions between United States citizens and their rel11 atives in North Korea that the President considers 

12 to be desirable and feasible. 

13 SEC. 1266. REPORTS ON PREVENTION OF MASS ATROC14 ITIES. 

15 (a) DEPARTMENT OF STATE REPORT.— 

16 (1) REPORT REQUIRED.—Not later than 180 

17 days after the date of the enactment of this Act, the 

18 Secretary of State shall submit to the congressional 

19 defense committees, the Committee on Foreign Rela20 tions of the Senate, and the Committee on Foreign 

21 Affairs of the House of Representatives a report as22 sessing the capability of the Department of State to 

23 provide training and guidance to the command of an 

24 international intervention force that seeks to prevent 

25 mass atrocities. 


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1 (2) CONTENT.—The report required under 

2 paragraph (1) shall include the following: 

3 (A) An evaluation of any doctrine currently 

4 used by the Secretary of State to prepare for 

5 the training and guidance of the command of 

6 an international intervention force. 

7 (B) An assessment of the role played by 

8 the United States in developing the ‘‘responsi9 bility to protect’’ doctrine described in para10 graphs 138 through 140 of the outcome docu11 ment of the High-level Plenary Meeting of the 

12 General Assembly adopted by the United Na13 tions in September 2005, and an update on ac14 tions taken by the United States Mission to the 

15 United Nations to discuss, promote, and imple16 ment such doctrine. 

17 (C) An assessment of the potential capa18 bility of the Department of State and other 

19 Federal departments and agencies to support 

20 the development of new doctrines for the train21 ing and guidance of an international interven22 tion force in keeping with the ‘‘responsibility to 

23 protect’’ doctrine. 

24 (D) Recommendations as to the steps nec25 essary to allow the Secretary of State to provide 


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1 more effective training and guidance to an 

2 international intervention force. 

3 (b) DEPARTMENT OF DEFENSE REPORT.— 

4 (1) REPORT REQUIRED.—Not later than 180 

5 days after the date of the enactment of this Act, the 

6 Secretary of Defense shall submit to the congres7 sional defense committees, the Committee on For8 eign Relations of the Senate, and the Committee on 

9 Foreign Affairs of the House of Representatives a 

10 report assessing the capability of the Department of 

11 Defense to provide training and guidance to the 

12 command of an international intervention force that 

13 seeks to prevent mass atrocities. 

14 (2) CONTENT.—The report required under 

15 paragraph (1) shall include the following: 

16 (A) An evaluation of any doctrine currently 

17 used by the Secretary of Defense to prepare for 

18 the training and guidance of the command of 

19 an international intervention force. 

20 (B) An assessment of the potential capa21 bility of the Department of Defense and other 

22 Federal departments and agencies to support 

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1 tion force in keeping with the ‘‘responsibility to 

2 protect’’ doctrine. 

3 (C) Recommendations as to the steps nec4 essary to allow the Secretary of Defense to pro5 vide more effective training and guidance to an 

6 international intervention force. 

7 (D) A summary of any assessments or 

8 studies of the Department of Defense or other 

9 Federal departments or agencies relating to 

10 ‘‘Operation Artemis’’, the 2004 French military 

11 deployment and intervention in the eastern re12 gion of the Democratic Republic of Congo to 

13 protect civilians from local warring factions. 

14 (c) INTERNATIONAL INTERVENTION FORCE.—For 

15 the purposes of this section, ‘‘international intervention 

16 force’’ means a military force that— 

17 (1) is authorized by the United Nations; and 

18 (2) has a mission that is narrowly focused on 

19 the protection of civilian life and the prevention of 

20 mass atrocities such as genocide. 

21 SEC. 1267. REPORT ON THREATS TO THE UNITED STATES 

22 FROM UNGOVERNED AREAS. 

23 (a) REPORT REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the Secretary 

25 of Defense and the Secretary of State, in coordination 


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1 with the Director of National Intelligence, shall jointly 

2 submit to the specified congressional committees a report 

3 on the threats posed to the United States from ungoverned 

4 areas, including the threats to the United States from ter5 rorist groups and individuals located in such areas who 

6 direct their activities against the national security inter7 ests of the United States and its allies. 

8 (b) ELEMENTS.—The report required under sub9 section (a) shall include the following: 

10 (1) A description of those areas the United 

11 States Government considers ungoverned, includ12 ing— 

13 (A) a description of the geo-political and 

14 cultural influences exerted within such areas 

15 and by whom; 

16 (B) a description of the economic condi17 tions and prospects and the major social dy18 namics of such areas; and 

19 (C) a description of the United States Gov20 ernment’s relationships with entities located in 

21 such areas, including with relevant national or 

22 other governments and relevant tribal or other 

23 groups. 

24 (2) A description of the capabilities required by 

25 the United States Government to support United 


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1 States policy aimed at managing the threats de2 scribed in subsection (a), including, specifically, the 

3 technical, linguistic, and analytical capabilities re4 quired by the Department of Defense and the De5 partment of State. 

6 (3) An assessment of the extent to which the 

7 Department of Defense and the Department of State 

8 possess the capabilities described in paragraph (2) 

9 as well as the necessary resources and organization 

10 to support United States policy aimed at managing 

11 the threats described in subsection (a). 

12 (4) A description of the extent to which the im13 plementation of Department of Defense Directive 

14 3000.05, entitled ‘‘Military Support for Stability, 

15 Security, Transition, and Reconstruction Oper16 ations’’, will support United States policy for man17 aging such threats. 

18 (5) A description of the actions, if any, to be 

19 taken to improve the capabilities of the Department 

20 of Defense and the Department of State described in 

21 paragraph (2), and the schedule for implementing 

22 any actions so described. 

23 (c) FORM.—The report required under subsection (a) 

24 shall be submitted in unclassified form, to the maximum 


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1 extent practicable, but may contain a classified annex, if 

2 necessary. 

3 (d) DEFINITION.—In this section, the term ‘‘specified 

4 congressional committees’’ means— 

5 (1) the Committee on Armed Services, the 

6 Committee on Foreign Relations, and the Committee 

7 on Appropriations of the Senate; and 

8 (2) the Committee on Armed Services, the 

9 Committee on Foreign Affairs, and the Committee 

10 on Appropriations of the House of Representatives. 

11 TITLE XIII—COOPERATIVE 

12 THREAT REDUCTION WITH 

13 STATES OF THE FORMER SO14 VIET 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. 

15 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE16 DUCTION PROGRAMS AND FUNDS. 

17 (a) SPECIFICATION OF COOPERATIVE THREAT RE18 DUCTION PROGRAMS.—For purposes of section 301 and 

19 other provisions of this Act, Cooperative Threat Reduction 


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1 programs are the programs specified in section 1501(b) 

2 of the National Defense Authorization Act for Fiscal Year 

3 1997 (50 U.S.C. 2362 note), as amended by section 1303 

4 of this Act. 

5 (b) FISCAL YEAR 2008 COOPERATIVE THREAT RE6 DUCTION FUNDS DEFINED.—As used in this title, the 

7 term ‘‘fiscal year 2008 Cooperative Threat Reduction 

8 funds’’ means the funds appropriated pursuant to the au9 thorization of appropriations in section 301 for Coopera10 tive Threat Reduction programs. 

11 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

12 pursuant to the authorization of appropriations in section 

13 301 for Cooperative Threat Reduction programs shall be 

14 available for obligation for three fiscal years. 

15 SEC. 1302. FUNDING ALLOCATIONS. 

16 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

17 $428,048,000 authorized to be appropriated to the De18 partment of Defense for fiscal year 2008 in section 

19 301(19) for Cooperative Threat Reduction programs, the 

20 following amounts may be obligated for the purposes spec21 ified: 

22 (1) For strategic offensive arms elimination in 

23 Russia, $92,885,000. 

24 (2) For nuclear weapons storage security in 

25 Russia, $47,640,000. 


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1 (3) For nuclear weapons transportation security 

2 in Russia, $37,700,000. 

3 (4) For weapons of mass destruction prolifera4 tion prevention in the states of the former Soviet 

5 Union, $47,986,000. 

6 (5) For biological weapons proliferation preven7 tion in the former Soviet Union, $158,489,000. 

8 (6) For chemical weapons destruction, 

9 $6,000,000. 

10 (7) For defense and military contacts, 

11 $8,000,000. 

12 (8) For new Cooperative Threat Reduction ini13 tiatives that are outside the former Soviet Union, 

14 $10,000,000. 

15 (9) For activities designated as Other Assess16 ments/Administrative Support, $19,348,000. 

17 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

18 FUNDS FOR OTHER PURPOSES.—No fiscal year 2008 Co19 operative Threat Reduction funds may be obligated or ex20 pended for a purpose other than a purpose listed in para21 graphs (1) through (9) of subsection (a) until 30 days 

22 after the date that the Secretary of Defense submits to 

23 Congress a report on the purpose for which the funds will 

24 be obligated or expended and the amount of funds to be 

25 obligated or expended. Nothing in the preceding sentence 


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1 shall be construed as authorizing the obligation or expend2 iture of fiscal year 2008 Cooperative Threat Reduction 

3 funds for a purpose for which the obligation or expendi4 ture of such funds is specifically prohibited under this title 

5 or any other provision of law. 

6 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

7 AMOUNTS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), in 

9 any case in which the Secretary of Defense deter10 mines that it is necessary to do so in the national 

11 interest, the Secretary may obligate amounts appro12 priated for fiscal year 2008 for a purpose listed in 

13 paragraphs (1) through (9) of subsection (a) in ex14 cess of the specific amount authorized for that pur15 pose. 

16 (2) NOTICE-AND-WAIT REQUIRED.—An obliga17 tion of funds for a purpose stated in paragraphs (1) 

18 through (9) of subsection (a) in excess of the specific 

19 amount authorized for such purpose may be made 

20 using the authority provided in paragraph (1) only 

21 after— 

22 (A) the Secretary submits to Congress no23 tification of the intent to do so together with a 

24 complete discussion of the justification for 

25 doing so; and 


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1 (B) 15 days have elapsed following the 

2 date of the notification. 

3 SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS IN STATES OUTSIDE 

5 THE FORMER SOVIET UNION. 

6 Section 1501 of the National Defense Authorization 

7 Act for Fiscal Year 1997 (50 U.S.C. 2362 note) is amend8 ed— 

9 (1) in subsection (a), by striking ‘‘subsection 

10 (b)’’ and inserting ‘‘subsections (b) and (c)’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO

14 STATES OUTSIDE THE FORMER SOVIET UNION.—The 

15 programs referred to in subsection (a) are the following 

16 programs with respect to states that are not states of the 

17 former Soviet Union: 

18 ‘‘(1) Programs to facilitate the elimination, and 

19 the safe and secure transportation and storage, of 

20 chemical or biological weapons, weapons components, 

21 weapons-related materials, and their delivery vehi22 cles. 

23 ‘‘(2) Programs to facilitate safe and secure 

24 transportation and storage of nuclear weapons, 

25 weapons components, and their delivery vehicles. 


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1 ‘‘(3) Programs to prevent the proliferation of 

2 nuclear and chemical weapons, weapons components, 

3 and weapons-related military technology and exper4 tise. 

5 ‘‘(4) Programs to prevent the proliferation of 

6 biological weapons, weapons components, and weap7 ons-related military technology and expertise, which 

8 may include activities that facilitate detection and 

9 reporting of highly pathogenic diseases or other dis10 eases that are associated with or that could be uti11 lized as an early warning mechanism for disease out12 breaks that could impact the Armed Forces of the 

13 United States or allies of the United States. 

14 ‘‘(5) Programs to expand military-to-military 

15 and defense contacts.’’. 

16 SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO 

17 STATES OF THE FORMER SOVIET UNION FOR 

18 COOPERATIVE THREAT REDUCTION. 

19 (a) IN GENERAL.— 

20 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

21 OF 1991.—The Soviet Nuclear Threat Reduction Act 

22 of 1991 (title II of Public Law 102–228; 22 U.S.C. 

23 2551 note) is amended— 

24 (A) by striking section 211; and 


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1 (B) in section 212, by striking ‘‘, con2 sistent with the findings stated in section 

3 211,’’. 

4 (2) COOPERATIVE THREAT REDUCTION ACT OF

5 1993.—Section 1203 of the Cooperative Threat Re6 duction Act of 1993 (22 U.S.C. 5952) is amended 

7 by striking subsection (d). 

8 (3) RUSSIAN CHEMICAL WEAPONS DESTRUC9 TION FACILITIES.—Section 1305 of the National De10 fense Authorization Act for Fiscal Year 2000 (Pub11 lic Law 106–65; 22 U.S.C. 5952 note) is repealed. 

12 (4) CONFORMING REPEAL.—Section 1303 of 

13 the Ronald W. Reagan National Defense Authoriza14 tion Act for Fiscal Year 2005 (Public Law 108–375; 

15 22 U.S.C. 5952 note) is repealed. 

16 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

17 Section 502 of the Freedom for Russia and Emerging 

18 Eurasian Democracies and Open Markets Support Act of 

19 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

20 Threat Reduction program. 

21 SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPER22 ATIVE THREAT REDUCTION FUNDS OUTSIDE 

23 THE FORMER SOVIET UNION. 

24 Section 1308 of the National Defense Authorization 

25 Act for Fiscal Year 2004 (22 U.S.C. 5963) is amended— 


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1 (1) in subsection (a), by striking ‘‘Subject to’’ 

2 and all that follows through ‘‘the following:’’ and in3 serting ‘‘Subject to the provisions of this section, the 

4 Secretary of Defense may obligate and expend Coop5 erative Threat Reduction funds for a fiscal year, and 

6 any Cooperative Threat Reduction funds for a fiscal 

7 year before such fiscal year that remain available for 

8 obligation, for a proliferation threat reduction 

9 project or activity outside the states of the former 

10 Soviet Union if the Secretary of Defense, with the 

11 concurrence of the Secretary of State, determines 

12 each of the following:’’; 

13 (2) by striking subsection (c) and redesignating 

14 subsections (d) and (e) as (c) and (d), respectively; 

15 and 

16 (3) by amending subsection (c) (as so redesig17 nated) to read as follows: 

18 ‘‘(c) LIMITATION ON AVAILABILITY OF FUNDS.— 

19 ‘‘(1) The Secretary of Defense may not obligate 

20 funds for a project or activity under the authority in 

21 subsection (a) of this section until the Secretary of 

22 Defense, with the concurrence of the Secretary of 

23 State, makes each determination specified in that 

24 subsection with respect to such project or activity. 


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1 ‘‘(2) Not later than 10 days after obligating 

2 funds under the authority in subsection (a) of this 

3 section for a project or activity, the Secretary of De4 fense and the Secretary of State shall notify Con5 gress in writing of the determinations made under 

6 paragraph (1) with respect to such project or activ7 ity, together with— 

8 ‘‘(A) a justification for such determina9 tions; and 

10 ‘‘(B) a description of the scope and dura11 tion of such project or activity.’’. 

12 SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE 

13 THREAT REDUCTION PROGRAM. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) the Department of Defense Cooperative 

17 Threat Reduction (CTR) Program should be 

18 strengthened and expanded, in part by developing 

19 new CTR initiatives; 

20 (2) such new initiatives should— 

21 (A) be well-coordinated with the Depart22 ment of Energy, the Department of State, and 

23 any other relevant United States Government 

24 agency or department; 


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1 (B) include appropriate transparency and 

2 accountability mechanisms, and legal frame3 works and agreements between the United 

4 States and CTR partner countries; 

5 (C) reflect engagement with non-govern6 mental experts on possible new options for the 

7 CTR Program; 

8 (D) include work with the Russian Federa9 tion and other countries to establish strong 

10 CTR partnerships that, among other things— 

11 (i) increase the role of scientists and 

12 government officials of CTR partner coun13 tries in designing CTR programs and 

14 projects; and 

15 (ii) increase financial contributions 

16 and additional commitments to CTR pro17 grams and projects from Russia and other 

18 partner countries, as appropriate, as evi19 dence that the programs and projects re20 flect national priorities and will be sustain21 able; 

22 (E) include broader international coopera23 tion and partnerships, and increased inter24 national contributions; 


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1 (F) incorporate a strong focus on national 

2 programs and sustainability, which includes ac3 tions to address concerns raised and rec4 ommendations made by the Government Ac5 countability Office, in its report of February 

6 2007 titled ‘‘Progress Made in Improving Secu7 rity at Russian Nuclear Sites, but the Long8 Term Sustainability of U.S. Funded Security 

9 Upgrades is Uncertain’’, which pertain to the 

10 Department of Defense; 

11 (G) continue to focus on the development 

12 of CTR programs and projects that secure nu13 clear weapons; secure and eliminate chemical 

14 and biological weapons and weapons-related 

15 materials; and eliminate nuclear, chemical, and 

16 biological weapons-related delivery vehicles and 

17 infrastructure at the source; and 

18 (H) include efforts to develop new CTR 

19 programs and projects in Russia and the former 

20 Soviet Union, and in countries and regions out21 side the former Soviet Union, as appropriate 

22 and in the interest of United States national se23 curity; and 

24 (3) such new initiatives could include— 


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1 (A) programs and projects in Asia and the 

2 Middle East; and 

3 (B) activities relating to the 

4 denuclearization of the Democratic People’s Re5 public of Korea. 

6 (b) NATIONAL ACADEMY OF SCIENCES STUDY.— 

7 (1) STUDY.—Not later than 60 days after the 

8 date of the enactment of this Act, the Secretary of 

9 Defense shall enter into an arrangement with the 

10 National Academy of Sciences under which the 

11 Academy shall carry out a study to analyze options 

12 for strengthening and expanding the CTR Program. 

13 (2) MATTERS TO BE INCLUDED IN STUDY.— 

14 The Secretary shall provide for the study under 

15 paragraph (1) to include— 

16 (A) an assessment of new CTR initiatives 

17 described in subsection (a); and 

18 (B) an identification of options and rec19 ommendations for strengthening and expanding 

20 the CTR Program. 

21 (3) SUBMISSION OF NATIONAL ACADEMY OF

22 SCIENCES REPORT.—The National Academy of 

23 Sciences shall submit to Congress a report on the 

24 study under this subsection at the same time that 


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1 such report is submitted to the Secretary of Defense 

2 pursuant to subsection (c). 

3 (c) SECRETARY OF DEFENSE REPORT.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 receipt of the report under subsection (b), the Sec6 retary of Defense shall submit to Congress a report 

7 on new CTR initiatives. The report shall include— 

8 (A) a summary of the results of the study 

9 carried out under subsection (b); 

10 (B) an assessment by the Secretary of the 

11 study; and 

12 (C) a statement of the actions, if any, to 

13 be undertaken by the Secretary to implement 

14 any recommendations in the study. 

15 (2) FORM.—The report shall be in unclassified 

16 form but may include a classified annex if necessary. 

17 (d) FUNDING.—Of the amounts appropriated pursu18 ant to the authorization of appropriations in section 

19 301(19) or otherwise made available for Cooperative 

20 Threat Reduction programs for fiscal year 2008, not more 

21 than $1,000,000 shall be obligated or expended to carry 

22 out this section. 


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1 SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DE2 STRUCTION AT SHCHUCH’YE, RUSSIA. 

3 (a) DEFINITION.—In this section, the terms 

4 ‘‘Shchuch’ye project’’ and ‘‘project’’ mean the Cooperative 

5 Threat Reduction Program chemical weapons destruction 

6 project located in the area of Shchuch’ye in the Russian 

7 Federation. 

8 (b) REPORT REQUIRED.—Not later than 90 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Defense shall submit to the congressional defense com11 mittees a report on the Shchuch’ye project. The report 

12 shall include— 

13 (1) a current and detailed cost estimate for 

14 completion of the project, to include costs that will 

15 be borne by the United States and Russia, respec16 tively; and 

17 (2) a specific strategic and operating plan for 

18 completion of the project, which includes— 

19 (A) the Department’s plans to ensure ro20 bust project management and oversight, includ21 ing management and oversight with respect to 

22 the performance of any contractors; 

23 (B) project quality assurance and sustain24 ability measures; 

25 (C) metrics for measuring project progress 

26 with a timetable for achieving goals, including 


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1 initial systems integration and start-up testing; 

2 and 

3 (D) a projected project completion date. 

4 SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF 

5 PREVENTION OF PROLIFERATION OF BIO6 LOGICAL WEAPONS. 

7 (a) STUDY REQUIRED.—Not later than 60 days after 

8 the date of the enactment of this Act, the Secretary of 

9 Defense shall enter into an arrangement with the National 

10 Academy of Sciences under which the Academy shall carry 

11 out a study to identify areas for cooperation with states 

12 other than states of the former Soviet Union under the 

13 Cooperative Threat Reduction Program of the Depart14 ment of Defense in the prevention of proliferation of bio15 logical weapons. 

16 (b) MATTERS TO BE INCLUDED IN STUDY.—The 

17 Secretary shall provide for the study under subsection (a) 

18 to include the following: 

19 (1) An assessment of the capabilities and ca20 pacity of governments of developing countries to 

21 control the containment and use of dual-use tech22 nologies of potential interest to terrorist organiza23 tions or individuals with hostile intentions. 

24 (2) An assessment of the approaches to cooper25 ative threat reduction used by the states of the 


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1 former Soviet Union that are of special relevance in 

2 preventing the proliferation of biological weapons in 

3 other areas of the world. 

4 (3) A brief review of programs of the United 

5 States Government and other governments, inter6 national organizations, foundations, and other pri7 vate sector entities that may contribute to the pre8 vention of the proliferation of biological weapons. 

9 (4) Recommendations on steps for integrating 

10 activities of the Cooperative Threat Reduction Pro11 gram relating to biological weapons proliferation pre12 vention with activities of other departments and 

13 agencies of the United States, as appropriate, in 

14 states outside of the former Soviet Union. 

15 (c) SUBMISSION OF NATIONAL ACADEMY OF

16 SCIENCES REPORT.—The National Academy of Sciences 

17 shall submit to Congress a report on the study under sub18 section (a) at the same time that such report is submitted 

19 to the Secretary of Defense pursuant to subsection (d). 

20 (d) SECRETARY OF DEFENSE REPORT.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 receipt of the report required by subsection (a), the 

23 Secretary shall submit to the Congress a report on 

24 the study carried out under subsection (a). 


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1 (2) MATTERS TO BE INCLUDED.—The report 

2 under paragraph (1) shall include the following: 

3 (A) A summary of the results of the study 

4 carried out under subsection (a). 

5 (B) An assessment by the Secretary of the 

6 study. 

7 (C) A statement of the actions, if any, to 

8 be undertaken by the Secretary to implement 

9 any recommendations in the study. 

10 (3) FORM.—The report under paragraph (1) 

11 shall be submitted in unclassified form, but may in12 clude a classified annex. 

13 (e) FUNDING.—Of the amounts appropriated pursu14 ant to the authorization of appropriations in section 

15 301(19) or otherwise made available for Cooperative 

16 Threat Reduction programs for fiscal year 2008, not more 

17 than $1,000,000 may be obligated or expended to carry 

18 out this section. 

19 TITLE XIV—OTHER 

20 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. 


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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. 

1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $102,446,000. 

10 (2) For the Defense Working Capital Fund, 

11 Defense Commissary, $1,250,300,000. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2008 for the National Defense Sealift Fund 

15 in the amount of $1,349,094,000. 

16 SEC. 1403. DEFENSE HEALTH PROGRAM. 

17 Funds are hereby authorized to be appropriated for 

18 the Department of Defense for fiscal year 2008 for ex19 penses, not otherwise provided for, for the Defense Health 

20 Program, in the amount of $23,080,384,000, of which— 


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1 (1) $22,583,641,000 is for Operation and 

2 Maintenance; 

3 (2) $134,482,000 is for Research, Development, 

4 Test, and Evaluation; and 

5 (3) $362,261,000 is for Procurement. 

6 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC7 TION, DEFENSE. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated for the Depart10 ment of Defense for fiscal year 2008 for expenses, not oth11 erwise provided for, for Chemical Agents and Munitions 

12 Destruction, Defense, in the amount of $1,512,724,000, 

13 of which— 

14 (1) $1,181,500,000 is for Operation and Main15 tenance; 

16 (2) $312,800,000 is for Research, Development, 

17 Test, and Evaluation; and 

18 (3) $18,424,000 is for Procurement. 

19 (b) USE.—Amounts authorized to be appropriated 

20 under subsection (a) are authorized for— 

21 (1) the destruction of lethal chemical agents 

22 and munitions in accordance with section 1412 of 

23 the Department of Defense Authorization Act, 1986 

24 (50 U.S.C. 1521); and 


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1 (2) the destruction of chemical warfare materiel 

2 of the United States that is not covered by section 

3 1412 of such Act. 

4 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for 

7 the Department of Defense for fiscal year 2008 for ex8 penses, not otherwise provided for, for Drug Interdiction 

9 and Counter-Drug Activities, Defense-wide, in the amount 

10 of $938,022,000. 

11 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

12 Funds are hereby authorized to be appropriated for 

13 the Department of Defense for fiscal year 2008 for ex14 penses, not otherwise provided for, for the Office of the 

15 Inspector General of the Department of Defense, in the 

16 amount of $225,995,000, of which— 

17 (1) $224,995,000 is for Operation and Mainte18 nance; and 

19 (2) $1,000,000 is for Procurement. 

20 Subtitle B—National Defense 

21 Stockpile 

22 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

23 STOCKPILE FUNDS. 

24 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis25 cal year 2008, the National Defense Stockpile Manager 


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1 may obligate up to $44,825,000 of the funds in the Na2 tional Defense Stockpile Transaction Fund established 

3 under subsection (a) of section 9 of the Strategic and Crit4 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

5 authorized uses of such funds under subsection (b)(2) of 

6 such section, including the disposal of hazardous materials 

7 that are environmentally sensitive. 

8 (b) ADDITIONAL OBLIGATIONS.—The National De9 fense Stockpile Manager may obligate amounts in excess 

10 of the amount specified in subsection (a) if the National 

11 Defense Stockpile Manager notifies Congress that extraor12 dinary or emergency conditions necessitate the additional 

13 obligations. The National Defense Stockpile Manager may 

14 make the additional obligations described in the notifica15 tion after the end of the 45-day period beginning on the 

16 date on which Congress receives the notification. 

17 (c) LIMITATIONS.—The authorities provided by this 

18 section shall be subject to such limitations as may be pro19 vided in appropriations Acts. 

20 SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

21 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

22 FROM THE NATIONAL DEFENSE STOCKPILE. 

23 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Sec24 tion 3402(b) of the National Defense Authorization Act 

25 for Fiscal Year 2000 (50 U.S.C. 98d note), as amended 


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1 by section 3302 of the National Defense Authorization Act 

2 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

3 1788) and section 3302 of the National Defense Author4 ization Act for Fiscal Year 2006 (Public Law 109–163; 

5 119 Stat. 3545), is amended by striking ‘‘$600,000,000 

6 before’’ in paragraph (5) and inserting ‘‘$710,000,000 

7 by’’. 

8 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec9 tion 3303(a) of the Strom Thurmond National Defense 

10 Authorization Act for Fiscal Year 1999 (Public Law 105– 

11 261; 50 U.S.C. 98d note), as amended by section 3302 

12 of the Ronald W. Reagan National Defense Authorization 

13 Act for Year 2005 (Public Law 108–375; 118 Stat. 2193), 

14 section 3302 of the National Defense Authorization Act 

15 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

16 3545), and section 3302(a) of the John Warner National 

17 Defense Authorization Act for Fiscal Year 2007 (Public 

18 Law 109–364; 120 Stat. 2513), is amended by striking 

19 ‘‘$1,016,000,000 by the end of fiscal year 2014’’ in para20 graph (7) and inserting ‘‘$1,066,000,000 by the end of 

21 fiscal year 2015’’. 

22 SEC. 1413. DISPOSAL OF FERROMANGANESE. 

23 (a) DISPOSAL AUTHORIZED.—The Secretary of De24 fense may dispose of up to 50,000 tons of ferromanganese 


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1 from the National Defense Stockpile during fiscal year 

2 2008. 

3 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS4 POSAL.— 

5 (1) IN GENERAL.—If the Secretary of Defense 

6 enters into a contract for the disposal of the total 

7 quantity of ferromanganese authorized for disposal 

8 by subsection (a) before September 30, 2008, the 

9 Secretary of Defense may dispose of up to an addi10 tional 25,000 tons of ferromanganese from the Na11 tional Defense Stockpile before that date. 

12 (2) ADDITIONAL AMOUNTS.—If the Secretary 

13 enters into a contract for the disposal of the total 

14 quantity of additional ferromanganese authorized for 

15 disposal by paragraph (1) before September 30, 

16 2008, the Secretary may dispose of up to an addi17 tional 25,000 tons of ferromanganese from the Na18 tional Defense Stockpile before that date. 

19 (c) CERTIFICATION.—The Secretary of Defense may 

20 dispose of ferromanganese under the authority of para21 graph (1) or (2) of subsection (b) only if the Secretary 

22 submits to the Committee on Armed Services of the Sen23 ate and the Committee on Armed Services of the House 

24 of Representatives, written certification that— 


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1 (1) the disposal of the additional 

2 ferromanganese from the National Defense Stockpile 

3 under such paragraph is in the interest of national 

4 defense; 

5 (2) the disposal of the additional 

6 ferromanganese under such paragraph will not cause 

7 disruption to the usual markets of producers and 

8 processors of ferromanganese in the United States; 

9 and 

10 (3) the disposal of the additional 

11 ferromanganese under such paragraph is consistent 

12 with the requirements and purpose of the National 

13 Defense Stockpile. 

14 (d) NATIONAL DEFENSE STOCKPILE DEFINED.—In 

15 this section, the term ‘‘National Defense Stockpile’’ means 

16 the stockpile provided for in section 4 of the Strategic and 

17 Critical Materials Stock Piling Act (50 U.S.C. 98c). 

18 SEC. 1414. DISPOSAL OF CHROME METAL. 

19 (a) DISPOSAL AUTHORIZED.—The Secretary of De20 fense may dispose of up to 500 short tons of chrome metal 

21 from the National Defense Stockpile during fiscal year 

22 2008. 

23 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS24 POSAL.— 


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1 (1) IN GENERAL.—If the Secretary of Defense 

2 completes the disposal of the total quantity of 

3 chrome metal authorized for disposal by subsection 

4 (a) before September 30, 2008, the Secretary of De5 fense may dispose of up to an additional 250 short 

6 tons of chrome metal from the National Defense 

7 Stockpile before that date. 

8 (2) ADDITIONAL AMOUNTS.—If the Secretary 

9 completes the disposal of the total quantity of addi10 tional chrome metal authorized for disposal by para11 graph (1) before September 30, 2008, the Secretary 

12 may dispose of up to an additional 250 short tons 

13 of chrome metal from the National Defense Stock14 pile before that date. 

15 (c) CERTIFICATION.—The Secretary of Defense may 

16 dispose of chrome metal under the authority of paragraph 

17 (1) or (2) of subsection (b) only if the Secretary submits 

18 to the Committee on Armed Services of the Senate and 

19 the Committee on Armed Services of the House of Rep20 resentatives, not later than 30 days before the commence21 ment of disposal under the applicable paragraph, written 

22 certification that— 

23 (1) the disposal of the additional chrome metal 

24 from the National Defense Stockpile is in the inter25 est of national defense; 


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1 (2) the disposal of the additional chrome metal 

2 will not cause disruption to the usual markets of 

3 producers and processors of chrome metal in the 

4 United States; and 

5 (3) the disposal of the additional chrome metal 

6 is consistent with the requirements and purpose of 

7 the National Defense Stockpile. 

8 (d) NATIONAL DEFENSE STOCKPILE DEFINED.—In 

9 this section, the term ‘‘National Defense Stockpile’’ means 

10 the stockpile provided for in section 4 of the Strategic and 

11 Critical Materials Stock Piling Act (50 U.S.C. 98c). 

12 Subtitle C—Armed Forces 

13 Retirement Home 

14 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

15 ARMED FORCES RETIREMENT HOME. 

16 There is authorized to be appropriated for fiscal year 

17 2008 from the Armed Forces Retirement Home Trust 

18 Fund the sum of $61,624,000 for the operation of the 

19 Armed Forces Retirement Home. 

20 SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE 

21 ARMED FORCES RETIREMENT HOME. 

22 (a) ROLE OF SECRETARY OF DEFENSE.—Section 

23 1511 of the Armed Forces Retirement Home Act of 1991 

24 (24 U.S.C. 411) is amended— 


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1 (1) in subsection (d), by adding at the end the 

2 following new paragraph: 

3 ‘‘(3) The administration of the Retirement Home (in4 cluding administration for the provision of health care and 

5 medical care for residents) shall remain under the direct 

6 authority, control, and administration of the Secretary of 

7 Defense.’’; and 

8 (2) in subsection (h), by adding at the end the 

9 following new sentence: ‘‘The annual report shall in10 clude an assessment of all aspects of each facility of 

11 the Retirement Home, including the quality of care 

12 at the facility.’’. 

13 (b) ACCREDITATION.—Subsection (g) of section 1511 

14 of the Armed Forces Retirement Home Act of 1991 (24 

15 U.S.C. 411) is amended to read as follows: 

16 ‘‘(g) ACCREDITATION.—The Chief Operating Officer 

17 shall secure and maintain accreditation by a nationally 

18 recognized civilian accrediting organization for each aspect 

19 of each facility of the Retirement Home, including medical 

20 and dental care, pharmacy, independent living, and as21 sisted living and nursing care.’’. 

22 (c) SPECTRUM OF CARE.—Section 1513(b) of the 

23 Armed Forces Retirement Home Act of 1991 (24 U.S.C. 

24 413(b)) is amended by inserting after the first sentence 

25 the following new sentence: ‘‘The services provided resiVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 dents of the Retirement Home shall include appropriate 

2 nonacute medical and dental services, pharmaceutical 

3 services, and transportation of residents, which shall be 

4 provided at no cost to residents.’’. 

5 (d) SENIOR MEDICAL ADVISOR FOR RETIREMENT

6 HOME.— 

7 (1) DESIGNATION AND DUTIES OF SENIOR

8 MEDICAL ADVISOR.—The Armed Forces Retirement 

9 Home Act of 1991 is amended by inserting after 

10 section 1513 (24 U.S.C. 413) the following new sec11 tion: 

12 ‘‘SEC. 1513A. IMPROVED HEALTH CARE 

13 OVERSIGHT OF RETIREMENT HOME. 

14 ‘‘(a) DESIGNATION OF SENIOR MEDICAL ADVISOR.— 

15 (1) The Secretary of Defense shall designate the Deputy 

16 Director of the TRICARE Management Activity to serve 

17 as the Senior Medical Advisor for the Retirement Home. 

18 ‘‘(2) The Deputy Director of the TRICARE Manage19 ment Activity shall serve as Senior Medical Advisor for 

20 the Retirement Home in addition to performing all other 

21 duties and responsibilities assigned to the Deputy Director 

22 of the TRICARE Management Activity at the time of the 

23 designation under paragraph (1) or afterward. 

24 ‘‘(b) RESPONSIBILITIES.—(1) The Senior Medical 

25 Advisor shall provide advice to the Secretary of Defense, 


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1 the Under Secretary of Defense for Personnel and Readi2 ness, and the Chief Operating Officer regarding the direc3 tion and oversight of the provision of medical, preventive 

4 mental health, and dental care services at each facility of 

5 the Retirement Home. 

6 ‘‘(2) The Senior Medical Advisor shall also provide 

7 advice to the Local Board for a facility of the Retirement 

8 Home regarding all medical and medical administrative 

9 matters of the facility. 

10 ‘‘(c) DUTIES.—In carrying out the responsibilities set 

11 forth in subsection (b), the Senior Medical Advisor shall 

12 perform the following duties: 

13 ‘‘(1) Ensure the timely availability to residents 

14 of the Retirement Home, at locations other than the 

15 Retirement Home, of such acute medical, mental 

16 health, and dental care as such resident may require 

17 that is not available at the applicable facility of the 

18 Retirement Home. 

19 ‘‘(2) Ensure compliance by the facilities of the 

20 Retirement Home with accreditation standards, ap21 plicable health care standards of the Department of 

22 Veterans Affairs, or any other applicable health care 

23 standards and requirements (including requirements 

24 identified in applicable reports of the Inspector Gen25 eral of the Department of Defense). 


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1 ‘‘(3) Periodically visit and inspect the medical 

2 facilities and medical operations of each facility of 

3 the Retirement Home. 

4 ‘‘(4) Periodically examine and audit the medical 

5 records and administration of the Retirement Home. 

6 ‘‘(5) Consult with the Local Board for each fa7 cility of the Retirement Home not less frequently 

8 than once each year. 

9 ‘‘(d) ADVISORY BODIES.—In carrying out the respon10 sibilities set forth in subsection (b) and the duties set forth 

11 in subsection (c), the Senior Medical Advisor may estab12 lish and seek the advice of such advisory bodies as the 

13 Senior Medical Advisor considers appropriate.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in section 1501(b) of the Armed Forces Retire16 ment Home Act of 1991 (24 U.S.C. 401 note) is 

17 amended by inserting after the item relating to sec18 tion 1513 the following new item: 

‘‘1513A. Improved health care oversight of Retirement Home.’’. 

19 (e) LOCAL BOARDS OF TRUSTEES.— 

20 (1) DUTIES.—Subsection (b) of section 1516 of 

21 the Armed Forces Retirement Home Act of 1991 

22 (24 U.S.C. 416) is amended to read as follows: 

23 ‘‘(b) DUTIES.—(1) The Local Board for a facility 

24 shall serve in an advisory capacity to the Director of the 

25 facility and to the Chief Operating Officer. 


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1 ‘‘(2) The Local Board for a facility shall provide to 

2 the Chief Operating Officer and the Director of the facility 

3 such guidance and recommendations on the administra4 tion of the facility as the Local Board considers appro5 priate. 

6 ‘‘(3) Not less often than annually, the Local Board 

7 for a facility shall provide to the Under Secretary of De8 fense for Personnel and Readiness an assessment of all 

9 aspects of the facility, including the quality of care at the 

10 facility.’’. 

11 (2) COMPOSITION.—Subparagraph (K) of sub12 section (c) of such section is amended to read as fol13 lows: 

14 ‘‘(K) One senior representative of one of the 

15 chief personnel officers of the Armed Forces, who 

16 shall be a commissioned officer of the Armed Forces 

17 serving on active duty in the grade of brigadier gen18 eral, or in the case of the Navy or Coast Guard, rear 

19 admiral (lower half).’’. 

20 (f) INSPECTION OF RETIREMENT HOME.—Section 

21 1518 of the Armed Forces Retirement Home Act of 1991 

22 (24 U.S.C. 418) is amended to read as follows: 

23 ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. 

24 ‘‘(a) DUTY OF INSPECTOR GENERAL OF THE DE25 PARTMENT OF DEFENSE.—The Inspector General of the 


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1 Department of Defense shall have the duty to inspect the 

2 Retirement Home. 

3 ‘‘(b) INSPECTIONS BY INSPECTOR GENERAL.—(1) In 

4 any year in which a facility of the Retirement Home is 

5 not inspected by a nationally recognized civilian accred6 iting organization, the Inspector General of the Depart7 ment of Defense shall perform a comprehensive inspection 

8 of all aspects of that facility, including independent living, 

9 assisted living, medical and dental care, pharmacy, finan10 cial and contracting records, and any aspect of either facil11 ity on which the Local Board for the facility or the resi12 dent advisory committee or council of the facility rec13 ommends inspection. 

14 ‘‘(2) The Inspector General shall be assisted in in15 spections under this subsection by a medical inspector 

16 general of a military department designated for purposes 

17 of this subsection by the Secretary of Defense. 

18 ‘‘(3) In conducting the inspection of a facility of the 

19 Retirement Home under this subsection, the Inspector 

20 General shall solicit concerns, observations, and rec21 ommendations from the Local Board for the facility, the 

22 resident advisory committee or council of the facility, and 

23 the residents of the facility. Any concerns, observations, 

24 and recommendations solicited from residents shall be so25 licited on a not-for-attribution basis. 


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1 ‘‘(4) The Chief Operating Officer and the Director 

2 of each facility of the Retirement Home shall make all 

3 staff, other personnel, and records of each facility avail4 able to the Inspector General in a timely manner for pur5 poses of inspections under this subsection. 

6 ‘‘(c) REPORTS ON INSPECTIONS BY INSPECTOR GEN7 ERAL.—(1) The Inspector General shall prepare a report 

8 describing the results of each inspection conducted of a 

9 facility of the Retirement Home under subsection (b), and 

10 include in the report such recommendations as the Inspec11 tor General considers appropriate in light of the inspec12 tion. Not later than 45 days after completing the inspec13 tion of the facility, the Inspector General shall submit the 

14 report to Congress and the Secretary of Defense, the 

15 Under Secretary of Defense for Personnel and Readiness, 

16 the Chief Operating Officer, the Director of the facility, 

17 the Senior Medical Advisor, and the Local Board for the 

18 facility. 

19 ‘‘(2) Not later than 45 days after receiving a report 

20 of the Inspector General under paragraph (1), the Direc21 tor of the facility concerned shall submit to the Secretary 

22 of Defense, the Under Secretary of Defense for Personnel 

23 and Readiness, the Chief Operating Officer, and the Local 

24 Board for the facility, and to Congress, a plan to address 


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1 the recommendations and other matters set forth in the 

2 report. 

3 ‘‘(d) ADDITIONAL INSPECTIONS.—(1) The Chief Op4 erating Officer shall request the inspection of each facility 

5 of the Retirement Home by a nationally recognized civilian 

6 accrediting organization in accordance with section 

7 1511(g). 

8 ‘‘(2) The Chief Operating Officer and the Director 

9 of a facility being inspected under this subsection shall 

10 make all staff, other personnel, and records of the facility 

11 available to the civilian accrediting organization in a time12 ly manner for purposes of inspections under this sub13 section. 

14 ‘‘(e) REPORTS ON ADDITIONAL INSPECTIONS.—(1) 

15 Not later than 45 days after receiving a report of an in16 spection from the civilian accrediting organization under 

17 subsection (d), the Director of the facility concerned shall 

18 submit to the Under Secretary of Defense for Personnel 

19 and Readiness, the Chief Operating Officer, and the Local 

20 Board for the facility a report containing— 

21 ‘‘(A) the results of the inspection; and 

22 ‘‘(B) a plan to address any recommendations 

23 and other matters set forth in the report. 


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1 ‘‘(2) Not later than 45 days after receiving a report 

2 and plan under paragraph (1), the Secretary of Defense 

3 shall submit the report and plan to Congress.’’. 

4 (g) ARMED FORCES RETIREMENT HOME TRUST

5 FUND.—Section 1519 of the Armed Forces Retirement 

6 Home Act of 1991 (24 U.S.C. 419) is amended by adding 

7 at the end the following new subsection: 

8 ‘‘(d) REPORTING REQUIREMENTS.—The Chief Fi9 nancial Officer of the Armed Forces Retirement Home 

10 shall comply with the reporting requirements of sub11 chapter II of chapter 35 of title 31, United States Code.’’. 

12 TITLE XV—AUTHORIZATION OF 

13 ADDITIONAL APPROPRIA14 TIONS FOR OPERATION IRAQI 

15 FREEDOM AND OPERATION 

16 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. 

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. 


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1 SEC. 1501. PURPOSE. 

2 The purpose of this title is to authorize appropria3 tions for the Department of Defense for fiscal year 2008 

4 to provide additional funds for Operation Iraqi Freedom 

5 and Operation Enduring Freedom. 

6 SEC. 1502. ARMY PROCUREMENT. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2008 for procurement accounts for the Army 

9 in amounts as follows: 

10 (1) For aircraft procurement, $2,086,864,000. 

11 (2) For ammunition procurement, 

12 $513,600,000. 

13 (3) For weapons and tracked combat vehicles 

14 procurement, $7,289,697,000. 

15 (4) For missile procurement, $641,764,000. 

16 (5) For other procurement, $32,478,568,000. 

17 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2008 for procurement accounts for 

20 the Navy in amounts as follows: 

21 (1) For aircraft procurement, $3,908,458,000. 

22 (2) For weapons procurement, $318,281,000. 

23 (3) For other procurement, $1,870,597,000. 

24 (b) MARINE CORPS.—Funds are hereby authorized to 

25 be appropriated for fiscal year 2008 for the procurement 


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1 account for the Marine Corps in the amount of 

2 $5,519,740,000. 

3 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

4 are hereby authorized to be appropriated for fiscal year 

5 2008 for the procurement account for ammunition for the 

6 Navy and the Marine Corps in the amount of 

7 $609,890,000. 

8 SEC. 1504. AIR FORCE PROCUREMENT. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for procurement accounts for the Air 

11 Force in amounts as follows: 

12 (1) For aircraft procurement, $5,828,239,000. 

13 (2) For ammunition procurement, 

14 $104,405,000. 

15 (3) For missile procurement, $1,800,000. 

16 (4) For other procurement, $4,528,126,000. 

17 SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

18 FUND. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

20 are hereby authorized for fiscal year 2008 for the Joint 

21 Improvised Explosive Device Defeat Fund in the amount 

22 of $4,541,000,000. 

23 (b) USE AND TRANSFER OF FUNDS.—Subsections 

24 (b) and (c) of section 1514 of the John Warner National 

25 Defense Authorization Act for Fiscal Year 2007 (Public 


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1 Law 109–364; 120 Stat. 2439) shall apply to the funds 

2 appropriated pursuant to the authorization of appropria3 tions in subsection (a). 

4 (c) REVISION OF MANAGEMENT PLAN.—The Sec5 retary of Defense shall revise the management plan re6 quired by section 1514(d) of the John Warner National 

7 Defense Authorization Act for Fiscal Year 2007 to iden8 tify projected transfers and obligations through September 

9 30, 2008. 

10 (d) DURATION OF AUTHORITY.—Section 1514(f) of 

11 the John Warner National Defense Authorization Act for 

12 Fiscal Year 2007 is amended by striking ‘‘September 30, 

13 2009’’ and inserting ‘‘September 30, 2010’’. 

14 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2008 for the procurement account for Defense17 wide activities in the amount of $768,157,000. 

18 SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUA19 TION. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2008 for the use of the Department of Defense 

22 for research, development, test, and evaluation as follows: 

23 (1) For the Army, $183,299,000. 

24 (2) For the Navy, $695,996,000. 

25 (3) For the Air Force, $1,457,710,000. 


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1 (4) For Defense-wide activities, 

2 $1,320,088,000. 

3 SEC. 1508. OPERATION AND MAINTENANCE. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2008 for the use of the Armed Forces for ex6 penses, not otherwise provided for, for operation and 

7 maintenance, in amounts as follows: 

8 (1) For the Army, $54,929,551,000. 

9 (2) For the Navy, $6,249,793,000. 

10 (3) For the Marine Corps, $4,674,688,000. 

11 (4) For the Air Force, $10,798,473,000. 

12 (5) For Defense-wide activities, 

13 $6,424,085,000. 

14 (6) For the Army Reserve, $196,694,000. 

15 (7) For the Navy Reserve, $83,407,000. 

16 (8) For the Marine Corps Reserve, 

17 $68,193,000. 

18 (9) For the Army National Guard, 

19 $757,008,000. 

20 (10) For the Air Force Reserve, $24,266,000. 

21 (11) For the Air National Guard, 

22 $103,267,000. 

23 SEC. 1509. WORKING CAPITAL FUNDS. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2008 for the use of the Armed Forces and other 


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1 activities and agencies of the Department of Defense for 

2 providing capital for working capital and revolving funds 

3 in amounts as follows: 

4 (1) For the Defense Working Capital Funds, 

5 $1,957,675,000. 

6 (2) For the National Defense Sealift Fund, 

7 $5,110,000. 

8 SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

9 (a) DEFENSE HEALTH PROGRAM.—Funds are here10 by authorized to be appropriated for the Department of 

11 Defense for fiscal year 2008 for expenses, not otherwise 

12 provided for, for the Defense Health Program in the 

13 amount of $1,137,442,000 for operation and maintenance. 

14 (b) DRUG INTERDICTION AND COUNTER-DRUG AC15 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

16 to be appropriated for the Department of Defense for fis17 cal year 2008 for expenses, not otherwise provided for, for 

18 Drug Interdiction and Counter-Drug Activities, Defense19 wide in the amount of $257,618,000. 

20 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

21 hereby authorized to be appropriated for the Department 

22 of Defense for fiscal year 2008 for expenses, not otherwise 

23 provided for, for the Office of the Inspector General of 

24 the Department of Defense in the amount of $4,394,000 

25 for operation and maintenance. 


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1 SEC. 1511. IRAQ FREEDOM FUND. 

2 (a) IN GENERAL.—Funds are hereby authorized to 

3 be appropriated for fiscal year 2008 for the Iraq Freedom 

4 Fund in the amount of $207,500,000. 

5 (b) TRANSFER.— 

6 (1) TRANSFER AUTHORIZED.—Subject to para7 graph (2), amounts authorized to be appropriated by 

8 subsection (a) may be transferred from the Iraq 

9 Freedom Fund to any accounts as follows: 

10 (A) Operation and maintenance accounts 

11 of the Armed Forces. 

12 (B) Military personnel accounts. 

13 (C) Research, development, test, and eval14 uation accounts of the Department of Defense. 

15 (D) Procurement accounts of the Depart16 ment of Defense. 

17 (E) Accounts providing funding for classi18 fied programs. 

19 (F) The operating expenses account of the 

20 Coast Guard. 

21 (2) NOTICE TO CONGRESS.—A transfer may not 

22 be made under the authority in paragraph (1) until 

23 five days after the date on which the Secretary of 

24 Defense notifies the congressional defense commit25 tees in writing of the transfer. 


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1 (3) TREATMENT OF TRANSFERRED FUNDS.— 

2 Amounts transferred to an account under the au3 thority in paragraph (1) shall be merged with 

4 amounts in such account and shall be made available 

5 for the same purposes, and subject to the same con6 ditions and limitations, as amounts in such account. 

7 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

8 transfer of an amount to an account under the au9 thority in paragraph (1) shall be deemed to increase 

10 the amount authorized for such account by an 

11 amount equal to the amount transferred. 

12 SEC. 1512. IRAQ SECURITY FORCES FUND. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal year 

15 2008 for the Iraq Security Forces Fund in the amount 

16 of $3,000,000,000. 

17 (b) USE OF FUNDS.— 

18 (1) IN GENERAL.—Funds appropriated pursu19 ant to subsection (a) shall be available to the Sec20 retary of Defense for the purpose of allowing the 

21 Commander, Multi-National Security Transition 

22 Command–Iraq, to provide assistance to the security 

23 forces of Iraq. 

24 (2) TYPES OF ASSISTANCE AUTHORIZED.—As25 sistance provided under this section may include the 


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1 provision of equipment, supplies, services, training, 

2 facility and infrastructure repair, renovation, con3 struction, and funding. 

4 (3) SECRETARY OF STATE CONCURRENCE.—As5 sistance may be provided under this section only 

6 with the concurrence of the Secretary of State. 

7 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI8 TIES.—The authority to provide assistance under this sec9 tion is in addition to any other authority to provide assist10 ance to foreign nations. 

11 (d) TRANSFER AUTHORITY.— 

12 (1) TRANSFERS AUTHORIZED.—Subject to 

13 paragraph (2), amounts authorized to be appro14 priated by subsection (a) may be transferred from 

15 the Iraq Security Forces Fund to any of the fol16 lowing accounts and funds of the Department of De17 fense to accomplish the purposes provided in sub18 section (b): 

19 (A) Military personnel accounts. 

20 (B) Operation and maintenance accounts. 

21 (C) Procurement accounts. 

22 (D) Research, development, test, and eval23 uation accounts. 

24 (E) Defense working capital funds. 


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1 (F) Overseas Humanitarian, Disaster, and 

2 Civic Aid account. 

3 (2) ADDITIONAL AUTHORITY.—The transfer au4 thority provided by paragraph (1) is in addition to 

5 any other transfer authority available to the Depart6 ment of Defense. 

7 (3) TRANSFERS BACK TO THE FUND.—Upon 

8 determination that all or part of the funds trans9 ferred from the Iraq Security Forces Fund under 

10 paragraph (1) are not necessary for the purpose pro11 vided, such funds may be transferred back to the 

12 Iraq Security Forces Fund. 

13 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

14 transfer of an amount to an account under the au15 thority in paragraph (1) shall be deemed to increase 

16 the amount authorized for such account by an 

17 amount equal to the amount transferred. 

18 (e) NOTICE TO CONGRESS.—Funds may not be obli19 gated from the Iraq Security Forces Fund, or transferred 

20 under the authority provided in subsection (d)(1), until 

21 five days after the date on which the Secretary of Defense 

22 notifies the congressional defense committees in writing 

23 of the details of the proposed obligation or transfer. 

24 (f) CONTRIBUTIONS.— 


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1 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

2 Subject to paragraph (2), the Secretary of Defense 

3 may accept contributions of amounts to the Iraq Se4 curity Forces Fund for the purposes provided in 

5 subsection (b) from any person, foreign government, 

6 or international organization. Any amounts so ac7 cepted shall be credited to the Iraq Security Forces 

8 Fund. 

9 (2) LIMITATION.—The Secretary may not ac10 cept a contribution under this subsection if the ac11 ceptance of the contribution would compromise or 

12 appear to compromise the integrity of any program 

13 of the Department of Defense. 

14 (3) USE.—Amounts accepted under this sub15 section shall be available for assistance authorized 

16 by subsection (b), including transfer under sub17 section (d) for that purpose. 

18 (4) NOTIFICATION.—The Secretary shall notify 

19 the congressional defense committees, the Committee 

20 on Foreign Relations of the Senate, and the Com21 mittee on Foreign Affairs of the House of Rep22 resentatives, in writing, upon the acceptance, and 

23 upon the transfer under subsection (d), of any con24 tribution under this subsection. Such notice shall 


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1 specify the source and amount of any amount so ac2 cepted and the use of any amount so accepted. 

3 (g) QUARTERLY REPORTS.—Not later than 30 days 

4 after the end of each fiscal-year quarter, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report summarizing the details of any obligation 

7 or transfer of funds from the Iraq Security Forces Fund 

8 during such fiscal-year quarter. 

9 (h) DURATION OF AUTHORITY.—Amounts authorized 

10 to be appropriated or contributed to the Iraq Security 

11 Forces Fund during fiscal year 2008 are available for obli12 gation or transfer from the Iraq Security Forces Fund in 

13 accordance with this section until September 30, 2009. 

14 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal year 

17 2008 for the Afghanistan Security Forces Fund in the 

18 amount of $2,700,000,000. 

19 (b) USE OF FUNDS.— 

20 (1) IN GENERAL.—Funds authorized to be ap21 propriated by subsection (a) shall be available to the 

22 Secretary of Defense to provide assistance to the se23 curity forces of Afghanistan. 

24 (2) TYPES OF ASSISTANCE AUTHORIZED.—As25 sistance provided under this section may include the 


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1 provision of equipment, supplies, services, training, 

2 facility and infrastructure repair, renovation, con3 struction, and funds. 

4 (3) SECRETARY OF STATE CONCURRENCE.—As5 sistance may be provided under this section only 

6 with the concurrence of the Secretary of State. 

7 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI8 TIES.—The authority to provide assistance under this sec9 tion is in addition to any other authority to provide assist10 ance to foreign nations. 

11 (d) TRANSFER AUTHORITY.— 

12 (1) TRANSFERS AUTHORIZED.—Subject to 

13 paragraph (2), amounts authorized to be appro14 priated by subsection (a) may be transferred from 

15 the Afghanistan Security Forces Fund to any of the 

16 following accounts and funds of the Department of 

17 Defense to accomplish the purposes provided in sub18 section (b): 

19 (A) Military personnel accounts. 

20 (B) Operation and maintenance accounts. 

21 (C) Procurement accounts. 

22 (D) Research, development, test, and eval23 uation accounts. 

24 (E) Defense working capital funds. 


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1 (F) Overseas Humanitarian, Disaster, and 

2 Civic Aid. 

3 (2) ADDITIONAL AUTHORITY.—The transfer au4 thority provided by paragraph (1) is in addition to 

5 any other transfer authority available to the Depart6 ment of Defense. 

7 (3) TRANSFERS BACK TO FUND.—Upon a de8 termination that all or part of the funds transferred 

9 from the Afghanistan Security Forces Fund under 

10 paragraph (1) are not necessary for the purpose for 

11 which transferred, such funds may be transferred 

12 back to the Afghanistan Security Forces Fund. 

13 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

14 transfer of an amount to an account under the au15 thority in paragraph (1) shall be deemed to increase 

16 the amount authorized for such account by an 

17 amount equal to the amount transferred. 

18 (e) PRIOR NOTICE TO CONGRESS OF OBLIGATION OR

19 TRANSFER.—Funds may not be obligated from the Af20 ghanistan Security Forces Fund, or transferred under 

21 subsection (d)(1), until five days after the date on which 

22 the Secretary of Defense notifies the congressional defense 

23 committees in writing of the details of the proposed obliga24 tion or transfer. 

25 (f) CONTRIBUTIONS.— 


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1 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

2 Subject to paragraph (2), the Secretary of Defense 

3 may accept contributions of amounts to the Afghani4 stan Security Forces Fund for the purposes provided 

5 in subsection (b) from any person, foreign govern6 ment, or international organization. Any amounts so 

7 accepted shall be credited to the Afghanistan Secu8 rity Forces Fund. 

9 (2) LIMITATION.—The Secretary may not ac10 cept a contribution under this subsection if the ac11 ceptance of the contribution would compromise or 

12 appear to compromise the integrity of any program 

13 of the Department of Defense. 

14 (3) USE.—Amounts accepted under this sub15 section shall be available for assistance authorized 

16 by subsection (b), including transfer under sub17 section (d) for that purpose. 

18 (4) NOTIFICATION.—The Secretary shall notify 

19 the congressional defense committees, the Committee 

20 on Foreign Relations of the Senate, and the Com21 mittee on Foreign Affairs of the House of Rep22 resentatives, in writing, upon the acceptance, and 

23 upon the transfer under subsection (d), of any con24 tribution under this subsection. Such notice shall 


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1 specify the source and amount of any amount so ac2 cepted and the use of any amount so accepted. 

3 (g) QUARTERLY REPORTS.—Not later than 30 days 

4 after the end of each fiscal-year quarter, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report summarizing the details of any obligation 

7 or transfer of funds from the Afghanistan Security Forces 

8 Fund during such fiscal-year quarter. 

9 (h) DURATION OF AUTHORITY.—Amounts authorized 

10 to be appropriated or contributed to the Afghanistan Secu11 rity Forces Fund during fiscal year 2008 are available for 

12 obligation or transfer from the Afghanistan Security 

13 Forces Fund in accordance with this section until Sep14 tember 30, 2009. 

15 SEC. 1514. MILITARY PERSONNEL. 

16 There is hereby authorized to be appropriated to the 

17 Department of Defense for military personnel accounts for 

18 fiscal year 2008 a total of $17,912,510,000. 

19 SEC. 1515. STRATEGIC READINESS FUND. 

20 There is authorized to be appropriated 

21 $1,000,000,000 to the Strategic Readiness Fund. 

22 SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

23 The amounts authorized to be appropriated by this 

24 title are in addition to amounts otherwise authorized to 

25 be appropriated by this Act. 


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1 SEC. 1517. SPECIAL TRANSFER AUTHORITY. 

2 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

3 (1) AUTHORITY.—Upon determination by the 

4 Secretary of Defense that such action is necessary in 

5 the national interest, the Secretary may transfer 

6 amounts of authorizations made available to the De7 partment of Defense in this title for fiscal year 2008 

8 between any such authorizations for that fiscal year 

9 (or any subdivisions thereof). Amounts of authoriza10 tions so transferred shall be merged with and be 

11 available for the same purposes as the authorization 

12 to which transferred. 

13 (2) LIMITATION.—The total amount of author14 izations that the Secretary may transfer under the 

15 authority of this section may not exceed 

16 $3,500,000,000. 

17 (b) TERMS AND CONDITIONS.—Transfers under this 

18 section shall be subject to the same terms and conditions 

19 as transfers under section 1001. 

20 (c) ADDITIONAL AUTHORITY.—The transfer author21 ity provided by this section is in addition to the transfer 

22 authority provided under section 1001. 

23 TITLE XVI—WOUNDED WARRIOR 

24 MATTERS 

Sec. 1601. Short title. 

Sec. 1602. General definitions. 


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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 combatrelated 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. 


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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. 


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

of Defense functions at military medical facilities. 

1 SEC. 1601. SHORT TITLE. 

2 This title may be cited as the ‘‘Wounded Warrior 

3 Act’’. 

4 SEC. 1602. GENERAL DEFINITIONS. 

5 In this title: 

6 (1) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committees on Armed Services, 

10 Veterans’ Affairs, and Appropriations of the 

11 Senate; and 

12 (B) the Committees on Armed Services, 

13 Veterans’ Affairs, and Appropriations of the 

14 House of Representatives. 

15 (2) BENEFITS DELIVERY AT DISCHARGE PRO16 GRAM.—The term ‘‘Benefits Delivery at Discharge 

17 Program’’ means a program administered jointly by 

18 the Secretary of Defense and the Secretary of Vet19 erans Affairs to provide information and assistance 

20 on available benefits and other transition assistance 

21 to members of the Armed Forces who are separating 

22 from the Armed Forces, including assistance to ob23 tain any disability benefits for which such members 

24 may be eligible. 


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1 (3) DISABILITY EVALUATION SYSTEM.—The 

2 term ‘‘Disability Evaluation System’’ means the fol3 lowing: 

4 (A) A system or process of the Department 

5 of Defense for evaluating the nature and extent 

6 of disabilities affecting members of the Armed 

7 Forces that is operated by the Secretaries of 

8 the military departments and is comprised of 

9 medical evaluation boards, physical evaluation 

10 boards, counseling of members, and mecha11 nisms for the final disposition of disability eval12 uations by appropriate personnel. 

13 (B) A system or process of the Coast 

14 Guard for evaluating the nature and extent of 

15 disabilities affecting members of the Coast 

16 Guard that is operated by the Secretary of 

17 Homeland Security and is similar to the system 

18 or process of the Department of Defense de19 scribed in subparagraph (A). 

20 (4) ELIGIBLE FAMILY MEMBER.—The term ‘‘el21 igible family member’’, with respect to a recovering 

22 service member, means a family member (as defined 

23 in section 411 h(b) of title 37, United States Code) 

24 who is on invitational travel orders or serving as a 

25 non-medical attendee while caring for the recovering 


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1 service member for more than 45 days during a one2 year period. 

3 (5) MEDICAL CARE.—The term ‘‘medical care’’ 

4 includes mental health care. 

5 (6) OUTPATIENT STATUS.—The term ‘‘out6 patient status’’, with respect to a recovering service 

7 member, means the status of a recovering service 

8 member assigned to— 

9 (A) a military medical treatment facility as 

10 an outpatient; or 

11 (B) a unit established for the purpose of 

12 providing command and control of members of 

13 the Armed Forces receiving medical care as 

14 outpatients. 

15 (7) RECOVERING SERVICE MEMBER.—The term 

16 ‘‘recovering service member’’ means a member of the 

17 Armed Forces, including a member of the National 

18 Guard or a Reserve, who is undergoing medical 

19 treatment, recuperation, or therapy and is in an out20 patient status while recovering from a serious injury 

21 or illness related to the member’s military service. 

22 (8) SERIOUS INJURY OR ILLNESS.—The term 

23 ‘‘serious injury or illness’’, in the case of a member 

24 of the Armed Forces, means an injury or illness in25 curred by the member in line of duty on active duty 


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1 in the Armed Forces that may render the member 

2 medically unfit to perform the duties of the mem3 ber’s office, grade, rank, or rating. 

4 (9) TRICARE PROGRAM.—The term 

5 ‘‘TRICARE program’’ has the meaning given that 

6 term in section 1072(7) of title 10, United States 

7 Code. 

8 SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS 

9 OF RECOVERING SERVICE MEMBERS AND 

10 VETERANS. 

11 (a) IN GENERAL.—In developing and implementing 

12 the policy required by section 1611(a), and in otherwise 

13 carrying out any other provision of this title or any amend14 ment made by this title, the Secretary of Defense and the 

15 Secretary of Veterans Affairs shall take into account and 

16 fully address any unique gender-specific needs of recov17 ering service members and veterans under such policy or 

18 other provision. 

19 (b) REPORTS.—In submitting any report required by 

20 this title or an amendment made by this title, the Sec21 retary of Defense and the Secretary of Veterans Affairs 

22 shall, to the extent applicable, include a description of the 

23 manner in which the matters covered by such report ad24 dress the unique gender-specific needs of recovering serv25 ice members and veterans. 


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1 Subtitle A—Policy on Improve2 ments to Care, Management, 

3 and Transition of Recovering 

4 Service Members 

5 SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS 

6 TO CARE, MANAGEMENT, AND TRANSITION 

7 OF RECOVERING SERVICE MEMBERS. 

8 (a) COMPREHENSIVE POLICY REQUIRED.— 

9 (1) IN GENERAL.—Not later than July 1, 2008, 

10 the Secretary of Defense and the Secretary of Vet11 erans Affairs shall, to the extent feasible, jointly de12 velop and implement a comprehensive policy on im13 provements to the care, management, and transition 

14 of recovering service members. 

15 (2) SCOPE OF POLICY.—The policy shall cover 

16 each of the following: 

17 (A) The care and management of recov18 ering service members. 

19 (B) The medical evaluation and disability 

20 evaluation of recovering service members. 

21 (C) The return of service members who 

22 have recovered to active duty when appropriate. 

23 (D) The transition of recovering service 

24 members from receipt of care and services 

25 through the Department of Defense to receipt 


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1 of care and services through the Department of 

2 Veterans Affairs. 

3 (3) CONSULTATION.—The Secretary of Defense 

4 and the Secretary of Veterans Affairs shall develop 

5 the policy in consultation with the heads of other ap6 propriate departments and agencies of the Federal 

7 Government and with appropriate non-governmental 

8 organizations having an expertise in matters relating 

9 to the policy. 

10 (4) UPDATE.—The Secretary of Defense and 

11 the Secretary of Veterans Affairs shall jointly update 

12 the policy on a periodic basis, but not less often than 

13 annually, in order to incorporate in the policy, as ap14 propriate, the following: 

15 (A) The results of the reviews required 

16 under subsections (b) and (c). 

17 (B) Best practices identified through pilot 

18 programs carried out under this title. 

19 (C) Improvements to matters under the 

20 policy otherwise identified and agreed upon by 

21 the Secretary of Defense and the Secretary of 

22 Veterans Affairs. 

23 (b) REVIEW OF CURRENT POLICIES AND PROCE24 DURES.— 


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1 (1) REVIEW REQUIRED.—In developing the pol2 icy required by subsection (a), the Secretary of De3 fense and the Secretary of Veterans Affairs shall, to 

4 the extent necessary, jointly and separately conduct 

5 a review of all policies and procedures of the Depart6 ment of Defense and the Department of Veterans 

7 Affairs that apply to, or shall be covered by, the pol8 icy. 

9 (2) PURPOSE.—The purpose of the review shall 

10 be to identify the most effective and patient-oriented 

11 approaches to care and management of recovering 

12 service members for purposes of— 

13 (A) incorporating such approaches into the 

14 policy; and 

15 (B) extending such approaches, where ap16 plicable, to the care and management of other 

17 injured or ill members of the Armed Forces and 

18 veterans. 

19 (3) ELEMENTS.—In conducting the review, the 

20 Secretary of Defense and the Secretary of Veterans 

21 Affairs shall— 

22 (A) identify among the policies and proce23 dures described in paragraph (1) best practices 

24 in approaches to the care and management of 

25 recovering service members; 


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1 (B) identify among such policies and pro2 cedures existing and potential shortfalls in the 

3 care and management of recovering service 

4 members (including care and management of 

5 recovering service members on the temporary 

6 disability retired list), and determine means of 

7 addressing any shortfalls so identified; 

8 (C) determine potential modifications of 

9 such policies and procedures in order to ensure 

10 consistency and uniformity, where appropriate, 

11 in the application of such policies and proce12 dures— 

13 (i) among the military departments; 

14 (ii) among the Veterans Integrated 

15 Services Networks (VISNs) of the Depart16 ment of Veterans Affairs; and 

17 (iii) between the military departments 

18 and the Veterans Integrated Services Net19 works; and 

20 (D) develop recommendations for legisla21 tive and administrative action necessary to im22 plement the results of the review. 

23 (4) DEADLINE FOR COMPLETION.—The review 

24 shall be completed not later than 90 days after the 

25 date of the enactment of this Act. 


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1 (c) CONSIDERATION OF EXISTING FINDINGS, REC2 OMMENDATIONS, AND PRACTICES.—In developing the pol3 icy required by subsection (a), the Secretary of Defense 

4 and the Secretary of Veterans Affairs shall take into ac5 count the following: 

6 (1) The findings and recommendations of appli7 cable studies, reviews, reports, and evaluations that 

8 address matters relating to the policy, including, but 

9 not limited, to the following: 

10 (A) The Independent Review Group on Re11 habilitative Care and Administrative Processes 

12 at Walter Reed Army Medical Center and Na13 tional Naval Medical Center, appointed by the 

14 Secretary of Defense. 

15 (B) The Secretary of Veterans Affairs 

16 Task Force on Returning Global War on Terror 

17 Heroes, appointed by the President. 

18 (C) The President’s Commission on Care 

19 for America’s Returning Wounded Warriors. 

20 (D) The Veterans’ Disability Benefits 

21 Commission established by title XV of the Na22 tional Defense Authorization Act for Fiscal 

23 Year 2004 (Public Law 108–136; 117 Stat. 

24 1676; 38 U.S.C. 1101 note). 


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1 (E) The President’s Task Force to Im2 prove Health Care Delivery for Our Nation’s 

3 Veterans, of March 2003. 

4 (F) The Report of the Congressional Com5 mission on Servicemembers and Veterans Tran6 sition Assistance, of 1999, chaired by Anthony 

7 J. Principi. 

8 (G) The President’s Commission on Vet9 erans’ Pensions, of 1956, chaired by General 

10 Omar N. Bradley. 

11 (2) The experience and best practices of the 

12 Department of Defense and the military depart13 ments on matters relating to the policy. 

14 (3) The experience and best practices of the 

15 Department of Veterans Affairs on matters relating 

16 to the policy. 

17 (4) Such other matters as the Secretary of De18 fense and the Secretary of Veterans Affairs consider 

19 appropriate. 

20 (d) TRAINING AND SKILLS OF HEALTH CARE PRO21 FESSIONALS, RECOVERY CARE COORDINATORS, MEDICAL

22 CARE CASE MANAGERS, AND NON-MEDICAL CARE MAN23 AGERS FOR RECOVERING SERVICE MEMBERS.— 

24 (1) IN GENERAL.—The policy required by sub25 section (a) shall provide for uniform standards 


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1 among the military departments for the training and 

2 skills of health care professionals, recovery care co3 ordinators, medical care case managers, and non4 medical care managers for recovering service mem5 bers under subsection (e) in order to ensure that 

6 such personnel are able to— 

7 (A) detect early warning signs of post8 traumatic stress disorder (PTSD), suicidal or 

9 homicidal thoughts or behaviors, and other be10 havioral health concerns among recovering serv11 ice members; and 

12 (B) promptly notify appropriate health 

13 care professionals following detection of such 

14 signs. 

15 (2) TRACKING OF NOTIFICATIONS.—In pro16 viding for uniform standards under paragraph (1), 

17 the policy shall include a mechanism or system to 

18 track the number of notifications made by recovery 

19 care coordinators, medical care case managers, and 

20 non-medical care managers to health care profes21 sionals under paragraph (1)(A) regarding early 

22 warning signs of post-traumatic stress disorder and 

23 suicide in recovering service members. 

24 (e) SERVICES FOR RECOVERING SERVICE MEM25 BERS.—The policy required by subsection (a) shall provide 


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1 for improvements as follows with respect to the care, man2 agement, and transition of recovering service members: 

3 (1) COMPREHENSIVE RECOVERY PLAN FOR RE4 COVERING SERVICE MEMBERS.—The policy shall 

5 provide for uniform standards and procedures for 

6 the development of a comprehensive recovery plan 

7 for each recovering service member that covers the 

8 full spectrum of care, management, transition, and 

9 rehabilitation of the service member during recovery. 

10 (2) RECOVERY CARE COORDINATORS FOR RE11 COVERING SERVICE MEMBERS.— 

12 (A) IN GENERAL.—The policy shall provide 

13 for a uniform program for the assignment to 

14 recovering service members of recovery care co15 ordinators having the duties specified in sub16 paragraph (B). 

17 (B) DUTIES.—The duties under the pro18 gram of a recovery care coordinator for a recov19 ering service member shall include, but not be 

20 limited to, overseeing and assisting the service 

21 member in the service member’s course through 

22 the entire spectrum of care, management, tran23 sition, and rehabilitation services available from 

24 the Federal Government, including services pro25 vided by the Department of Defense, the DeVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 partment of Veterans Affairs, the Department 

2 of Labor, and the Social Security Administra3 tion. 

4 (C) LIMITATION ON NUMBER OF SERVICE

5 MEMBERS MANAGED BY COORDINATORS.—The 

6 maximum number of recovering service mem7 bers whose cases may be assigned to a recovery 

8 care coordinator under the program at any one 

9 time shall be such number as the policy shall 

10 specify, except that the Secretary of the mili11 tary department concerned may waive such lim12 itation with respect to a given coordinator for 

13 not more than 120 days in the event of unfore14 seen circumstances (as specified in the policy). 

15 (D) TRAINING.—The policy shall specify 

16 standard training requirements and curricula 

17 for recovery care coordinators under the pro18 gram, including a requirement for successful 

19 completion of the training program before a 

20 person may assume the duties of such a coordi21 nator. 

22 (E) RESOURCES.—The policy shall include 

23 mechanisms to ensure that recovery care coordi24 nators under the program have the resources 


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1 necessary to expeditiously carry out the duties 

2 of such coordinators under the program. 

3 (F) SUPERVISION.—The policy shall speci4 fy requirements for the appropriate rank or 

5 grade, and appropriate occupation, for persons 

6 appointed to head and supervise recovery care 

7 coordinators. 

8 (3) MEDICAL CARE CASE MANAGERS FOR RE9 COVERING SERVICE MEMBERS.— 

10 (A) IN GENERAL.—The policy shall provide 

11 for a uniform program among the military de12 partments for the assignment to recovering 

13 service members of medical care case managers 

14 having the duties specified in subparagraph 

15 (B). 

16 (B) DUTIES.—The duties under the pro17 gram of a medical care case manager for a re18 covering service member (or the service mem19 ber’s immediate family or other designee if the 

20 service member is incapable of making judg21 ments about personal medical care) shall in22 clude, at a minimum, the following: 

23 (i) Assisting in understanding the 

24 service member’s medical status during the 


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1 care, recovery, and transition of the service 

2 member. 

3 (ii) Assisting in the receipt by the 

4 service member of prescribed medical care 

5 during the care, recovery, and transition of 

6 the service member. 

7 (iii) Conducting a periodic review of 

8 the medical status of the service member, 

9 which review shall be conducted, to the ex10 tent practicable, in person with the service 

11 member, or, whenever the conduct of the 

12 review in person is not practicable, with 

13 the medical care case manager submitting 

14 to the manager’s supervisor a written ex15 planation why the review in person was not 

16 practicable (if the Secretary of the military 

17 department concerned elects to require 

18 such written explanations for purposes of 

19 the program). 

20 (C) LIMITATION ON NUMBER OF SERVICE

21 MEMBERS MANAGED BY MANAGERS.—The max22 imum number of recovering service members 

23 whose cases may be assigned to a medical care 

24 case manager under the program at any one 

25 time shall be such number as the policy shall 


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1 specify, except that the Secretary of the mili2 tary department concerned may waive such lim3 itation with respect to a given manager for not 

4 more than 120 days in the event of unforeseen 

5 circumstances (as specified in the policy). 

6 (D) TRAINING.—The policy shall specify 

7 standard training requirements and curricula 

8 for medical care case managers under the pro9 gram, including a requirement for successful 

10 completion of the training program before a 

11 person may assume the duties of such a man12 ager. 

13 (E) RESOURCES.—The policy shall include 

14 mechanisms to ensure that medical care case 

15 managers under the program have the re16 sources necessary to expeditiously carry out the 

17 duties of such managers under the program. 

18 (F) SUPERVISION AT ARMED FORCES MED19 ICAL FACILITIES.—The policy shall specify re20 quirements for the appropriate rank or grade, 

21 and appropriate occupation, for persons ap22 pointed to head and supervise the medical care 

23 case managers at each medical facility of the 

24 Armed Forces. Persons so appointed may be 

25 appointed from the Army Medical Corps, Army 


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1 Medical Service Corps, Army Nurse Corps, 

2 Navy Medical Corps, Navy Medical Service 

3 Corps, Navy Nurse Corps, Air Force Medical 

4 Service, or other corps or civilian health care 

5 professional, as applicable, at the discretion of 

6 the Secretary of Defense. 

7 (4) NON-MEDICAL CARE MANAGERS FOR RE8 COVERING SERVICE MEMBERS.— 

9 (A) IN GENERAL.—The policy shall provide 

10 for a uniform program among the military de11 partments for the assignment to recovering 

12 service members of non-medical care managers 

13 having the duties specified in subparagraph 

14 (B). 

15 (B) DUTIES.—The duties under the pro16 gram of a non-medical care manager for a re17 covering service member shall include, at a min18 imum, the following: 

19 (i) Communicating with the service 

20 member and with the service member’s 

21 family or other individuals designated by 

22 the service member regarding non-medical 

23 matters that arise during the care, recov24 ery, and transition of the service member. 


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1 (ii) Assisting with oversight of the 

2 service member’s welfare and quality of 

3 life. 

4 (iii) Assisting the service member in 

5 resolving problems involving financial, ad6 ministrative, personnel, transitional, and 

7 other matters that arise during the care, 

8 recovery, and transition of the service 

9 member. 

10 (C) DURATION OF DUTIES.—The policy 

11 shall provide that a non-medical care manager 

12 shall perform duties under the program for a 

13 recovering service member until the service 

14 member is returned to active duty or retired or 

15 separated from the Armed Forces. 

16 (D) LIMITATION ON NUMBER OF SERVICE

17 MEMBERS MANAGED BY MANAGERS.—The max18 imum number of recovering service members 

19 whose cases may be assigned to a non-medical 

20 care manager under the program at any one 

21 time shall be such number as the policy shall 

22 specify, except that the Secretary of the mili23 tary department concerned may waive such lim24 itation with respect to a given manager for not 


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1 more than 120 days in the event of unforeseen 

2 circumstances (as specified in the policy). 

3 (E) TRAINING.—The policy shall specify 

4 standard training requirements and curricula 

5 among the military departments for non-med6 ical care managers under the program, includ7 ing a requirement for successful completion of 

8 the training program before a person may as9 sume the duties of such a manager. 

10 (F) RESOURCES.—The policy shall include 

11 mechanisms to ensure that non-medical care 

12 managers under the program have the re13 sources necessary to expeditiously carry out the 

14 duties of such managers under the program. 

15 (G) SUPERVISION AT ARMED FORCES MED16 ICAL FACILITIES.—The policy shall specify re17 quirements for the appropriate rank and occu18 pational speciality for persons appointed to 

19 head and supervise the non-medical care man20 agers at each medical facility of the Armed 

21 Forces. 

22 (5) ACCESS OF RECOVERING SERVICE MEMBERS

23 TO NON-URGENT HEALTH CARE FROM THE DEPART24 MENT OF DEFENSE OR OTHER PROVIDERS UNDER

25 TRICARE.— 


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1 (A) IN GENERAL.—The policy shall provide 

2 for appropriate minimum standards for access 

3 of recovering service members to non-urgent 

4 medical care and other health care services as 

5 follows: 

6 (i) In medical facilities of the Depart7 ment of Defense. 

8 (ii) Through the TRICARE program. 

9 (B) MAXIMUM WAITING TIMES FOR CER10 TAIN CARE.—The standards for access under 

11 subparagraph (A) shall include such standards 

12 on maximum waiting times of recovering service 

13 members as the policy shall specify for care 

14 that includes, but is not limited to, the fol15 lowing: 

16 (i) Follow-up care. 

17 (ii) Specialty care. 

18 (iii) Diagnostic referrals and studies. 

19 (iv) Surgery based on a physician’s 

20 determination of medical necessity. 

21 (C) WAIVER BY RECOVERING SERVICE

22 MEMBERS.—The policy shall permit any recov23 ering service member to waive a standard for 

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1 cumstances and conditions as the policy shall 

2 specify. 

3 (6) ASSIGNMENT OF RECOVERING SERVICE

4 MEMBERS TO LOCATIONS OF CARE.— 

5 (A) IN GENERAL.—The policy shall provide 

6 for uniform guidelines among the military de7 partments for the assignment of recovering 

8 service members to a location of care, including 

9 guidelines that provide for the assignment of re10 covering service members, when medically ap11 propriate, to care and residential facilities clos12 est to their duty station or home of record or 

13 the location of their designated care giver at the 

14 earliest possible time. 

15 (B) REASSIGNMENT FROM DEFICIENT FA16 CILITIES.—The policy shall provide for uniform 

17 guidelines and procedures among the military 

18 departments for the reassignment of recovering 

19 service members from a medical or medical-re20 lated support facility determined by the Sec21 retary of Defense to violate the standards re22 quired by section 1648 to another appropriate 

23 medical or medical-related support facility until 

24 the correction of violations of such standards at 

25 the medical or medical-related support facility 


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1 from which such service members are reas2 signed. 

3 (7) TRANSPORTATION AND SUBSISTENCE FOR

4 RECOVERING SERVICE MEMBERS.—The policy shall 

5 provide for uniform standards among the military 

6 departments on the availability of appropriate trans7 portation and subsistence for recovering service 

8 members to facilitate their obtaining needed medical 

9 care and services. 

10 (8) WORK AND DUTY ASSIGNMENTS FOR RE11 COVERING SERVICE MEMBERS.—The policy shall 

12 provide for uniform criteria among the military de13 partments for the assignment of recovering service 

14 members to work and duty assignments that are 

15 compatible with their medical conditions. 

16 (9) ACCESS OF RECOVERING SERVICE MEMBERS

17 TO EDUCATIONAL AND VOCATIONAL TRAINING AND

18 REHABILITATION.—The policy shall provide for uni19 form standards among the military departments on 

20 the provision of educational and vocational training 

21 and rehabilitation opportunities for recovering serv22 ice members at the earliest possible point in their re23 covery. 

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1 dures among the military departments on tracking 

2 recovering service members to facilitate— 

3 (A) locating each recovering service mem4 ber; and 

5 (B) tracking medical care appointments of 

6 recovering service members to ensure timeliness 

7 and compliance of recovering service members 

8 with appointments, and other physical and eval9 uation timelines, and to provide any other infor10 mation needed to conduct oversight of the care, 

11 management, and transition of recovering serv12 ice members. 

13 (11) REFERRALS OF RECOVERING SERVICE

14 MEMBERS TO OTHER CARE AND SERVICES PRO15 VIDERS.—The policy shall provide for uniform poli16 cies, procedures, and criteria among the military de17 partments on the referral of recovering service mem18 bers to the Department of Veterans Affairs and 

19 other private and public entities (including univer20 sities and rehabilitation hospitals, centers, and clin21 ics) in order to secure the most appropriate care for 

22 recovering service members, which policies, proce23 dures, and criteria shall take into account, but not 

24 be limited to, the medical needs of recovering service 


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1 members and the geographic location of available 

2 necessary recovery care services. 

3 (f) SERVICES FOR FAMILIES OF RECOVERING SERV4 ICE MEMBERS.—The policy required by subsection (a) 

5 shall provide for improvements as follows with respect to 

6 services for families of recovering service members: 

7 (1) SUPPORT FOR FAMILY MEMBERS OF RECOV8 ERING SERVICE MEMBERS.—The policy shall provide 

9 for uniform guidelines among the military depart10 ments on the provision by the military departments 

11 of support for family members of recovering service 

12 members who are not otherwise eligible for care 

13 under section 1672 in caring for such service mem14 bers during their recovery. 

15 (2) ADVICE AND TRAINING FOR FAMILY MEM16 BERS OF RECOVERING SERVICE MEMBERS.—The 

17 policy shall provide for uniform requirements and 

18 standards among the military departments on the 

19 provision by the military departments of advice and 

20 training, as appropriate, to family members of recov21 ering service members with respect to care for such 

22 service members during their recovery. 

23 (3) MEASUREMENT OF SATISFACTION OF FAM24 ILY MEMBERS OF RECOVERING SERVICE MEMBERS

25 WITH QUALITY OF HEALTH CARE SERVICES.—The 


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1 policy shall provide for uniform procedures among 

2 the military departments on the measurement of the 

3 satisfaction of family members of recovering service 

4 members with the quality of health care services pro5 vided to such service members during their recovery. 

6 (4) JOB PLACEMENT SERVICES FOR FAMILY

7 MEMBERS OF RECOVERING SERVICE MEMBERS.— 

8 The policy shall provide for procedures for applica9 tion by eligible family members during a one-year 

10 period for job placement services otherwise offered 

11 by the Department of Defense. 

12 (g) OUTREACH TO RECOVERING SERVICE MEMBERS

13 AND THEIR FAMILIES ON COMPREHENSIVE POLICY.— 

14 The policy required by subsection (a) shall include proce15 dures and mechanisms to ensure that recovering service 

16 members and their families are fully informed of the poli17 cies required by this section, including policies on medical 

18 care for recovering service members, on the management 

19 and transition of recovering service members, and on the 

20 responsibilities of recovering service members and their 

21 family members throughout the continuum of care and 

22 services for recovering service members under this section. 

23 (h) APPLICABILITY OF COMPREHENSIVE POLICY TO

24 RECOVERING SERVICE MEMBERS ON TEMPORARY DIS25 ABILITY RETIRED LIST.—Appropriate elements of the polVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 icy required by this section shall apply to recovering serv2 ice members whose names are placed on the temporary 

3 disability retired list in such manner, and subject to such 

4 terms and conditions, as the Secretary of Defense shall 

5 prescribe in regulations for purposes of this subsection. 

6 SEC. 1612. MEDICAL EVALUATIONS AND PHYSICAL DIS7 ABILITY EVALUATIONS OF RECOVERING 

8 SERVICE MEMBERS. 

9 (a) MEDICAL EVALUATIONS OF RECOVERING SERV10 ICE MEMBERS.— 

11 (1) IN GENERAL.—Not later than July 1, 2008, 

12 the Secretary of Defense shall develop a policy on 

13 improvements to the processes, procedures, and 

14 standards for the conduct by the military depart15 ments of medical evaluations of recovering service 

16 members. 

17 (2) ELEMENTS.—The policy on improvements 

18 to processes, procedures, and standards required 

19 under this subsection shall include and address the 

20 following: 

21 (A) Processes for medical evaluations of 

22 recovering service members that— 

23 (i) apply uniformly throughout the 

24 military departments; and 


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1 (ii) apply uniformly with respect to re2 covering service members who are members 

3 of the regular components of the Armed 

4 Forces and recovering service members 

5 who are members of the National Guard 

6 and Reserve. 

7 (B) Standard criteria and definitions for 

8 determining the achievement for recovering 

9 service members of the maximum medical ben10 efit from treatment and rehabilitation. 

11 (C) Standard timelines for each of the fol12 lowing: 

13 (i) Determinations of fitness for duty 

14 of recovering service members. 

15 (ii) Specialty care consultations for re16 covering service members. 

17 (iii) Preparation of medical documents 

18 for recovering service members. 

19 (iv) Appeals by recovering service 

20 members of medical evaluation determina21 tions, including determinations of fitness 

22 for duty. 

23 (D) Procedures for ensuring that— 

24 (i) upon request of a recovering serv25 ice member being considered by a medical 


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1 evaluation board, a physician or other ap2 propriate health care professional who is 

3 independent of the medical evaluation 

4 board is assigned to the service member; 

5 and 

6 (ii) the physician or other health care 

7 professional assigned to a recovering serv8 ice member under clause (i)— 

9 (I) serves as an independent 

10 source for review of the findings and 

11 recommendations of the medical eval12 uation board; 

13 (II) provides the service member 

14 with advice and counsel regarding the 

15 findings and recommendations of the 

16 medical evaluation board; and 

17 (III) advises the service member 

18 on whether the findings of the medical 

19 evaluation board adequately reflect 

20 the complete spectrum of injuries and 

21 illness of the service member. 

22 (E) Standards for qualifications and train23 ing of medical evaluation board personnel, in24 cluding physicians, case workers, and physical 

25 disability evaluation board liaison officers, in 


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1 conducting medical evaluations of recovering 

2 service members. 

3 (F) Standards for the maximum number of 

4 medical evaluation cases of recovering service 

5 members that are pending before a medical 

6 evaluation board at any one time, and require7 ments for the establishment of additional med8 ical evaluation boards in the event such number 

9 is exceeded. 

10 (G) Standards for information for recov11 ering service members, and their families, on 

12 the medical evaluation board process and the 

13 rights and responsibilities of recovering service 

14 members under that process, including a stand15 ard handbook on such information (which hand16 book shall also be available electronically). 

17 (b) PHYSICAL DISABILITY EVALUATIONS OF RECOV18 ERING SERVICE MEMBERS.— 

19 (1) IN GENERAL.—Not later than July 1, 2008, 

20 the Secretary of Defense and the Secretary of Vet21 erans Affairs shall develop a policy on improvements 

22 to the processes, procedures, and standards for the 

23 conduct of physical disability evaluations of recov24 ering service members by the military departments 

25 and by the Department of Veterans Affairs. 


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1 (2) ELEMENTS.—The policy on improvements 

2 to processes, procedures, and standards required 

3 under this subsection shall include and address the 

4 following: 

5 (A) A clearly-defined process of the De6 partment of Defense and the Department of 

7 Veterans Affairs for disability determinations of 

8 recovering service members. 

9 (B) To the extent feasible, procedures to 

10 eliminate unacceptable discrepancies and im11 prove consistency among disability ratings as12 signed by the military departments and the De13 partment of Veterans Affairs, particularly in 

14 the disability evaluation of recovering service 

15 members, which procedures shall be subject to 

16 the following requirements and limitations: 

17 (i) Such procedures shall apply uni18 formly with respect to recovering service 

19 members who are members of the regular 

20 components of the Armed Forces and re21 covering service members who are members 

22 of the National Guard and Reserve. 

23 (ii) Under such procedures, each Sec24 retary of a military department shall, to 

25 the extent feasible, utilize the standard 


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1 schedule for rating disabilities in use by 

2 the Department of Veterans Affairs, in3 cluding any applicable interpretation of 

4 such schedule by the United States Court 

5 of Appeals for Veterans Claims, in making 

6 any determination of disability of a recov7 ering service member, except as otherwise 

8 authorized by section 1216a of title 10, 

9 United States Code (as added by section 

10 1642 of this Act). 

11 (C) Uniform timelines among the military 

12 departments for appeals of determinations of 

13 disability of recovering service members, includ14 ing timelines for presentation, consideration, 

15 and disposition of appeals. 

16 (D) Uniform standards among the military 

17 departments for qualifications and training of 

18 physical disability evaluation board personnel, 

19 including physical evaluation board liaison per20 sonnel, in conducting physical disability evalua21 tions of recovering service members. 

22 (E) Uniform standards among the military 

23 departments for the maximum number of phys24 ical disability evaluation cases of recovering 

25 service members that are pending before a 


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1 physical disability evaluation board at any one 

2 time, and requirements for the establishment of 

3 additional physical disability evaluation boards 

4 in the event such number is exceeded. 

5 (F) Uniform standards and procedures 

6 among the military departments for the provi7 sion of legal counsel to recovering service mem8 bers while undergoing evaluation by a physical 

9 disability evaluation board. 

10 (G) Uniform standards among the military 

11 departments on the roles and responsibilities of 

12 non-medical care managers under section 

13 1611(e)(4) and judge advocates assigned to re14 covering service members undergoing evaluation 

15 by a physical disability board, and uniform 

16 standards on the maximum number of cases in17 volving such service members that are to be as18 signed to judge advocates at any one time. 

19 (c) ASSESSMENT OF CONSOLIDATION OF DEPART20 MENT OF DEFENSE AND DEPARTMENT OF VETERANS AF21 FAIRS DISABILITY EVALUATION SYSTEMS.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 and the Secretary of Veterans Affairs shall jointly 

24 submit to the appropriate committees of Congress a 

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1 dating the disability evaluation systems of the mili2 tary departments and the disability evaluation sys3 tem of the Department of Veterans Affairs into a 

4 single disability evaluation system. The report shall 

5 be submitted together with the report required by 

6 section 1611(a). 

7 (2) ELEMENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) An assessment of the feasability and 

10 advisability of consolidating the disability eval11 uation systems described in paragraph (1) as 

12 specified in that paragraph. 

13 (B) If the consolidation of the systems is 

14 considered feasible and advisable— 

15 (i) recommendations for various op16 tions for consolidating the systems as spec17 ified in paragraph (1); and 

18 (ii) recommendations for mechanisms 

19 to evaluate and assess any progress made 

20 in consolidating the systems as specified in 

21 that paragraph. 

22 SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO 

23 ACTIVE DUTY IN THE ARMED FORCES. 

24 The Secretary of Defense shall establish standards 

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1 turn of recovering service members to active duty in the 

2 Armed Forces. 

3 SEC. 1614. TRANSITION OF RECOVERING SERVICE MEM4 BERS FROM CARE AND TREATMENT 

5 THROUGH THE DEPARTMENT OF DEFENSE 

6 TO CARE, TREATMENT, AND REHABILITATION 

7 THROUGH THE DEPARTMENT OF VETERANS 

8 AFFAIRS. 

9 (a) IN GENERAL.—Not later than July 1, 2008, the 

10 Secretary of Defense and the Secretary of Veterans Af11 fairs shall jointly develop and implement processes, proce12 dures, and standards for the transition of recovering serv13 ice members from care and treatment through the Depart14 ment of Defense to care, treatment, and rehabilitation 

15 through the Department of Veterans Affairs. 

16 (b) ELEMENTS.—The processes, procedures, and 

17 standards required under this section shall include the fol18 lowing: 

19 (1) Uniform, patient-focused procedures to en20 sure that the transition described in subsection (a) 

21 occurs without gaps in medical care and in the qual22 ity of medical care, benefits, and services. 

23 (2) Procedures for the identification and track24 ing of recovering service members during the transi25 tion, and for the coordination of care and treatment 


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1 of recovering service members during the transition, 

2 including a system of cooperative case management 

3 of recovering service members by the Department of 

4 Defense and the Department of Veterans Affairs 

5 during the transition. 

6 (3) Procedures for the notification of Depart7 ment of Veterans Affairs liaison personnel of the 

8 commencement by recovering service members of the 

9 medical evaluation process and the physical dis10 ability evaluation process. 

11 (4) Procedures and timelines for the enrollment 

12 of recovering service members in applicable enroll13 ment or application systems of the Department of 

14 Veterans Affairs with respect to health care, dis15 ability, education, vocational rehabilitation, or other 

16 benefits. 

17 (5) Procedures to ensure the access of recov18 ering service members during the transition to voca19 tional, educational, and rehabilitation benefits avail20 able through the Department of Veterans Affairs. 

21 (6) Standards for the optimal location of De22 partment of Defense and Department of Veterans 

23 Affairs liaison and case management personnel at 

24 military medical treatment facilities, medical centers, 


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1 and other medical facilities of the Department of 

2 Defense. 

3 (7) Standards and procedures for integrated 

4 medical care and management of recovering service 

5 members during the transition, including procedures 

6 for the assignment of medical personnel of the De7 partment of Veterans Affairs to Department of De8 fense facilities to participate in the needs assess9 ments of recovering service members before, during, 

10 and after their separation from military service. 

11 (8) Standards for the preparation of detailed 

12 plans for the transition of recovering service mem13 bers from care and treatment by the Department of 

14 Defense to care, treatment, and rehabilitation by the 

15 Department of Veterans Affairs, which plans shall— 

16 (A) be based on standardized elements 

17 with respect to care and treatment require18 ments and other applicable requirements; and 

19 (B) take into account the comprehensive 

20 recovery plan for the recovering service member 

21 concerned as developed under section 

22 1611(e)(1). 

23 (9) Procedures to ensure that each recovering 

24 service member who is being retired or separated 

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1 ceives a written transition plan, prior to the time of 

2 retirement or separation, that— 

3 (A) specifies the recommended schedule 

4 and milestones for the transition of the service 

5 member from military service; 

6 (B) provides for a coordinated transition of 

7 the service member from the Department of 

8 Defense disability evaluation system to the De9 partment of Veterans Affairs disability system; 

10 and 

11 (C) includes information and guidance de12 signed to assist the service member in under13 standing and meeting the schedule and mile14 stones specified under subparagraph (A) for the 

15 service member’s transition. 

16 (10) Procedures for the transmittal from the 

17 Department of Defense to the Department of Vet18 erans Affairs of records and any other required in19 formation on each recovering service member de20 scribed in paragraph (9), which procedures shall 

21 provide for the transmission from the Department of 

22 Defense to the Department of Veterans Affairs of 

23 records and information on the service member as 

24 follows: 


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1 (A) The address and contact information 

2 of the service member. 

3 (B) The DD–214 discharge form of the 

4 service member, which shall be transmitted 

5 under such procedures electronically. 

6 (C) A copy of the military service record of 

7 the service member, including medical records 

8 and any results of a physical evaluation board. 

9 (D) Information on whether the service 

10 member is entitled to transitional health care, a 

11 conversion health policy, or other health bene12 fits through the Department of Defense under 

13 section 1145 of title 10, United States Code. 

14 (E) A copy of any request of the service 

15 member for assistance in enrolling in, or com16 pleted applications for enrollment in, the health 

17 care system of the Department of Veterans Af18 fairs for health care benefits for which the serv19 ice member may be eligible under laws adminis20 tered by the Secretary of Veterans Affairs. 

21 (F) A copy of any request by the service 

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1 ice member may be entitled under laws admin2 istered by the Secretary of Veterans Affairs. 

3 (11) A process to ensure that, before trans4 mittal of medical records of a recovering service 

5 member to the Department of Veterans Affairs, the 

6 Secretary of Defense ensures that the service mem7 ber (or an individual legally recognized to make 

8 medical decisions on behalf of the service member) 

9 authorizes the transfer of the medical records of the 

10 service member from the Department of Defense to 

11 the Department of Veterans Affairs pursuant to the 

12 Health Insurance Portability and Accountability Act 

13 of 1996. 

14 (12) Procedures to ensure that, with the con15 sent of the recovering service member concerned, the 

16 address and contact information of the service mem17 ber is transmitted to the department or agency for 

18 veterans affairs of the State in which the service 

19 member intends to reside after the retirement or 

20 separation of the service member from the Armed 

21 Forces. 

22 (13) Procedures to ensure that, before the 

23 transmittal of records and other information with re24 spect to a recovering service member under this sec25 tion, a meeting regarding the transmittal of such 


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1 records and other information occurs among the 

2 service member, appropriate family members of the 

3 service member, representatives of the Secretary of 

4 the military department concerned, and representa5 tives of the Secretary of Veterans Affairs, with at 

6 least 30 days advance notice of the meeting being 

7 given to the service member unless the service mem8 ber waives the advance notice requirement in order 

9 to accelerate transmission of the service member’s 

10 records and other information to the Department of 

11 Veterans Affairs. 

12 (14) Procedures to ensure that the Secretary of 

13 Veterans Affairs gives appropriate consideration to a 

14 written statement submitted to the Secretary by a 

15 recovering service member regarding the transition. 

16 (15) Procedures to provide access for the De17 partment of Veterans Affairs to the military health 

18 records of recovering service members who are re19 ceiving care and treatment, or are anticipating re20 ceipt of care and treatment, in Department of Vet21 erans Affairs health care facilities, which procedures 

22 shall be consistent with the procedures and require23 ments in paragraphs (11) and (13). 

24 (16) A process for the utilization of a joint sep25 aration and evaluation physical examination that 


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1 meets the requirements of both the Department of 

2 Defense and the Department of Veterans Affairs in 

3 connection with the medical separation or retirement 

4 of a recovering service member from military service 

5 and for use by the Department of Veterans Affairs 

6 in disability evaluations. 

7 (17) Procedures for surveys and other mecha8 nisms to measure patient and family satisfaction 

9 with the provision by the Department of Defense 

10 and the Department of Veterans Affairs of care and 

11 services for recovering service members, and to fa12 cilitate appropriate oversight by supervisory per13 sonnel of the provision of such care and services. 

14 (18) Procedures to ensure the participation of 

15 recovering service members who are members of the 

16 National Guard or Reserve in the Benefits Delivery 

17 at Discharge Program, including procedures to en18 sure that, to the maximum extent feasible, services 

19 under the Benefits Delivery at Discharge Program 

20 are provided to recovering service members at— 

21 (A) appropriate military installations; 

22 (B) appropriate armories and military fam23 ily support centers of the National Guard; 

24 (C) appropriate military medical care fa25 cilities at which members of the Armed Forces 


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1 are separated or discharged from the Armed 

2 Forces; and 

3 (D) in the case of a member on the tem4 porary disability retired list under section 1202 

5 or 1205 of title 10, United States Code, who is 

6 being retired under another provision of such 

7 title or is being discharged, at a location rea8 sonably convenient to the member. 

9 SEC. 1615. REPORTS. 

10 (a) REPORT ON POLICY.—Upon the development of 

11 the policy required by subsection (a) of section 1611 but 

12 not later than July 1, 2008, the Secretary of Defense and 

13 the Secretary of Veterans Affairs shall jointly submit to 

14 the appropriate committees of Congress a report on the 

15 policy, including a comprehensive and detailed description 

16 of the policy and of the manner in which the policy ad17 dresses the detailed elements of the policy specified in sub18 sections (d) through (h) of section 1611, and the findings 

19 and recommendations of the reviews under subsections (b) 

20 and (c) of section 1611. 

21 (b) INTERIM REPORT ON POLICY.—Not later than 

22 February 1, 2008, the Secretary of Defense and the Sec23 retary of Veterans Affairs shall jointly submit to the ap24 propriate committees of Congress an interim report on the 

25 policy, which shall include a comprehensive and detailed 


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1 description of the matters specified in subsection (a) cur2 rent as of the date of such interim report. 

3 (c) REPORT ON UPDATE OF POLICY.—Upon updat4 ing the policy under section 1611(a)(4), the Secretary of 

5 Defense and the Secretary of Veterans Affairs shall jointly 

6 submit to the appropriate committees of Congress a report 

7 on the update of the policy, including a comprehensive and 

8 detailed description of such update and of the reasons for 

9 such update. 

10 (d) COMPTROLLER GENERAL ASSESSMENT OF IM11 PLEMENTATION OF POLICY.— 

12 (1) IN GENERAL.—Not later than six months 

13 after the date of the enactment of this Act and every 

14 year thereafter through 2010, the Comptroller Gen15 eral of the United States shall submit to the appro16 priate committees of Congress a report setting forth 

17 the assessment of the Comptroller General of the 

18 progress of the Secretary of Defense and the Sec19 retary of Veterans Affairs in developing and imple20 menting the policy required by section 1611(a). 

21 Each report shall include a certification by the 

22 Comptroller General as to whether the Comptroller 

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1 formed judgments on the matters covered by the re2 port. 

3 (2) ACCESS INFORMATION.—The Secretary of 

4 Defense and the Secretary of Veterans Affairs shall 

5 facilitate the ability of the Comptroller General to 

6 conduct any review required for a report under this 

7 subsection within the time period required for such 

8 report, including prompt and complete access to 

9 such information as the Comptroller General con10 siders necessary to perform such review. 

11 (e) REPORT ON REDUCTION IN DISABILITY RATINGS

12 BY THE DEPARTMENT OF DEFENSE.—Not later than 

13 February 1, 2009, the Secretary of Defense shall submit 

14 to the Committees on Armed Services of the Senate and 

15 House of Representatives a report on the number of in16 stances during the period beginning on October 7, 2001, 

17 and ending on September 30, 2006, in which a disability 

18 rating assigned to a member of the Armed Forces by an 

19 informal physical evaluation board of the Department of 

20 Defense was reduced upon appeal, and the reasons for 

21 such reduction. 

22 SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RE23 SOURCE CENTER. 

24 (a) ESTABLISHMENT.—The Secretary of Defense 

25 shall establish a wounded warrior resource center (in this 


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1 section referred to as the ‘‘center’’) to provide wounded 

2 warriors, their families, and their primary caregivers with 

3 a single point of contact for assistance with reporting defi4 ciencies in covered military facilities, obtaining health care 

5 services, receiving benefits information, and any other dif6 ficulties encountered while supporting wounded warriors. 

7 The Secretary shall widely disseminate information re8 garding the existence and availability of the center, includ9 ing contact information, to members of the Armed Forces 

10 and their dependents. In carrying out this subsection, the 

11 Secretary may use existing infrastructure and organiza12 tions but shall ensure that the center has the ability to 

13 separately keep track of calls from wounded warriors. 

14 (b) ACCESS.—The center shall provide multiple meth15 ods of access, including at a minimum an Internet website 

16 and a toll-free telephone number (commonly referred to 

17 as a ‘‘hot line’’) at which personnel are accessible at all 

18 times to receive reports of deficiencies or provide informa19 tion about covered military facilities, health care services, 

20 or military benefits. 

21 (c) CONFIDENTIALITY.— 

22 (1) NOTIFICATION.—Individuals who seek to 

23 provide information through the center under sub24 section (a) shall be notified, immediately before they 

25 provide such information, of their option to elect, at 


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1 their discretion, to have their identity remain con2 fidential. 

3 (2) PROHIBITION ON FURTHER DISCLOSURE.— 

4 In the case of information provided through use of 

5 the toll-free telephone number by an individual who 

6 elects to maintain the confidentiality of his or her 

7 identity, any individual who, by necessity, has had 

8 access to such information for purposes of inves9 tigating or responding to the call as required under 

10 subsection (d) may not disclose the identity of the 

11 individual who provided the information. 

12 (d) FUNCTIONS.—The center shall perform the fol13 lowing functions: 

14 (1) CALL TRACKING.—The center shall be re15 sponsible for documenting receipt of a call, referring 

16 the call to the appropriate office within a military 

17 department for answer or investigation, and tracking 

18 the formulation and notification of the response to 

19 the call. 

20 (2) INVESTIGATION AND RESPONSE.—The cen21 ter shall be responsible for ensuring that, not later 

22 than 96 hours after a call— 

23 (A) if a report of deficiencies is received in 

24 a call— 


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1 (i) any deficiencies referred to in the 

2 call are investigated; 

3 (ii) if substantiated, a plan of action 

4 for remediation of the deficiencies is devel5 oped and implemented; and 

6 (iii) if requested, the individual who 

7 made the report is notified of the current 

8 status of the report; or 

9 (B) if a request for information is received 

10 in a call— 

11 (i) the information requested by the 

12 caller is provided by the center; 

13 (ii) all requests for information from 

14 the call are referred to the appropriate of15 fice or offices of a military department for 

16 response; and 

17 (iii) the individual who made the re18 port is notified, at a minimum, of the cur19 rent status of the query. 

20 (3) FINAL NOTIFICATION.—The center shall be 

21 responsible for ensuring that, if requested, the caller 

22 is notified when the deficiency has been corrected or 

23 when the request for information has been fulfilled 

24 to the maximum extent practicable, as determined 

25 by the Secretary. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) COVERED MILITARY FACILITY.—The term 

3 ‘‘covered military facility’’ has the meaning provided 

4 in section 1648(b) of this Act. 

5 (2) CALL.—The term ‘‘call’’ means any query 

6 or report that is received by the center by means of 

7 the toll-free telephone number or other source. 

8 (f) EFFECTIVE DATES.— 

9 (1) TOLL-FREE TELEPHONE NUMBER.—The 

10 toll-free telephone number required to be established 

11 by subsection (a), shall be fully operational not later 

12 than April 1, 2008. 

13 (2) INTERNET WEBSITE.—The Internet website 

14 required to be established by subsection (a), shall be 

15 fully operational not later than July 1, 2008. 

16 SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZA17 TION OF COMBAT WOUNDED SERVICE MEM18 BERS. 

19 (a) NOTIFICATION REQUIRED.— 

20 (1) IN GENERAL.—Chapter 55 of title 10, 

21 United States Code, is further amended by inserting 

22 after section 1074k the following new section: 


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1 ‘‘§ 1074l. Notification to Congress of hospitalization of 

2 combat wounded members 

3 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con4 cerned shall provide notification of the hospitalization of 

5 any member of the armed forces evacuated from a theater 

6 of combat and admitted to a military treatment facility 

7 within the United States to the appropriate Members of 

8 Congress. 

9 ‘‘(b) APPROPRIATE MEMBERS.—In this section, the 

10 term ‘appropriate Members of Congress’, with respect to 

11 the member of the armed forces about whom notification 

12 is being made, means the Senators representing the State, 

13 and the Member, Delegate, or Resident Commissioner of 

14 the House of Representatives representing the district, 

15 that includes the member’s home of record or a different 

16 location as provided by the member. 

17 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifi18 cation under subsection (a) may be provided only with the 

19 consent of the member of the armed forces about whom 

20 notification is to be made. In the case of a member who 

21 is unable to provide consent, information and consent may 

22 be provided by next of kin.’’. 

23 (2) EFFECTIVE DATE.—The notification re24 quirement under section 1074l(a) of title 10, United 

25 States Code, as added by paragraph (1), shall apply 


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1 beginning 60 days after the date of the enactment 

2 of this Act. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘1074l. Notification to Congress of hospitalization of combat wounded members.’’. 

6 SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAG7 NOSIS, MITIGATION, TREATMENT, AND REHA8 BILITATION OF, AND RESEARCH ON, TRAU9 MATIC BRAIN INJURY, POST-TRAUMATIC 

10 STRESS DISORDER, AND OTHER MENTAL 

11 HEALTH CONDITIONS IN MEMBERS OF THE 

12 ARMED FORCES. 

13 (a) COMPREHENSIVE STATEMENT OF POLICY.—The 

14 Secretary of Defense and the Secretary of Veterans Af15 fairs shall direct joint planning among the Department of 

16 Defense, the military departments, and the Department 

17 of Veterans Affairs for the prevention, diagnosis, mitiga18 tion, treatment, and rehabilitation of, and research on, 

19 traumatic brain injury, post-traumatic stress disorder, and 

20 other mental health conditions in members of the Armed 

21 Forces, including planning for the seamless transition of 

22 such members from care through the Department of De23 fense to care through the Department of Veterans Affairs. 


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1 (b) COMPREHENSIVE PLAN REQUIRED.—Not later 

2 than 180 days after the date of the enactment of this Act, 

3 the Secretary of Defense shall, in consultation with the 

4 Secretary of Veterans Affairs, submit to the congressional 

5 defense committees a comprehensive plan for programs 

6 and activities of the Department of Defense to prevent, 

7 diagnose, mitigate, treat, research, and otherwise respond 

8 to traumatic brain injury, post-traumatic stress disorder, 

9 and other mental health conditions in members of the 

10 Armed Forces, including— 

11 (1) an assessment of the current capabilities of 

12 the Department for the prevention, diagnosis, miti13 gation, treatment, and rehabilitation of, and re14 search on, traumatic brain injury, post-traumatic 

15 stress disorder, and other mental health conditions 

16 in members of the Armed Forces; 

17 (2) the identification of gaps in current capa18 bilities of the Department for the prevention, diag19 nosis, mitigation, treatment, and rehabilitation of, 

20 and research on, traumatic brain injury, post-trau21 matic stress disorder, and other mental health condi22 tions in members of the Armed Forces; and 

23 (3) the identification of the resources required 

24 for the Department in fiscal years 2009 through 


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1 2013 to address the gaps in capabilities identified 

2 under paragraph (2). 

3 (c) PROGRAM REQUIRED.—One of the programs con4 tained in the comprehensive plan submitted under sub5 section (b) shall be a Department of Defense program, de6 veloped in collaboration with the Department of Veterans 

7 Affairs, under which each member of the Armed Forces 

8 who incurs a traumatic brain injury or post-traumatic 

9 stress disorder during service in the Armed Forces— 

10 (1) is enrolled in the program; and 

11 (2) receives treatment and rehabilitation meet12 ing a standard of care such that each individual who 

13 qualifies for care under the program shall— 

14 (A) be provided the highest quality, evi15 dence-based care in facilities that most appro16 priately meet the specific needs of the indi17 vidual; and 

18 (B) be rehabilitated to the fullest extent 

19 possible using up-to-date evidence-based med20 ical technology, and physical and medical reha21 bilitation practices and expertise. 

22 (d) PROVISION OF INFORMATION REQUIRED.—The 

23 comprehensive plan submitted under subsection (b) shall 

24 require the provision of information by the Secretary of 

25 Defense to members of the Armed Forces with traumatic 


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1 brain injury, post-traumatic stress disorder, or other men2 tal health conditions and their families about their options 

3 with respect to the following: 

4 (1) The receipt of medical and mental health 

5 care from the Department of Defense and the De6 partment of Veterans Affairs. 

7 (2) Additional options available to such mem8 bers for treatment and rehabilitation of traumatic 

9 brain injury, post-traumatic stress disorder, and 

10 other mental health conditions. 

11 (3) The options available, including obtaining a 

12 second opinion, to such members for a referral to an 

13 authorized provider under chapter 55 of title 10, 

14 United States Code, as determined under regulations 

15 prescribed by the Secretary of Defense. 

16 (e) ADDITIONAL ELEMENTS OF PLAN.—The com17 prehensive plan submitted under subsection (b) shall in18 clude comprehensive proposals of the Department on the 

19 following: 

20 (1) LEAD AGENT.—The designation by the Sec21 retary of Defense of a lead agent or executive agent 

22 for the Department to coordinate development and 

23 implementation of the plan. 

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1 tection and treatment of traumatic brain injury, 

2 post-traumatic stress disorder, and other mental 

3 health conditions in members of the Armed Forces 

4 in the field. 

5 (3) REDUCTION OF PTSD.—The development of 

6 a plan for reducing post traumatic-stress disorder, 

7 incorporating evidence-based preventive and early8 intervention measures, practices, or procedures that 

9 reduce the likelihood that personnel in combat will 

10 develop post-traumatic stress disorder or other 

11 stress-related conditions (including substance abuse 

12 conditions) into— 

13 (A) basic and pre-deployment training for 

14 enlisted members of the Armed Forces, non15 commissioned officers, and officers; 

16 (B) combat theater operations; and 

17 (C) post-deployment service. 

18 (4) RESEARCH.—Requirements for research on 

19 traumatic brain injury, post-traumatic stress dis20 order, and other mental health conditions including 

21 (in particular) research on pharmacological and 

22 other approaches to treatment for traumatic brain 

23 injury, post-traumatic stress disorder, or other men24 tal health conditions, as applicable, and the alloca25 tion of priorities among such research. 


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1 (5) DIAGNOSTIC CRITERIA.—The development, 

2 adoption, and deployment of joint Department of 

3 Defense-Department of Veterans Affairs evidence4 based diagnostic criteria for the detection and eval5 uation of the range of traumatic brain injury, post6 traumatic stress disorder, and other mental health 

7 conditions in members of the Armed Forces, which 

8 criteria shall be employed uniformly across the mili9 tary departments in all applicable circumstances, in10 cluding provision of clinical care and assessment of 

11 future deployability of members of the Armed 

12 Forces. 

13 (6) ASSESSMENT.—The development and de14 ployment of evidence-based means of assessing trau15 matic brain injury, post-traumatic stress disorder, 

16 and other mental health conditions in members of 

17 the Armed Forces, including a system of pre-deploy18 ment and post-deployment screenings of cognitive 

19 ability in members for the detection of cognitive im20 pairment. 

21 (7) MANAGING AND MONITORING.—The devel22 opment and deployment of effective means of man23 aging and monitoring members of the Armed Forces 

24 with traumatic brain injury, post-traumatic stress 

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1 ceipt of care for traumatic brain injury, post-trau2 matic stress disorder, or other mental health condi3 tions, as applicable, including the monitoring and as4 sessment of treatment and outcomes. 

5 (8) EDUCATION AND AWARENESS.—The devel6 opment and deployment of an education and aware7 ness training initiative designed to reduce the nega8 tive stigma associated with traumatic brain injury, 

9 post-traumatic stress disorder, and other mental 

10 health conditions, and mental health treatment. 

11 (9) EDUCATION AND OUTREACH.—The provi12 sion of education and outreach to families of mem13 bers of the Armed Forces with traumatic brain in14 jury, post-traumatic stress disorder, or other mental 

15 health conditions on a range of matters relating to 

16 traumatic brain injury, post-traumatic stress dis17 order, or other mental health conditions, as applica18 ble, including detection, mitigation, and treatment. 

19 (10) RECORDING OF BLASTS.—A requirement 

20 that exposure to a blast or blasts be recorded in the 

21 records of members of the Armed Forces. 

22 (11) GUIDELINES FOR BLAST INJURIES.—The 

23 development of clinical practice guidelines for the di24 agnosis and treatment of blast injuries in members 


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1 of the Armed Forces, including, but not limited to, 

2 traumatic brain injury. 

3 (12) GENDER- AND ETHNIC GROUP-SPECIFIC

4 SERVICES AND TREATMENT.—The development of 

5 requirements, as appropriate, for gender- and ethnic 

6 group-specific medical care services and treatment 

7 for members of the Armed Forces who experience 

8 mental health problems and conditions, including 

9 post-traumatic stress disorder, with specific regard 

10 to the availability of, access to, and research and de11 velopment requirements of such needs. 

12 (f) COORDINATION IN DEVELOPMENT.—The com13 prehensive plan submitted under subsection (b) shall be 

14 developed in coordination with the Secretary of the Army 

15 (who was designated by the Secretary of Defense as execu16 tive agent for the prevention, mitigation, and treatment 

17 of blast injuries under section 256 of the National Defense 

18 Authorization Act for Fiscal Year 2006 (Public Law 109– 

19 163; 119 Stat. 3181; 10 U.S.C. 1071 note)). 


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1 Subtitle B—Centers of Excellence 

2 in the Prevention, Diagnosis, 

3 Mitigation, Treatment, and Re4 habilitation of Traumatic Brain 

5 Injury, Post-Traumatic Stress 

6 Disorder, and Eye Injuries 

7 SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, 

8 DIAGNOSIS, MITIGATION, TREATMENT, AND 

9 REHABILITATION OF TRAUMATIC BRAIN IN10 JURY. 

11 (a) IN GENERAL.—The Secretary of Defense shall es12 tablish within the Department of Defense a center of ex13 cellence in the prevention, diagnosis, mitigation, treat14 ment, and rehabilitation of traumatic brain injury, includ15 ing mild, moderate, and severe traumatic brain injury, to 

16 carry out the responsibilities specified in subsection (c). 

17 (b) PARTNERSHIPS.—The Secretary shall ensure that 

18 the Center collaborates to the maximum extent practicable 

19 with the Department of Veterans Affairs, institutions of 

20 higher education, and other appropriate public and private 

21 entities (including international entities) to carry out the 

22 responsibilities specified in subsection (c). 

23 (c) RESPONSIBILITIES.—The Center shall have re24 sponsibilities as follows: 


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1 (1) To implement the comprehensive plan and 

2 strategy for the Department of Defense, required by 

3 section 1618 of this Act, for the prevention, diag4 nosis, mitigation, treatment, and rehabilitation of 

5 traumatic brain injury, including research on gender 

6 and ethnic group-specific health needs related to 

7 traumatic brain injury. 

8 (2) To provide for the development, testing, and 

9 dissemination within the Department of best prac10 tices for the treatment of traumatic brain injury. 

11 (3) To provide guidance for the mental health 

12 system of the Department in determining the mental 

13 health and neurological health personnel required to 

14 provide quality mental health care for members of 

15 the Armed Forces with traumatic brain injury. 

16 (4) To establish, implement, and oversee a com17 prehensive program to train mental health and neu18 rological health professionals of the Department in 

19 the treatment of traumatic brain injury. 

20 (5) To facilitate advancements in the study of 

21 the short-term and long-term psychological effects of 

22 traumatic brain injury. 

23 (6) To disseminate within the military medical 

24 treatment facilities of the Department best practices 

25 for training mental health professionals, including 


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1 neurological health professionals, with respect to 

2 traumatic brain injury. 

3 (7) To conduct basic science and translational 

4 research on traumatic brain injury for the purposes 

5 of understanding the etiology of traumatic brain in6 jury and developing preventive interventions and new 

7 treatments. 

8 (8) To develop programs and outreach strate9 gies for families of members of the Armed Forces 

10 with traumatic brain injury in order to mitigate the 

11 negative impacts of traumatic brain injury on such 

12 family members and to support the recovery of such 

13 members from traumatic brain injury. 

14 (9) To conduct research on the mental health 

15 needs of families of members of the Armed Forces 

16 with traumatic brain injury and develop protocols to 

17 address any needs identified through such research. 

18 (10) To conduct longitudinal studies (using im19 aging technology and other proven research meth20 ods) on members of the Armed Forces with trau21 matic brain injury to identify early signs of Alz22 heimer’s disease, Parkinson’s disease, or other mani23 festations of neurodegeneration, as well as epilepsy, 

24 in such members, in coordination with the studies 

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1 tional Defense Authorization Act for Fiscal Year 

2 2007 (Public Law 109–364; 120 Stat. 2294) and 

3 other studies of the Department of Defense and the 

4 Department of Veterans Affairs that address the 

5 connection between exposure to combat and the de6 velopment of Alzheimer’s disease, Parkinson’s dis7 ease, and other neurodegenerative disorders, as well 

8 as epilepsy. 

9 (11) To develop and oversee a long-term plan to 

10 increase the number of mental health and neuro11 logical health professionals within the Department in 

12 order to facilitate the meeting by the Department of 

13 the needs of members of the Armed Forces with 

14 traumatic brain injury until their transition to care 

15 and treatment from the Department of Veterans Af16 fairs. 

17 (12) To develop a program on comprehensive 

18 pain management, including management of acute 

19 and chronic pain, to utilize current and develop new 

20 treatments for pain, and to identify and disseminate 

21 best practices on pain management related to trau22 matic brain injury. 

23 (13) Such other responsibilities as the Secretary 

24 shall specify. 


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1 SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAG2 NOSIS, MITIGATION, TREATMENT, AND REHA3 BILITATION OF POST-TRAUMATIC STRESS 

4 DISORDER AND OTHER MENTAL HEALTH 

5 CONDITIONS. 

6 (a) IN GENERAL.—The Secretary of Defense shall es7 tablish within the Department of Defense a center of ex8 cellence in the prevention, diagnosis, mitigation, treat9 ment, and rehabilitation of post-traumatic stress disorder 

10 (PTSD) and other mental health conditions, including 

11 mild, moderate, and severe post-traumatic stress disorder 

12 and other mental health conditions, to carry out the re13 sponsibilities specified in subsection (c). 

14 (b) PARTNERSHIPS.—The Secretary shall ensure that 

15 the center collaborates to the maximum extent practicable 

16 with the National Center on Post-Traumatic Stress Dis17 order of the Department of Veterans Affairs, institutions 

18 of higher education, and other appropriate public and pri19 vate entities (including international entities) to carry out 

20 the responsibilities specified in subsection (c). 

21 (c) RESPONSIBILITIES.—The center shall have re22 sponsibilities as follows: 

23 (1) To implement the comprehensive plan and 

24 strategy for the Department of Defense, required by 

25 section 1618 of this Act, for the prevention, diag26 nosis, mitigation, treatment, and rehabilitation of 


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1 post-traumatic stress disorder and other mental 

2 health conditions, including research on gender- and 

3 ethnic group-specific health needs related to post4 traumatic stress disorder and other mental health 

5 conditions. 

6 (2) To provide for the development, testing, and 

7 dissemination within the Department of best prac8 tices for the treatment of post-traumatic stress dis9 order. 

10 (3) To provide guidance for the mental health 

11 system of the Department in determining the mental 

12 health and neurological health personnel required to 

13 provide quality mental health care for members of 

14 the Armed Forces with post-traumatic stress dis15 order and other mental health conditions. 

16 (4) To establish, implement, and oversee a com17 prehensive program to train mental health and neu18 rological health professionals of the Department in 

19 the treatment of post-traumatic stress disorder and 

20 other mental health conditions. 

21 (5) To facilitate advancements in the study of 

22 the short-term and long-term psychological effects of 

23 post-traumatic stress disorder and other mental 

24 health conditions. 


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1 (6) To disseminate within the military medical 

2 treatment facilities of the Department best practices 

3 for training mental health professionals, including 

4 neurological health professionals, with respect to 

5 post-traumatic stress disorder and other mental 

6 health conditions. 

7 (7) To conduct basic science and translational 

8 research on post-traumatic stress disorder for the 

9 purposes of understanding the etiology of post-trau10 matic stress disorder and developing preventive 

11 interventions and new treatments. 

12 (8) To develop programs and outreach strate13 gies for families of members of the Armed Forces 

14 with post-traumatic stress disorder and other mental 

15 health conditions in order to mitigate the negative 

16 impacts of post-traumatic stress disorder and other 

17 mental health conditions on such family members 

18 and to support the recovery of such members from 

19 post-traumatic stress disorder and other mental 

20 health conditions. 

21 (9) To conduct research on the mental health 

22 needs of families of members of the Armed Forces 

23 with post-traumatic stress disorder and other mental 

24 health conditions and develop protocols to address 

25 any needs identified through such research. 


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1 (10) To develop and oversee a long-term plan to 

2 increase the number of mental health and neuro3 logical health professionals within the Department in 

4 order to facilitate the meeting by the Department of 

5 the needs of members of the Armed Forces with 

6 post-traumatic stress disorder and other mental 

7 health conditions until their transition to care and 

8 treatment from the Department of Veterans Affairs. 

9 SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAG10 NOSIS, MITIGATION, TREATMENT, AND REHA11 BILITATION OF MILITARY EYE INJURIES. 

12 (a) IN GENERAL.—The Secretary of Defense shall es13 tablish within the Department of Defense a center of ex14 cellence in the prevention, diagnosis, mitigation, treat15 ment, and rehabilitation of military eye injuries to carry 

16 out the responsibilities specified in subsection (c). 

17 (b) PARTNERSHIPS.—The Secretary shall ensure that 

18 the center collaborates to the maximum extent practicable 

19 with the Secretary of Veterans Affairs, institutions of 

20 higher education, and other appropriate public and private 

21 entities (including international entities) to carry out the 

22 responsibilities specified in subsection (c). 

23 (c) RESPONSIBILITIES.— 

24 (1) IN GENERAL.—The center shall— 


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1 (A) implement a comprehensive plan and 

2 strategy for the Department of Defense, as de3 veloped by the Secretary of Defense, for a reg4 istry of information for the tracking of the di5 agnosis, surgical intervention or other operative 

6 procedure, other treatment, and follow up for 

7 each case of significant eye injury incurred by 

8 a member of the Armed Forces while serving on 

9 active duty; 

10 (B) ensure the electronic exchange with 

11 the Secretary of Veterans Affairs of information 

12 obtained through tracking under subparagraph 

13 (A); and 

14 (C) enable the Secretary of Veterans Af15 fairs to access the registry and add information 

16 pertaining to additional treatments or surgical 

17 procedures and eventual visual outcomes for 

18 veterans who were entered into the registry and 

19 subsequently received treatment through the 

20 Veterans Health Administration. 

21 (2) DESIGNATION OF REGISTRY.—The registry 

22 under this subsection shall be known as the ‘‘Mili23 tary Eye Injury Registry’’ (hereinafter referred to as 

24 the ‘‘Registry’’). 


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1 (3) CONSULTATION IN DEVELOPMENT.—The 

2 center shall develop the Registry in consultation with 

3 the ophthalmological specialist personnel and opto4 metric specialist personnel of the Department of De5 fense and the ophthalmological specialist personnel 

6 and optometric specialist personnel of the Depart7 ment of Veterans Affairs. The mechanisms and pro8 cedures of the Registry shall reflect applicable expert 

9 research on military and other eye injuries. 

10 (4) MECHANISMS.—The mechanisms of the 

11 Registry for tracking under paragraph (1)(A) shall 

12 ensure that each military medical treatment facility 

13 or other medical facility shall submit to the center 

14 for inclusion in the Registry information on the di15 agnosis, surgical intervention or other operative pro16 cedure, other treatment, and follow up for each case 

17 of eye injury described in that paragraph as follows 

18 (to the extent applicable): 

19 (A) Not later than 30 days after surgery 

20 or other operative intervention, including a sur21 gery or other operative intervention carried out 

22 as a result of a follow-up examination. 

23 (B) Not later than 180 days after the sig24 nificant eye injury is reported or recorded in 

25 the medical record. 


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1 (5) COORDINATION OF CARE AND BENEFITS.— 

2 (A) The center shall provide notice to the Blind Re3 habilitation Service of the Department of Veterans 

4 Affairs and to the eye care services of the Veterans 

5 Health Administration on each member of the 

6 Armed Forces described in subparagraph (B) for 

7 purposes of ensuring the coordination of the provi8 sion of ongoing eye care and visual rehabilitation 

9 benefits and services by the Department of Veterans 

10 Affairs after the separation or release of such mem11 ber from the Armed Forces. 

12 (B) A member of the Armed Forces described 

13 in this subparagraph is a member of the Armed 

14 Forces as follows: 

15 (i) A member with a significant eye injury 

16 incurred while serving on active duty, including 

17 a member with visual dysfunction related to 

18 traumatic brain injury. 

19 (ii) A member with an eye injury incurred 

20 while serving on active duty who has a visual 

21 acuity of 20/200 or less in the injured eye. 

22 (iii) A member with an eye injury incurred 

23 while serving on active duty who has a loss of 

24 peripheral vision resulting in 20 degrees or less 

25 of visual field in the injured eye. 


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1 (d) UTILIZATION OF REGISTRY INFORMATION.—The 

2 Secretary of Defense and the Secretary of Veterans Af3 fairs shall jointly ensure that information in the Registry 

4 is available to appropriate ophthalmological and opto5 metric personnel of the Department of Defense and the 

6 Department of Veterans Affairs for purposes of encour7 aging and facilitating the conduct of research, and the de8 velopment of best practices and clinical education, on eye 

9 injuries incurred by members of the Armed Forces in com10 bat. 

11 (e) INCLUSION OF RECORDS OF OIF/OEF VET12 ERANS.—The Secretary of Defense shall take appropriate 

13 actions to include in the Registry such records of members 

14 of the Armed Forces who incurred an eye injury while 

15 serving on active duty on or after September 11, 2001, 

16 but before the establishment of the Registry, as the Sec17 retary considers appropriate for purposes of the Registry. 

18 (f) TRAUMATIC BRAIN INJURY POST TRAUMATIC

19 VISUAL SYNDROME.—In carrying out the program at 

20 Walter Reed Army Medical Center, District of Columbia, 

21 on traumatic brain injury post traumatic visual syndrome, 

22 the Secretary of Defense and the Department of Veterans 

23 Affairs shall jointly provide for the conduct of a coopera24 tive program for members of the Armed Forces and vet25 erans with traumatic brain injury by military medical 


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1 treatment facilities of the Department of Defense and 

2 medical centers of the Department of Veterans Affairs se3 lected for purposes of this subsection for purposes of vi4 sion screening, diagnosis, rehabilitative management, and 

5 vision research, including research on prevention, on visual 

6 dysfunction related to traumatic brain injury. 

7 SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF 

8 EXCELLENCE. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of the enactment of this Act, the Secretary of Defense 

11 shall submit to Congress a report on— 

12 (1) the establishment of the center of excellence 

13 in prevention, diagnosis, mitigation, treatment, and 

14 rehabilitation of traumatic brain injury under sec15 tion 1621; 

16 (2) the establishment of the center of excellence 

17 in prevention, diagnosis, mitigation, treatment, and 

18 rehabilitation of post-traumatic stress disorder and 

19 other mental health conditions under section 1622; 

20 and 

21 (3) the establishment of the center of excellence 

22 in prevention, diagnosis, mitigation, treatment, and 

23 rehabilitation of military eye injuries under section 

24 1623. 


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1 (b) MATTERS COVERED.—The report shall, for each 

2 such center— 

3 (1) describe in detail the activities and proposed 

4 activities of such center; and 

5 (2) assess the progress of such center in dis6 charging the responsibilities of such center. 

7 Subtitle C—Health Care Matters 

8 SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR 

9 MEMBERS AND FORMER MEMBERS OF THE 

10 ARMED FORCES WITH SEVERE INJURIES OR 

11 ILLNESSES. 

12 (a) MEDICAL AND DENTAL CARE FOR FORMER

13 MEMBERS.— 

14 (1) IN GENERAL.—Effective as of the date of 

15 the enactment of this Act and subject to regulations 

16 prescribed by the Secretary of Defense, the Sec17 retary may authorize that any former member of the 

18 Armed Forces with a serious injury or illness may 

19 receive the same medical and dental care as a mem20 ber of the Armed Forces on active duty for medical 

21 and dental care not reasonably available to such 

22 former member in the Department of Veterans Af23 fairs. 

24 (2) SUNSET.—The Secretary of Defense may 

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1 ber of the Armed Forces under this subsection after 

2 December 31, 2012, if the Secretary has not pro3 vided medical or dental care to the former member 

4 under this subsection before that date. 

5 (b) REHABILITATION AND VOCATIONAL BENEFITS.— 

6 (1) IN GENERAL.—Effective as of the date of 

7 the enactment of this Act, a member of the Armed 

8 Forces with a severe injury or illness is entitled to 

9 such benefits (including rehabilitation and vocational 

10 benefits, but not including compensation) from the 

11 Secretary of Veterans Affairs to facilitate the recov12 ery and rehabilitation of such member as the Sec13 retary otherwise provides to veterans of the Armed 

14 Forces receiving medical care in medical facilities of 

15 the Department of Veterans Affairs facilities in 

16 order to facilitate the recovery and rehabilitation of 

17 such members. 

18 (2) SUNSET.—The Secretary of Veterans Af19 fairs may not provide benefits to a member of the 

20 Armed Forces under this subsection after December 

21 31, 2012, if the Secretary has not provided benefits 

22 to the member under this subsection before that 

23 date. 


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1 SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RE2 TIRED MEMBERS WITH COMBAT-RELATED 

3 DISABILITIES FOR FOLLOW-ON SPECIALTY 

4 CARE, SERVICES, AND SUPPLIES. 

5 (a) TRAVEL.—Section 1074i of title 10, United 

6 States Code, is amended— 

7 (1) by redesignating subsection (b) as sub8 section (c); and 

9 (2) by inserting after subsection (a) the fol10 lowing new subsection (b): 

11 ‘‘(b) OUTREACH PROGRAM AND TRAVEL REIM12 BURSEMENT FOR FOLLOW-ON SPECIALTY CARE AND RE13 LATED SERVICES.—The Secretary concerned shall ensure 

14 that an outreach program is implemented for each mem15 ber of the uniformed services who incurred a combat-re16 lated disability and is entitled to retired or retainer pay, 

17 or equivalent pay, so that— 

18 ‘‘(1) the progress of the member is closely mon19 itored; and 

20 ‘‘(2) the member receives the travel reimburse21 ment authorized by subsection (a) whenever the 

22 member requires follow-on specialty care, services, or 

23 supplies.’’. 

24 (b) COMBAT-RELATED DISABILITY DEFINED.—Sub25 section (c) of such section, as redesignated by subsection 


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1 (a)(1), is amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) The term ‘combat-related disability’ has 

4 the meaning given that term in section 1413a of this 

5 title.’’. 

6 (c) EFFECTIVE DATE.—Subsection (b) of section 

7 1074i of title 10, United States Code, as added by sub8 section (a)(2), shall apply with respect to travel described 

9 in subsection (a) of such section that occurs on or after 

10 January 1, 2008, for follow-on specialty care, services, or 

11 supplies. 

12 SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE 

13 BENEFITS FOR MEMBERS OF THE UNI14 FORMED SERVICES WHO INCUR A SERIOUS 

15 INJURY OR ILLNESS ON ACTIVE DUTY. 

16 (a) IN GENERAL.—Section 1074(c) of title 10, 

17 United States Code, is amended by adding at the end the 

18 following new paragraph: 

19 ‘‘(4)(A) Subject to such terms and conditions as the 

20 Secretary of Defense considers appropriate, coverage com21 parable to that provided by the Secretary under sub22 sections (d) and (e) of section 1079 of this title shall be 

23 provided under this subsection to members of the uni24 formed services who incur a serious injury or illness on 


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1 active duty as defined by regulations prescribed by the 

2 Secretary. 

3 ‘‘(B) The Secretary of Defense shall prescribe in reg4 ulations— 

5 ‘‘(i) the individuals who shall be treated as the 

6 primary caregivers of a member of the uniformed 

7 services for purposes of this paragraph; and 

8 ‘‘(ii) the definition of serious injury or illness 

9 for the purposes of this paragraph.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on January 1, 2008. 

12 SEC. 1634. REPORTS. 

13 (a) REPORTS ON IMPLEMENTATION OF CERTAIN RE14 QUIREMENTS.—Not later than 90 days after the date of 

15 the enactment of this Act, the Secretary of Defense shall 

16 submit to the congressional defense committees a report 

17 describing the progress in implementing the requirements 

18 as follows: 

19 (1) The requirements of section 721 of the 

20 John Warner National Defense Authorization Act 

21 for Fiscal Year 2007 (Public Law 109–364; 120 

22 Stat. 2294), relating to a longitudinal study on trau23 matic brain injury incurred by members of the 

24 Armed Forces in Operation Iraqi Freedom and Op25 eration Enduring Freedom. 


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1 (2) The requirements of section 741 of the 

2 John Warner National Defense Authorization Act 

3 for Fiscal Year 2007 (120 Stat. 2304), relating to 

4 pilot projects on early diagnosis and treatment of 

5 post-traumatic stress disorder and other mental 

6 health conditions. 

7 (b) ANNUAL REPORTS ON EXPENDITURES FOR AC8 TIVITIES ON TBI AND PTSD.— 

9 (1) REPORTS REQUIRED.—Not later than 

10 March 1, 2008, and each year thereafter through 

11 2013, the Secretary of Defense shall submit to the 

12 congressional defense committees a report setting 

13 forth the amounts expended by the Department of 

14 Defense during the preceding calendar year on ac15 tivities described in paragraph (2), including the 

16 amount allocated during such calendar year to the 

17 Defense and Veterans Brain Injury Center of the 

18 Department. 

19 (2) COVERED ACTIVITIES.—The activities de20 scribed in this paragraph are activities as follows: 

21 (A) Activities relating to the improved di22 agnosis, treatment, and rehabilitation of mem23 bers of the Armed Forces with traumatic brain 

24 injury (TBI). 


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1 (B) Activities relating to the improved di2 agnosis, treatment, and rehabilitation of mem3 bers of the Armed Forces with post-traumatic 

4 stress disorder (PTSD). 

5 (3) ELEMENTS.—Each report under paragraph 

6 (1) shall include— 

7 (A) a description of the amounts expended 

8 as described in that paragraph, including a de9 scription of the activities for which expended; 

10 (B) a description and assessment of the 

11 outcome of such activities; 

12 (C) a statement of priorities of the Depart13 ment in activities relating to the prevention, di14 agnosis, research, treatment, and rehabilitation 

15 of traumatic brain injury in members of the 

16 Armed Forces during the year in which such re17 port is submitted and in future calendar years; 

18 (D) a statement of priorities of the De19 partment in activities relating to the prevention, 

20 diagnosis, research, treatment, and rehabilita21 tion of post-traumatic stress disorder and other 

22 mental health conditions in members of the 

23 Armed Forces during the year in which such re24 port is submitted and in future calendar years; 

25 and 


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1 (E) an assessment of the progress made 

2 toward achieving the priorities stated in sub3 paragraphs (C) and (D) in the report under 

4 paragraph (1) in the previous year, and a de5 scription of any actions planned during the year 

6 in which such report is submitted to achieve 

7 any unfulfilled priorities during such year. 

8 SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PER9 SONAL HEALTH INFORMATION FOR THE DE10 PARTMENT OF DEFENSE AND DEPARTMENT 

11 OF VETERANS AFFAIRS. 

12 (a) IN GENERAL.—The Secretary of Defense and the 

13 Secretary of Veterans Affairs shall jointly— 

14 (1) develop and implement electronic health 

15 record systems or capabilities that allow for full 

16 interoperability of personal health care information 

17 between the Department of Defense and the Depart18 ment of Veterans Affairs; and 

19 (2) accelerate the exchange of health care infor20 mation between the Department of Defense and the 

21 Department of Veterans Affairs in order to support 

22 the delivery of health care by both Departments. 

23 (b) DEPARTMENT OF DEFENSE-DEPARTMENT OF

24 VETERANS AFFAIRS INTERAGENCY PROGRAM OFFICE.— 


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1 (1) IN GENERAL.—There is hereby established 

2 an interagency program office of the Department of 

3 Defense and the Department of Veterans Affairs (in 

4 this section referred to as the ‘‘Office’’) for the pur5 poses described in paragraph (2). 

6 (2) PURPOSES.—The purposes of the Office 

7 shall be as follows: 

8 (A) To act as a single point of account9 ability for the Department of Defense and the 

10 Department of Veterans Affairs in the rapid de11 velopment and implementation of electronic 

12 health record systems or capabilities that allow 

13 for full interoperability of personal health care 

14 information between the Department of Defense 

15 and the Department of Veterans Affairs. 

16 (B) To accelerate the exchange of health 

17 care information between the Department of 

18 Defense and the Department of Veterans Af19 fairs in order to support the delivery of health 

20 care by both Departments. 

21 (c) LEADERSHIP.— 

22 (1) DIRECTOR.—The Director of the Office 

23 shall be the head of the Office. 

24 (2) DEPUTY DIRECTOR.—The Deputy Director 

25 of the Office shall be the deputy head of the Office 


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1 and shall assist the Director in carrying out the du2 ties of the Director. 

3 (3) APPOINTMENTS.—(A) The Director shall be 

4 appointed by the Secretary of Defense, with the con5 currence of the Secretary of Veterans Affairs, from 

6 among persons who are qualified to direct the devel7 opment, acquisition, and integration of major infor8 mation technology capabilities. 

9 (B) The Deputy Director shall be appointed by 

10 the Secretary of Veterans Affairs, with the concur11 rence of the Secretary of Defense, from among em12 ployees of the Department of Defense and the De13 partment of Veterans Affairs in the Senior Execu14 tive Service who are qualified to direct the develop15 ment, acquisition, and integration of major informa16 tion technology capabilities. 

17 (4) ADDITIONAL GUIDANCE.—In addition to the 

18 direction, supervision, and control provided by the 

19 Secretary of Defense and the Secretary of Veterans 

20 Affairs, the Office shall also receive guidance from 

21 the Department of Veterans Affairs-Department of 

22 Defense Joint Executive Committee under section 

23 320 of title 38, United States Code, in the discharge 

24 of the functions of the Office under this section. 


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1 (5) TESTIMONY.—Upon request by any of the 

2 appropriate committees of Congress, the Director 

3 and the Deputy Director shall testify before such 

4 committee regarding the discharge of the functions 

5 of the Office under this section. 

6 (d) FUNCTION.—The function of the Office shall be 

7 to implement, by not later than September 30, 2009, elec8 tronic health record systems or capabilities that allow for 

9 full interoperability of personal health care information be10 tween the Department of Defense and the Department of 

11 Veterans Affairs, which health records shall comply with 

12 applicable interoperability standards, implementation 

13 specifications, and certification criteria (including for the 

14 reporting of quality measures) of the Federal Government. 

15 (e) SCHEDULES AND BENCHMARKS.—Not later than 

16 30 days after the date of the enactment of this Act, the 

17 Secretary of Defense and the Secretary of Veterans Af18 fairs shall jointly establish a schedule and benchmarks for 

19 the discharge by the Office of its function under this sec20 tion, including each of the following: 

21 (1) A schedule for the establishment of the Of22 fice. 

23 (2) A schedule and deadline for the establish24 ment of the requirements for electronic health record 

25 systems or capabilities described in subsection (d), 


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1 including coordination with the Office of the Na2 tional Coordinator for Health Information Tech3 nology in the development of a nationwide interoper4 able health information technology infrastructure. 

5 (3) A schedule and associated deadlines for any 

6 acquisition and testing required in the implementa7 tion of electronic health record systems or capabili8 ties that allow for full interoperability of personal 

9 health care information between the Department of 

10 Defense and the Department of Veterans Affairs. 

11 (4) A schedule and associated deadlines and re12 quirements for the implementation of electronic 

13 health record systems or capabilities that allow for 

14 full interoperability of personal health care informa15 tion between the Department of Defense and the 

16 Department of Veterans Affairs. 

17 (f) PILOT PROJECTS.— 

18 (1) AUTHORITY.—In order to assist the Office 

19 in the discharge of its function under this section, 

20 the Secretary of Defense and the Secretary of Vet21 erans Affairs may, acting jointly, carry out one or 

22 more pilot projects to assess the feasibility and ad23 visability of various technological approaches to the 

24 achievement of the electronic health record systems 

25 or capabilities described in subsection (d). 


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1 (2) SHARING OF PROTECTED HEALTH INFOR2 MATION.—For purposes of each pilot project carried 

3 out under this subsection, the Secretary of Defense 

4 and the Secretary of Veterans Affairs shall, for pur5 poses of the regulations promulgated under section 

6 264(c) of the Health Insurance Portability and Ac7 countability Act of 1996 (42 U.S.C. 1320d–2 note), 

8 ensure the effective sharing of protected health in9 formation between the health care system of the De10 partment of Defense and the health care system of 

11 the Department of Veterans Affairs as needed to 

12 provide all health care services and other benefits al13 lowed by law. 

14 (g) STAFF AND OTHER RESOURCES.— 

15 (1) IN GENERAL.—The Secretary of Defense 

16 and the Secretary of Veterans Affairs shall assign to 

17 the Office such personnel and other resources of the 

18 Department of Defense and the Department of Vet19 erans Affairs as are required for the discharge of its 

20 function under this section. 

21 (2) ADDITIONAL SERVICES.—Subject to the ap22 proval of the Secretary of Defense and the Secretary 

23 of Veterans Affairs, the Director may utilize the 

24 services of private individuals and entities as con25 sultants to the Office in the discharge of its function 


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1 under this section. Amounts available to the Office 

2 shall be available for payment for such services. 

3 (h) ANNUAL REPORTS.— 

4 (1) IN GENERAL.—Not later than January 1, 

5 2009, and each year thereafter through 2014, the 

6 Director shall submit to the Secretary of Defense 

7 and the Secretary of Veterans Affairs, and to the 

8 appropriate committees of Congress, a report on the 

9 activities of the Office during the preceding calendar 

10 year. Each report shall include, for the year covered 

11 by such report, the following: 

12 (A) A detailed description of the activities 

13 of the Office, including a detailed description of 

14 the amounts expended and the purposes for 

15 which expended. 

16 (B) An assessment of the progress made 

17 by the Department of Defense and the Depart18 ment of Veterans Affairs in the full implemen19 tation of electronic health record systems or ca20 pabilities described in subsection (d). 

21 (2) AVAILABILITY TO PUBLIC.—The Secretary 

22 of Defense and the Secretary of Veterans Affairs 

23 shall make available to the public each report sub24 mitted under paragraph (1), including by posting 

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1 ment of Defense and the Department of Veterans 

2 Affairs, respectively, that is available to the public. 

3 (i) COMPTROLLER GENERAL ASSESSMENT OF IM4 PLEMENTATION.—Not later than six months after the 

5 date of the enactment of this Act and every six months 

6 thereafter until the completion of the implementation of 

7 electronic health record systems or capabilities described 

8 in subsection (d), the Comptroller General of the United 

9 States shall submit to the appropriate committees of Con10 gress a report setting forth the assessment of the Comp11 troller General of the progress of the Department of De12 fense and the Department of Veterans Affairs in imple13 menting electronic health record systems or capabilities 

14 described in subsection (d). 

15 SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE 

16 DEPARTMENT OF DEFENSE FOR HEALTH 

17 CARE PROFESSIONALS FOR CARE AND 

18 TREATMENT OF WOUNDED AND INJURED 

19 MEMBERS OF THE ARMED FORCES. 

20 (a) IN GENERAL.—Section 1599c of title 10, United 

21 States Code, is amended to read as follows: 


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1 ‘‘§ 1599c. Health care professionals: enhanced ap2 pointment and compensation authority 

3 for personnel for care and treatment of 

4 wounded and injured members of the 

5 armed forces 

6 ‘‘(a) IN GENERAL.—The Secretary of Defense may, 

7 at the discretion of the Secretary, exercise any authority 

8 for the appointment and pay of health care personnel 

9 under chapter 74 of title 38 for purposes of the recruit10 ment, employment, and retention of civilian health care 

11 professionals for the Department of Defense if the Sec12 retary determines that the exercise of such authority is 

13 necessary in order to provide or enhance the capacity of 

14 the Department to provide care and treatment for mem15 bers of the armed forces who are wounded or injured on 

16 active duty in the armed forces and to support the ongoing 

17 patient care and medical readiness, education, and train18 ing requirements of the Department of Defense. 

19 ‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secre20 taries of the military departments shall each develop and 

21 implement a strategy to disseminate among appropriate 

22 personnel of the military departments authorities and best 

23 practices for the recruitment of medical and health profes24 sionals, including the authorities under subsection (a). 

25 ‘‘(2) Each strategy under paragraph (1) shall— 


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1 ‘‘(A) assess current recruitment policies, proce2 dures, and practices of the military department con3 cerned to assure that such strategy facilitates the 

4 implementation of efficiencies which reduce the time 

5 required to fill vacant positions for medical and 

6 health professionals; and 

7 ‘‘(B) clearly identify processes and actions that 

8 will be used to inform and educate military and civil9 ian personnel responsible for the recruitment of 

10 medical and health professionals. 

11 ‘‘(c) TERMINATION OF AUTHORITY.—The authority 

12 of the Secretary of Defense to exercise authorities avail13 able under chapter 74 of title 38 for purposes of the re14 cruitment, employment, and retention of civilian health 

15 care professionals for the Department of Defense expires 

16 September 30, 2010.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 81 of such title is amended 

19 by striking the item relating to section 1599c and insert20 ing 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.’’. 

21 (c) REPORTS ON STRATEGIES ON RECRUITMENT OF

22 MEDICAL AND HEALTH PROFESSIONALS.—Not later than 

23 six months after the date of the enactment of this Act, 

24 each Secretary of a military department shall submit to 


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1 the congressional defense committees a report setting 

2 forth the strategy developed by such Secretary under sec3 tion 1599c(b) of title 10, United States Code, as added 

4 by subsection (a). 

5 SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BEN6 EFITS FOR MEMBERS OF THE ARMED 

7 FORCES PENDING RESOLUTION OF SERVICE8 RELATED MEDICAL CONDITIONS. 

9 Section 1145(a) of title 10, United States Code, is 

10 amended— 

11 (1) in paragraph (3), by striking ‘‘Transitional 

12 health care’’ and inserting ‘‘Except as provided in 

13 paragraph (6), transitional health care’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6)(A) A member who has a medical condition relat17 ing to service on active duty that warrants further medical 

18 care that has been identified during the member’s 180- 

19 day transition period, which condition can be resolved 

20 within 180 days as determined by a Department of De21 fense physician, shall be entitled to receive medical and 

22 dental care for that medical condition, and that medical 

23 condition only, as if the member were a member of the 

24 armed forces on active duty for 180 days following the 

25 diagnosis of the condition. 


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1 ‘‘(B) The Secretary concerned shall ensure that the 

2 Defense Enrollment and Eligibility Reporting System 

3 (DEERS) is continually updated in order to reflect the 

4 continuing entitlement of members covered by subpara5 graph (A) to the medical and dental care referred to in 

6 that subparagraph.’’. 

7 Subtitle D—Disability Matters 

8 SEC. 1641. UTILIZATION OF VETERANS’ PRESUMPTION OF 

9 SOUND CONDITION IN ESTABLISHING ELIGI10 BILITY OF MEMBERS OF THE ARMED FORCES 

11 FOR RETIREMENT FOR DISABILITY. 

12 (a) RETIREMENT OF REGULARS AND MEMBERS ON

13 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Clause (i) of 

14 section 1201(b)(3)(B) of title 10, United States Code, is 

15 amended to read as follows: 

16 ‘‘(i) the member has six months or 

17 more of active military service and the dis18 ability was not noted at the time of the 

19 member’s entrance on active duty (unless 

20 compelling evidence or medical judgment is 

21 such to warrant a finding that the dis22 ability existed before the member’s en23 trance on active duty);’’. 

24 (b) SEPARATION OF REGULARS AND MEMBERS ON

25 ACTIVE DUTY FOR MORE THAN 30 DAYS.—Section 


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1 1203(b)(4)(B) of such title is amended by striking ‘‘and 

2 the member has at least eight years of service computed 

3 under section 1208 of this title’’ and inserting ‘‘, the mem4 ber has six months or more of active military service, and 

5 the disability was not noted at the time of the member’s 

6 entrance on active duty (unless evidence or medical judg7 ment is such to warrant a finding that the disability ex8 isted before the member’s entrance on active duty)’’. 

9 SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPART10 MENT OF DEFENSE DETERMINATIONS OF 

11 DISABILITY WITH RESPECT TO MEMBERS OF 

12 THE ARMED FORCES. 

13 (a) IN GENERAL.—Chapter 61 of title 10, United 

14 States Code, is amended by inserting after section 1216 

15 the following new section: 

16 ‘‘§ 1216a. Determinations of disability: requirements 

17 and limitations on determinations 

18 ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING

19 DISABILITIES IN DETERMINATIONS OF DISABILITY.—(1) 

20 In making a determination of disability of a member of 

21 the armed forces for purposes of this chapter, the Sec22 retary concerned— 

23 ‘‘(A) shall, to the extent feasible, utilize the 

24 schedule for rating disabilities in use by the Depart25 ment of Veterans Affairs, including any applicable 


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1 interpretation of the schedule by the United States 

2 Court of Appeals for Veterans Claims; and 

3 ‘‘(B) except as provided in paragraph (2), may 

4 not deviate from the schedule or any such interpre5 tation of the schedule. 

6 ‘‘(2) In making a determination described in para7 graph (1), the Secretary concerned may utilize in lieu of 

8 the schedule described in that paragraph such criteria as 

9 the Secretary of Defense and the Secretary of Veterans 

10 Affairs may jointly prescribe for purposes of this sub11 section if the utilization of such criteria will result in a 

12 determination of a greater percentage of disability than 

13 would be otherwise determined through the utilization of 

14 the schedule. 

15 ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI16 TIONS.—In making a determination of the rating of dis17 ability of a member of the armed forces for purposes of 

18 this chapter, the Secretary concerned shall take into ac19 count all medical conditions, whether individually or collec20 tively, that render the member unfit to perform the duties 

21 of the member’s office, grade, rank, or rating.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 61 of such title is amended 

24 by inserting after the item relating to section 1216 the 

25 following new item: 


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‘‘1216a. Determinations of disability: requirements and limitations on determinations.’’. 

1 SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE 

2 ARMED FORCES SEPARATED FROM SERVICE 

3 WITH A DISABILITY RATING OF 20 PERCENT 

4 DISABLED OR LESS. 

5 (a) BOARD REQUIRED.— 

6 (1) IN GENERAL.—Chapter 79 of title 10, 

7 United States Code, is amended by inserting after 

8 section 1554 the following new section: 

9 ‘‘§ 1554a. Review of separation with disability rating 

10 of 20 percent disabled or less 

11 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense 

12 shall establish within the Office of the Secretary of De13 fense a board of review to review the disability determina14 tions of covered individuals by Physical Evaluation 

15 Boards. The board shall be known as the ‘Physical Dis16 ability Board of Review’. 

17 ‘‘(2) The Physical Disability Board of Review shall 

18 consist of not less than three members appointed by the 

19 Secretary. 

20 ‘‘(b) COVERED INDIVIDUALS.—For purposes of this 

21 section, covered individuals are members and former mem22 bers of the armed forces who, during the period beginning 

23 on September 11, 2001, and ending on December 31, 

24 2009— 


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1 ‘‘(1) are separated from the armed forces due 

2 to unfitness for duty due to a medical condition with 

3 a disability rating of 20 percent disabled or less; and 

4 ‘‘(2) are found to be not eligible for retirement. 

5 ‘‘(c) REVIEW.—(1) Upon the request of a covered in6 dividual, or a surviving spouse, next of kin, or legal rep7 resentative of a covered individual, the Physical Disability 

8 Board of Review shall review the findings and decisions 

9 of the Physical Evaluation Board with respect to such cov10 ered individual. Subject to paragraph (3), upon its own 

11 motion, the Physical Disability Board of Review may re12 view the findings and decisions of the Physical Evaluation 

13 Board with respect to a covered individual. 

14 ‘‘(2) The review by the Physical Disability Board of 

15 Review under paragraph (1) shall be based on the records 

16 of the armed force concerned and such other evidence as 

17 may be presented to the Physical Disability Board of Re18 view. A witness may present evidence to the Board by affi19 davit or by any other means considered acceptable by the 

20 Secretary of Defense. 

21 ‘‘(3) If the Physical Disability Board of Review pro22 poses to review, upon its own motion, the findings and 

23 decisions of the Physical Evaluation Board with respect 

24 to a covered individual, the Physical Disability Board of 

25 Review shall notify the covered individual, or a surviving 


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1 spouse, next of kin, or legal representative of the covered 

2 individual, of the proposed review and obtain the consent 

3 of the covered individual or a surviving spouse, next of 

4 kin, or legal representative of the covered individual before 

5 proceeding with the review. 

6 ‘‘(4) With respect to any review by the Physical Dis7 ability Board of Review of the findings and decisions of 

8 the Physical Evaluation Board with respect to a covered 

9 individual, whether initiated at the request of the covered 

10 individual or a surviving spouse, next of kin, or legal rep11 resentative of the covered individual or initiated by the 

12 Physical Disability Board of Review, the Physical Dis13 ability Board of Review shall notify the covered individual 

14 or a surviving spouse, next of kin, or legal representative 

15 of the covered individual that, as a result of the request 

16 or consent, the covered individual or a surviving spouse, 

17 next of kin, or legal representative of the covered indi18 vidual may not seek relief from the Board for Correction 

19 of Military Records operated by the Secretary concerned. 

20 ‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Phys21 ical Disability Board of Review may, as a result of its find22 ings under a review under subsection (c), recommend to 

23 the Secretary concerned the following (as applicable) with 

24 respect to a covered individual: 


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1 ‘‘(1) No recharacterization of the separation of 

2 such individual or modification of the disability rat3 ing previously assigned such individual. 

4 ‘‘(2) The recharacterization of the separation of 

5 such individual to retirement for disability. 

6 ‘‘(3) The modification of the disability rating 

7 previously assigned such individual by the Physical 

8 Evaluation Board concerned, which modified dis9 ability rating may not be a reduction of the dis10 ability rating previously assigned such individual by 

11 that Physical Evaluation Board. 

12 ‘‘(4) The issuance of a new disability rating for 

13 such individual. 

14 ‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The 

15 Secretary concerned may correct the military records of 

16 a covered individual in accordance with a recommendation 

17 made by the Physical Disability Board of Review under 

18 subsection (d). Any such correction may be made effective 

19 as of the effective date of the action taken on the report 

20 of the Physical Evaluation Board to which such rec21 ommendation relates. 

22 ‘‘(2) In the case of a member previously separated 

23 pursuant to the findings and decision of a Physical Eval24 uation Board together with a lump-sum or other payment 

25 of back pay and allowances at separation, the amount of 


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1 pay or other monetary benefits to which such member 

2 would be entitled based on the member’s military record 

3 as corrected shall be reduced to take into account receipt 

4 of such lump-sum or other payment in such manner as 

5 the Secretary of Defense considers appropriate. 

6 ‘‘(3) If the Physical Disability Board of Review 

7 makes a recommendation not to correct the military 

8 records of a covered individual, the action taken on the 

9 report of the Physical Evaluation Board to which such rec10 ommendation relates shall be treated as final as of the 

11 date of such action. 

12 ‘‘(f) REGULATIONS.—(1) This section shall be carried 

13 out in accordance with regulations prescribed by the Sec14 retary of Defense. 

15 ‘‘(2) The regulations under paragraph (1) shall speci16 fy reasonable deadlines for the performance of reviews re17 quired by this section. 

18 ‘‘(3) The regulations under paragraph (1) shall speci19 fy the effect of a determination or pending determination 

20 of a Physical Evaluation Board on considerations by 

21 boards for correction of military records under section 

22 1552 of this title.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 79 of such title is 


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1 amended by inserting after the item relating to sec2 tion 1554 the following new item: 

‘‘1554a. Review of separation with disability rating of 20 percent disabled or 

less.’’. 

3 (b) IMPLEMENTATION.—The Secretary of Defense 

4 shall establish the board of review required by section 

5 1554a of title 10, United States Code (as added by sub6 section (a)), and prescribe the regulations required by 

7 such section, not later than 90 days after the date of the 

8 enactment of this Act. 

9 SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IM10 PROVE THE DISABILITY EVALUATION SYS11 TEM FOR MEMBERS OF THE ARMED FORCES. 

12 (a) PILOT PROGRAMS.— 

13 (1) PROGRAMS AUTHORIZED.—For the pur14 poses set forth in subsection (c), the Secretary of 

15 Defense may establish and conduct pilot programs 

16 with respect to the system of the Department of De17 fense for the evaluation of the disabilities of mem18 bers of the Armed Forces who are being separated 

19 or retired from the Armed Forces for disability 

20 under chapter 61 of title 10, United States Code (in 

21 this section referred to as the ‘‘disability evaluation 

22 system’’). 

23 (2) TYPES OF PILOT PROGRAMS.—In carrying 

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1 duct one or more of the pilot programs described in 

2 paragraphs (1) through (3) of subsection (b) or such 

3 other pilot programs as the Secretary of Defense 

4 considers appropriate. 

5 (3) CONSULTATION.—In establishing and con6 ducting any pilot program under this section, the 

7 Secretary of Defense shall consult with the Secretary 

8 of Veterans Affairs. 

9 (b) SCOPE OF PILOT PROGRAMS.— 

10 (1) DISABILITY DETERMINATIONS BY DOD UTI11 LIZING VA ASSIGNED DISABILITY RATING.—Under 

12 one of the pilot programs authorized by subsection 

13 (a), for purposes of making a determination of dis14 ability of a member of the Armed Forces under sec15 tion 1201(b) of title 10, United States Code, for the 

16 retirement, separation, or placement of the member 

17 on the temporary disability retired list under chapter 

18 61 of such title, upon a determination by the Sec19 retary of the military department concerned that the 

20 member is unfit to perform the duties of the mem21 ber’s office, grade, rank, or rating because of a 

22 physical disability as described in section 1201(a) of 

23 such title— 

24 (A) the Secretary of Veterans Affairs 

25 may— 


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1 (i) conduct an evaluation of the mem2 ber for physical disability; and 

3 (ii) assign the member a rating of dis4 ability in accordance with the schedule for 

5 rating disabilities utilized by the Secretary 

6 of Veterans Affairs based on all medical 

7 conditions (whether individually or collec8 tively) that render the member unfit for 

9 duty; and 

10 (B) the Secretary of the military depart11 ment concerned may make the determination of 

12 disability regarding the member utilizing the 

13 rating of disability assigned under subpara14 graph (A)(ii). 

15 (2) DISABILITY DETERMINATIONS UTILIZING

16 JOINT DOD/VA ASSIGNED DISABILITY RATING.— 

17 Under one of the pilot programs authorized by sub18 section (a), in making a determination of disability 

19 of a member of the Armed Forces under section 

20 1201(b) of title 10, United States Code, for the re21 tirement, separation, or placement of the member on 

22 the temporary disability retired list under chapter 61 

23 of such title, the Secretary of the military depart24 ment concerned may, upon determining that the 

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1 ber’s office, grade, rank, or rating because of a 

2 physical disability as described in section 1201(a) of 

3 such title— 

4 (A) provide for the joint evaluation of the 

5 member for disability by the Secretary of the 

6 military department concerned and the Sec7 retary of Veterans Affairs, including the assign8 ment of a rating of disability for the member in 

9 accordance with the schedule for rating disabil10 ities utilized by the Secretary of Veterans Af11 fairs based on all medical conditions (whether 

12 individually or collectively) that render the 

13 member unfit for duty; and 

14 (B) make the determination of disability 

15 regarding the member utilizing the rating of 

16 disability assigned under subparagraph (A). 

17 (3) ELECTRONIC CLEARING HOUSE.—Under 

18 one of the pilot programs authorized by subsection 

19 (a), the Secretary of Defense may establish and op20 erate a single Internet website for the disability eval21 uation system of the Department of Defense that 

22 enables participating members of the Armed Forces 

23 to fully utilize such system through the Internet, 

24 with such Internet website to include the following: 


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1 (A) The availability of any forms required 

2 for the utilization of the disability evaluation 

3 system by members of the Armed Forces under 

4 the system. 

5 (B) Secure mechanisms for the submission 

6 of such forms by members of the Armed Forces 

7 under the system, and for the tracking of the 

8 acceptance and review of any forms so sub9 mitted. 

10 (C) Secure mechanisms for advising mem11 bers of the Armed Forces under the system of 

12 any additional information, forms, or other 

13 items that are required for the acceptance and 

14 review of any forms so submitted. 

15 (D) The continuous availability of assist16 ance to members of the Armed Forces under 

17 the system (including assistance through the 

18 caseworkers assigned to such members of the 

19 Armed Forces) in submitting and tracking such 

20 forms, including assistance in obtaining infor21 mation, forms, or other items described by sub22 paragraph (C). 

23 (E) Secure mechanisms to request and re24 ceive personnel files or other personnel records 

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1 tem that are required for submission under the 

2 disability evaluation system, including the capa3 bility to track requests for such files or records 

4 and to determine the status of such requests 

5 and of responses to such requests. 

6 (4) OTHER PILOT PROGRAMS.—The pilot pro7 grams authorized by subsection (a) may also provide 

8 for the development, evaluation, and identification of 

9 such practices and procedures under the disability 

10 evaluation system as the Secretary considers appro11 priate for purposes set forth in subsection (c). 

12 (c) PURPOSES.—A pilot program established under 

13 subsection (a) may have one or more of the following pur14 poses: 

15 (1) To provide for the development, evaluation, 

16 and identification of revised and improved practices 

17 and procedures under the disability evaluation sys18 tem in order to— 

19 (A) reduce the processing time under the 

20 disability evaluation system of members of the 

21 Armed Forces who are likely to be retired or 

22 separated for disability, and who have not re23 quested continuation on active duty, including, 

24 in particular, members who are severely wound25 ed; 


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1 (B) identify and implement or seek the 

2 modification of statutory or administrative poli3 cies and requirements applicable to the dis4 ability evaluation system that— 

5 (i) are unnecessary or contrary to ap6 plicable best practices of civilian employers 

7 and civilian healthcare systems; or 

8 (ii) otherwise result in hardship, arbi9 trary, or inconsistent outcomes for mem10 bers of the Armed Forces, or unwarranted 

11 inefficiencies and delays; 

12 (C) eliminate material variations in poli13 cies, interpretations, and overall performance 

14 standards among the military departments 

15 under the disability evaluation system; and 

16 (D) determine whether it enhances the ca17 pability of the Department of Veterans Affairs 

18 to receive and determine claims from members 

19 of the Armed Forces for compensation, pension, 

20 hospitalization, or other veterans benefits. 

21 (2) In conjunction with the findings and rec22 ommendations of applicable Presidential and De23 partment of Defense study groups, to provide for the 

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1 tem in order to achieve the objectives set forth in 

2 paragraph (1). 

3 (d) UTILIZATION OF RESULTS IN UPDATES OF COM4 PREHENSIVE POLICY ON CARE, MANAGEMENT, AND

5 TRANSITION OF RECOVERING SERVICE MEMBERS.—The 

6 Secretary of Defense and the Secretary of Veterans Af7 fairs, acting jointly, may incorporate responses to any 

8 findings and recommendations arising under the pilot pro9 grams conducted under subsection (a) in updating the 

10 comprehensive policy on the care and management of cov11 ered service members under section 1611(a)(4). 

12 (e) CONSTRUCTION WITH OTHER AUTHORITIES.— 

13 (1) IN GENERAL.—Subject to paragraph (2), in 

14 carrying out a pilot program under subsection (a)— 

15 (A) the rules and regulations of the De16 partment of Defense and the Department of 

17 Veterans Affairs relating to methods of deter18 mining fitness or unfitness for duty and dis19 ability ratings for members of the Armed 

20 Forces shall apply to the pilot program only to 

21 the extent provided in the report on the pilot 

22 program under subsection (g)(1); and 

23 (B) the Secretary of Defense and the Sec24 retary of Veterans Affairs may waive any provi25 sion of title 10, 37, or 38, United States Code, 


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1 relating to methods of determining fitness or 

2 unfitness for duty and disability ratings for 

3 members of the Armed Forces if the Secretaries 

4 determine in writing that the application of 

5 such provision would be inconsistent with the 

6 purpose of the pilot program. 

7 (2) LIMITATION.—Nothing in paragraph (1) 

8 shall be construed to authorize the waiver of any 

9 provision of section 1216a of title 10, United States 

10 Code, as added by section 1642 of this Act. 

11 (f) DURATION.—Each pilot program conducted under 

12 subsection (a) shall be completed not later than one year 

13 after the date of the commencement of such pilot program 

14 under that subsection. 

15 (g) REPORTS.— 

16 (1) INITIAL REPORT.—Not later than 90 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the appropriate 

19 committees of Congress a report on each pilot pro20 gram that has been commenced as of that date 

21 under subsection (a). The report shall include— 

22 (A) a description of the scope and objec23 tives of the pilot program; 

24 (B) a description of the methodology to be 

25 used under the pilot program to ensure rapid 


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1 identification under such pilot program of re2 vised or improved practices under the disability 

3 evaluation system in order to achieve the objec4 tives set forth in subsection (c)(1); and 

5 (C) a statement of any provision described 

6 in subsection (e)(1)(B) that will not apply to 

7 the pilot program by reason of a waiver under 

8 that subsection. 

9 (2) INTERIM REPORT.—Not later than 180 

10 days after the date of the submittal of the report re11 quired by paragraph (1) with respect to a pilot pro12 gram, the Secretary shall submit to the appropriate 

13 committees of Congress a report describing the cur14 rent status of the pilot program. 

15 (3) FINAL REPORT.—Not later than 90 days 

16 after the completion of all of the pilot programs con17 ducted under subsection (a), the Secretary shall sub18 mit to the appropriate committees of Congress a re19 port setting forth a final evaluation and assessment 

20 of the pilot programs. The report shall include such 

21 recommendations for legislative or administrative ac22 tion as the Secretary considers appropriate in light 

23 of such pilot programs. 


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1 SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE 

2 TO DEFICIENCIES IN THE ARMY PHYSICAL 

3 DISABILITY EVALUATION SYSTEM. 

4 (a) REPORTS REQUIRED.—Not later than June 1, 

5 2008, and June 1, 2009, the Secretary of Defense shall 

6 submit to the congressional defense committees a report 

7 on the implementation of corrective measures by the De8 partment of Defense with respect to the Physical Dis9 ability Evaluation System (PDES) in response to the fol10 lowing: 

11 (1) The report of the Inspector General of the 

12 Army on that system of March 6, 2007. 

13 (2) The report of the Independent Review 

14 Group on Rehabilitation Care and Administrative 

15 Processes at Walter Reed Army Medical Center and 

16 National Naval Medical Center. 

17 (3) The report of the Department of Veterans 

18 Affairs Task Force on Returning Global War on 

19 Terror Heroes. 

20 (b) ELEMENTS OF REPORT.—Each report under sub21 section (a) shall include current information on the fol22 lowing: 

23 (1) The total number of cases, and the number 

24 of cases involving combat disabled service members, 

25 pending resolution before the Medical and Physical 

26 Disability Evaluation Boards of the Army, including 


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1 information on the number of members of the Army 

2 who have been in a medical hold or holdover status 

3 for more than each of 100, 200, and 300 days. 

4 (2) The status of the implementation of modi5 fications to disability evaluation processes of the De6 partment of Defense in response to the following: 

7 (A) The report of the Inspector General on 

8 such processes dated March 6, 2007. 

9 (B) The report of the Independent Review 

10 Group on Rehabilitation Care and Administra11 tive Processes at Walter Reed Army Medical 

12 Center and National Naval Medical Center. 

13 (C) The report of the Department of Vet14 erans Affairs Task Force on Returning Global 

15 War on Terror Heroes. 

16 (c) POSTING ON INTERNET.—Not later than 24 

17 hours after submitting a report under subsection (a), the 

18 Secretary shall post such report on the Internet website 

19 of the Department of Defense that is available to the pub20 lic. 

21 SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY 

22 FOR MEMBERS OF THE ARMED FORCES. 

23 (a) IN GENERAL.—Section 1212 of title 10, United 

24 States Code, is amended— 


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1 (1) in subsection (a)(1), by striking ‘‘his years 

2 of service, but not more than 12, computed under 

3 section 1208 of this title’’ in the matter preceding 

4 subparagraph (A) and inserting ‘‘the member’s years 

5 of service computed under section 1208 of this title 

6 (subject to the minimum and maximum years of 

7 service provided for in subsection (c))’’; 

8 (2) by redesignating subsection (c) as sub9 section (d); and 

10 (3) by inserting after subsection (b) the fol11 lowing new subsection (c): 

12 ‘‘(c)(1) The minimum years of service of a member 

13 for purposes of subsection (a)(1) shall be as follows: 

14 ‘‘(A) Six years in the case of a member sepa15 rated from the armed forces for a disability incurred 

16 in line of duty in a combat zone (as designated by 

17 the Secretary of Defense for purposes of this sub18 section) or incurred during the performance of duty 

19 in combat-related operations as designated by the 

20 Secretary of Defense. 

21 ‘‘(B) Three years in the case of any other mem22 ber. 

23 ‘‘(2) The maximum years of service of a member for 

24 purposes of subsection (a)(1) shall be 19 years.’’. 


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1 (b) NO DEDUCTION FROM COMPENSATION OF SEV2 ERANCE PAY FOR DISABILITIES INCURRED IN COMBAT

3 ZONES.—Subsection (d) of such section, as redesignated 

4 by subsection (a)(2) of this section, is further amended— 

5 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

6 (2) by striking the second sentence; and 

7 (3) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(2) No deduction may be made under paragraph (1) 

10 in the case of disability severance pay received by a mem11 ber for a disability incurred in line of duty in a combat 

12 zone or incurred during performance of duty in combat13 related operations as designated by the Secretary of De14 fense. 

15 ‘‘(3) No deduction may be made under paragraph (1) 

16 from any death compensation to which a member’s de17 pendents become entitled after the member’s death.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act, and shall apply with respect to members of 

21 the Armed Forces separated from the Armed Forces 

22 under chapter 61 of title 10, United States Code, on or 

23 after that date. 


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1 SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FU2 TURE ROLE OF TEMPORARY DISABILITY RE3 TIRED LIST. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall submit to the congressional defense com7 mittees a report containing— 

8 (1) a statistical history since January 1, 2000, 

9 of the numbers of members of the Armed Forces 

10 who are returned to duty or separated following a 

11 tenure on the temporary disability retired list and, 

12 in the case of members who were separated, how 

13 many of the members were granted disability separa14 tion or retirement and what were their disability rat15 ings; 

16 (2) the results of the assessments required by 

17 subsection (b); and 

18 (3) such recommendations for the modification 

19 or improvement of the temporary disability retired 

20 list as the Secretary considers appropriate in re21 sponse to the assessments. 

22 (b) REQUIRED ASSESSMENTS.—The assessments re23 quired to be conducted as part of the report under sub24 section (a) are the following: 

25 (1) An assessment of the continuing utility of 

26 the temporary disability retired list in satisfying the 


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1 purposes for which the temporary disability retired 

2 list was established. 

3 (2) An assessment of the need to require that 

4 the condition of a member be permanent and stable 

5 before the member is separated with less than a 30 

6 percent disability rating prior to exceeding the max7 imum tenure allowed on the temporary disability re8 tired list. 

9 (3) An assessment of the future role of the tem10 porary disability retired list in the Disability Evalua11 tion System of the Department of Defense and the 

12 changes in policy and law required to fulfill the fu13 ture role of the temporary disability retire list. 

14 SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREAT15 MENT FACILITIES, SPECIALTY MEDICAL 

16 CARE FACILITIES, AND MILITARY QUARTERS 

17 HOUSING PATIENTS AND ANNUAL REPORT 

18 ON SUCH FACILITIES. 

19 (a) ESTABLISHMENT OF STANDARDS.—The Sec20 retary of Defense shall establish for the military facilities 

21 of the Department of Defense and the military depart22 ments referred to in subsection (b) standards with respect 

23 to the matters set forth in subsection (c). To the max24 imum extent practicable, the standards shall— 


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1 (1) be uniform and consistent for all such facili2 ties; and 

3 (2) be uniform and consistent throughout the 

4 Department of Defense and the military depart5 ments. 

6 (b) COVERED MILITARY FACILITIES.—The military 

7 facilities covered by this section are the following: 

8 (1) Military medical treatment facilities. 

9 (2) Specialty medical care facilities. 

10 (3) Military quarters or leased housing for pa11 tients. 

12 (c) SCOPE OF STANDARDS.—The standards required 

13 by subsection (a) shall include the following: 

14 (1) Generally accepted standards for the ac15 creditation of medical facilities, or for facilities used 

16 to quarter individuals that may require medical su17 pervision, as applicable, in the United States. 

18 (2) To the extent not inconsistent with the 

19 standards described in paragraph (1), minimally ac20 ceptable conditions for the following: 

21 (A) Appearance and maintenance of facili22 ties generally, including the structure and roofs 

23 of facilities. 


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1 (B) Size, appearance, and maintenance of 

2 rooms housing or utilized by patients, including 

3 furniture and amenities in such rooms. 

4 (C) Operation and maintenance of primary 

5 and back-up facility utility systems and other 

6 systems required for patient care, including 

7 electrical systems, plumbing systems, heating, 

8 ventilation, and air conditioning systems, com9 munications systems, fire protection systems, 

10 energy management systems, and other systems 

11 required for patient care. 

12 (D) Compliance of facilities, rooms, and 

13 grounds, to the maximum extent practicable, 

14 with the Americans with Disabilities Act of 

15 1990 (42 U.S.C. 12101 et seq.). 

16 (E) Such other matters relating to the ap17 pearance, size, operation, and maintenance of 

18 facilities and rooms as the Secretary considers 

19 appropriate. 

20 (d) COMPLIANCE WITH STANDARDS.— 

21 (1) DEADLINE.—In establishing standards 

22 under subsection (a), the Secretary shall specify a 

23 deadline for compliance with such standards by each 

24 facility referred to in subsection (b). The deadline 

25 shall be at the earliest date practicable after the 


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1 date of the enactment of this Act, and shall, to the 

2 maximum extent practicable, be uniform across the 

3 facilities referred to in subsection (b). 

4 (2) INVESTMENT.—In carrying out this section, 

5 the Secretary shall also establish guidelines for in6 vestment to be utilized by the Department of De7 fense and the military departments in determining 

8 the allocation of financial resources to facilities re9 ferred to in subsection (b) in order to meet the dead10 line specified under paragraph (1). 

11 (e) REPORT ON DEVELOPMENT AND IMPLEMENTA12 TION OF STANDARDS.— 

13 (1) IN GENERAL.—Not later than March 1, 

14 2008, the Secretary shall submit to the congres15 sional defense committees a report on the actions 

16 taken to carry out subsection (a). 

17 (2) ELEMENTS.—The report under paragraph 

18 (1) shall include the following: 

19 (A) The standards established under sub20 section (a). 

21 (B) An assessment of the appearance, con22 dition, and maintenance of each facility referred 

23 to in subsection (b), including— 


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1 (i) an assessment of the compliance of 

2 the facility with the standards established 

3 under subsection (a); and 

4 (ii) a description of any deficiency or 

5 noncompliance in each facility with the 

6 standards. 

7 (C) A description of the investment to be 

8 allocated to address each deficiency or non9 compliance identified under subparagraph 

10 (B)(ii). 

11 (f) ANNUAL REPORT.—Not later than the date on 

12 which the President submits the budget for a fiscal year 

13 to Congress pursuant to section 1105 of title 31, United 

14 States Code, the Secretary shall submit to the Committees 

15 on Armed Services of the Senate and the House of Rep16 resentatives a report on the adequacy, suitability, and 

17 quality of each facility referred to in subsection (b). The 

18 Secretary shall include in each report information regard19 ing— 

20 (1) any deficiencies in the adequacy, quality, or 

21 state of repair of medical-related support facilities 

22 raised as a result of information received during the 

23 period covered by the report through the toll-free hot 

24 line required by section 1616; and 


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1 (2) the investigations conducted and plans of 

2 action prepared under such section to respond to 

3 such deficiencies. 

4 SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN 

5 RESPONSE TO DEFICIENCIES IDENTIFIED AT 

6 WALTER REED ARMY MEDICAL CENTER, DIS7 TRICT OF COLUMBIA. 

8 Not later than 30 days after the date of the enact9 ment of this Act, and every 180 days thereafter until 

10 March 1, 2009, the Secretary of Defense shall submit to 

11 the congressional defense committees a report on the im12 plementation of the Army Medical Action Plan to correct 

13 deficiencies identified in the condition of facilities and pa14 tient administration. 

15 SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION 

16 WITH CLOSURE OF WALTER REED ARMY 

17 MEDICAL CENTER, DISTRICT OF COLUMBIA. 

18 (a) CERTIFICATIONS.—In implementing the decision 

19 to close Walter Reed Army Medical Center, District of Co20 lumbia, required as a result of the 2005 round of defense 

21 base closure and realignment under the Defense Base Clo22 sure and Realignment Act of 1990 (part A of title XXIX 

23 of Public Law 101–510; U.S.C. 2687 note), the Secretary 

24 of Defense shall submit to the congressional defense com25 mittees a certification of each of the following: 


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1 (1) That a transition plan has been developed, 

2 and resources have been committed, to ensure that 

3 patient care services, medical operations, and facili4 ties are sustained at the highest possible level at 

5 Walter Reed Army Medical Center until facilities to 

6 replace Walter Reed Army Medical Center are 

7 staffed and ready to assume at least the same level 

8 of care previously provided at Walter Reed Army 

9 Medical Center. 

10 (2) That the closure of Walter Reed Army Med11 ical Center will not result in a net loss of capacity 

12 in the major medical centers in the National Capitol 

13 Region in terms of total bed capacity or staffed bed 

14 capacity. 

15 (3) That the capacity of medical hold and out16 patient lodging facilities operating at Walter Reed 

17 Army Medical Center as of the date of the certifi18 cation will be available in sufficient quantities at the 

19 facilities designated to replace Walter Reed Army 

20 Medical Center by the date of the closure of Walter 

21 Reed Army Medical Center. 

22 (b) TIME FOR SUBMITTAL.—The Secretary shall sub23 mit the certifications required by subsection (a) not later 

24 than 90 days after the date of the enactment of this Act. 

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1 tifications by the end of the 90-day period, the Secretary 

2 shall notify the congressional defense committees of the 

3 delay and the reasons for the delay. 

4 SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED 

5 FORCES ON COMPENSATION AND BENEFITS 

6 AVAILABLE FOR SERIOUS INJURIES AND ILL7 NESSES. 

8 (a) INFORMATION ON AVAILABLE COMPENSATION

9 AND BENEFITS.—Not later than October 1, 2008, the 

10 Secretary of Defense shall develop and maintain, in hand11 book and electronic form, a comprehensive description of 

12 the compensation and other benefits to which a member 

13 of the Armed Forces, and the family of such member, 

14 would be entitled upon the separation or retirement of the 

15 member from the Armed Forces as a result of a serious 

16 injury or illness. The handbook shall set forth the range 

17 of such compensation and benefits based on grade, length 

18 of service, degree of disability at separation or retirement, 

19 and such other factors affecting such compensation and 

20 benefits as the Secretary considers appropriate. 

21 (b) CONSULTATION.—The Secretary of Defense shall 

22 develop and maintain the comprehensive description re23 quired by subsection (a), including the handbook and elec24 tronic form of the description, in consultation with the 

25 Secretary of Veterans Affairs, the Secretary of Health and 


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1 Human Services, and the Commissioner of Social Secu2 rity. 

3 (c) UPDATE.—The Secretary of Defense shall update 

4 the comprehensive description required by subsection (a), 

5 including the handbook and electronic form of the descrip6 tion, on a periodic basis, but not less often than annually. 

7 (d) PROVISION TO MEMBERS.—The Secretary of the 

8 military department concerned shall provide the descrip9 tive handbook under subsection (a) to each member of the 

10 Armed Forces described in that subsection as soon as 

11 practicable following the injury or illness qualifying the 

12 member for coverage under such subsection. 

13 (e) PROVISION TO REPRESENTATIVES.—If a member 

14 is incapacitated or otherwise unable to receive the descrip15 tive handbook to be provided under subsection (a), the 

16 handbook shall be provided to the next of kin or a legal 

17 representative of the member, as determined in accordance 

18 with regulations prescribed by the Secretary of the mili19 tary department concerned for purposes of this section. 


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1 Subtitle E—Studies and Reports 

2 SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND 

3 OTHER READJUSTMENT NEEDS OF MEMBERS 

4 AND FORMER MEMBERS OF THE ARMED 

5 FORCES WHO DEPLOYED IN OPERATION 

6 IRAQI FREEDOM AND OPERATION ENDURING 

7 FREEDOM AND THEIR FAMILIES. 

8 (a) STUDY REQUIRED.—The Secretary of Defense 

9 shall, in consultation with the Secretary of Veterans Af10 fairs, enter into an agreement with the National Academy 

11 of Sciences for a study on the physical and mental health 

12 and other readjustment needs of members and former 

13 members of the Armed Forces who deployed in Operation 

14 Iraqi Freedom or Operation Enduring Freedom and their 

15 families as a result of such deployment. 

16 (b) PHASES.—The study required under subsection 

17 (a) shall consist of two phases: 

18 (1) A preliminary phase, to be completed not 

19 later than one year after the date of the enactment 

20 of this Act— 

21 (A) to identify preliminary findings on the 

22 physical and mental health and other readjust23 ment needs described in subsection (a) and on 

24 gaps in care for the members, former members, 

25 and families described in that subsection; and 


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1 (B) to determine the parameters of the 

2 second phase of the study under paragraph (2). 

3 (2) A second phase, to be completed not later 

4 than three years after the date of the enactment of 

5 this Act, to carry out a comprehensive assessment, 

6 in accordance with the parameters identified under 

7 the preliminary report required by paragraph (1), of 

8 the physical and mental health and other readjust9 ment needs of members and former members of the 

10 Armed Forces who deployed in Operation Iraqi 

11 Freedom or Operation Enduring Freedom and their 

12 families as a result of such deployment, including, at 

13 a minimum— 

14 (A) an assessment of the psychological, so15 cial, and economic impacts of such deployment 

16 on such members and former members and 

17 their families; 

18 (B) an assessment of the particular im19 pacts of multiple deployments in Operation 

20 Iraqi Freedom or Operation Enduring Freedom 

21 on such members and former members and 

22 their families; 

23 (C) an assessment of the full scope of the 

24 neurological, psychiatric, and psychological ef25 fects of traumatic brain injury on members and 


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1 former members of the Armed Forces, including 

2 the effects of such effects on the family mem3 bers of such members and former members, and 

4 an assessment of the efficacy of current treat5 ment approaches for traumatic brain injury in 

6 the United States and the efficacy of screenings 

7 and treatment approaches for traumatic brain 

8 injury within the Department of Defense and 

9 the Department of Veterans Affairs; 

10 (D) an assessment of the effects of 

11 undiagnosed injuries such as post-traumatic 

12 stress disorder and traumatic brain injury, an 

13 estimate of the long-term costs associated with 

14 such injuries, and an assessment of the efficacy 

15 of screenings and treatment approaches for 

16 post-traumatic stress disorder and other mental 

17 health conditions within the Department of De18 fense and Department of Veterans Affairs; 

19 (E) an assessment of the gender- and eth20 nic group-specific needs and concerns of mem21 bers of the Armed Forces and veterans; 

22 (F) an assessment of the particular needs 

23 and concerns of children of members of the 

24 Armed Forces, taking into account differing age 

25 groups, impacts on development and education, 


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1 and the mental and emotional well being of chil2 dren; 

3 (G) an assessment of the particular edu4 cational and vocational needs of such members 

5 and former members and their families, and an 

6 assessment of the efficacy of existing edu7 cational and vocational programs to address 

8 such needs; 

9 (H) an assessment of the impacts on com10 munities with high populations of military fami11 lies, including military housing communities 

12 and townships with deployed members of the 

13 National Guard and Reserve, of deployments 

14 associated with Operation Iraqi Freedom and 

15 Operation Enduring Freedom, and an assess16 ment of the efficacy of programs that address 

17 community outreach and education concerning 

18 military deployments of community residents; 

19 (I) an assessment of the impacts of in20 creasing numbers of older and married mem21 bers of the Armed Forces on readjustment re22 quirements; 

23 (J) the development, based on such assess24 ments, of recommendations for programs, treat25 ments, or policy remedies targeted at preVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01209 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 venting, minimizing, or addressing the impacts, 

2 gaps, and needs identified; and 

3 (K) the development, based on such assess4 ments, of recommendations for additional re5 search on such needs. 

6 (c) POPULATIONS TO BE STUDIED.—The study re7 quired under subsection (a) shall consider the readjust8 ment needs of each population of individuals as follows: 

9 (1) Members of the regular components of the 

10 Armed Forces who are returning, or have returned, 

11 to the United States from deployment in Operation 

12 Iraqi Freedom or Operation Enduring Freedom. 

13 (2) Members of the National Guard and Re14 serve who are returning, or have returned, to the 

15 United States from deployment in Operation Iraqi 

16 Freedom or Operation Enduring Freedom. 

17 (3) Veterans of Operation Iraqi Freedom or 

18 Operation Enduring Freedom. 

19 (4) Family members of the members and vet20 erans described in paragraphs (1) through (3). 

21 (d) ACCESS TO INFORMATION.—The National Acad22 emy of Sciences shall have access to such personnel, infor23 mation, records, and systems of the Department of De24 fense and the Department of Veterans Affairs as the NaVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01210 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tional Academy of Sciences requires in order to carry out 

2 the study required under subsection (a). 

3 (e) PRIVACY OF INFORMATION.—The National Acad4 emy of Sciences shall maintain any personally identifiable 

5 information accessed by the Academy in carrying out the 

6 study required under subsection (a) in accordance with all 

7 applicable laws, protections, and best practices regarding 

8 the privacy of such information, and may not permit ac9 cess to such information by any persons or entities not 

10 engaged in work under the study. 

11 (f) REPORTS BY NATIONAL ACADEMY OF

12 SCIENCES.—Upon the completion of each phase of the 

13 study required under subsection (a), the National Acad14 emy of Sciences shall submit to the Secretary of Defense, 

15 the Secretary of Veterans Affairs, and the congressional 

16 defense committees a report on such phase of the study. 

17 (g) DOD AND VA RESPONSE TO NAS REPORTS.— 

18 Not later than 90 days after the receipt of a report under 

19 subsection (f) on each phase of the study required under 

20 subsection (a), the Secretary of Defense and the Secretary 

21 of Veterans Affairs shall develop a final joint Department 

22 of Defense-Department of Veterans Affairs response to 

23 the findings and recommendations of the National Acad24 emy of Sciences contained in such report. 


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1 SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO 

2 ADEQUATE OUTPATIENT RESIDENTIAL FA3 CILITIES. 

4 (a) REQUIRED INSPECTIONS OF FACILITIES.—All 

5 quarters of the United States and housing facilities under 

6 the jurisdiction of the Armed Forces that are occupied by 

7 recovering service members shall be inspected on a semi8 annual basis for the first two years after the enactment 

9 of this Act and annually thereafter by the inspectors gen10 eral of the regional medical commands. 

11 (b) INSPECTOR GENERAL REPORTS.—The inspector 

12 general for each regional medical command shall— 

13 (1) submit a report on each inspection of a fa14 cility conducted under subsection (a) to the post 

15 commander at such facility, the commanding officer 

16 of the hospital affiliated with such facility, the sur17 geon general of the military department that oper18 ates such hospital, the Secretary of the military de19 partment concerned, the Assistant Secretary of De20 fense for Health Affairs, and the congressional de21 fense committees; and 

22 (2) post each such report on the Internet 

23 website of such regional medical command. 


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1 SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES 

2 FOR FAMILIES OF RECOVERING SERVICE 

3 MEMBERS. 

4 (a) STUDY REQUIRED.—The Secretary of Defense 

5 shall conduct a study of the provision of support services 

6 for families of recovering service members. 

7 (b) MATTERS COVERED.—The study under sub8 section (a) shall include the following: 

9 (1) A determination of the types of support 

10 services, including job placement services, that are 

11 currently provided by the Department of Defense to 

12 eligible family members, and the cost of providing 

13 such services. 

14 (2) A determination of additional types of sup15 port services that would be feasible for the Depart16 ment to provide to such family members, and the 

17 costs of providing such services, including the fol18 lowing types of services: 

19 (A) The provision of medical care at mili20 tary medical treatment facilities. 

21 (B) The provision of additional employ22 ment services, and the need for employment 

23 protection, of such family members who are 

24 placed on leave from employment or otherwise 

25 displaced from employment while caring for a 


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1 recovering service member for more than 45 

2 days during a one-year period. 

3 (C) The provision of meals without charge 

4 at military medical treatment facilities. 

5 (3) A survey of military medical treatment fa6 cilities to estimate the number of family members to 

7 whom the support services would be provided. 

8 (4) A determination of any discrimination in 

9 employment that such family members experience, 

10 including denial of retention in employment, pro11 motion, or any benefit of employment by an em12 ployer on the basis of the person’s absence from em13 ployment, and a determination, in consultation with 

14 the Secretary of Labor, of the options available for 

15 such family members. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary of Defense 

18 shall submit to the Committees on Armed Services of the 

19 Senate and the House of Representatives a report on the 

20 results of the study, with such findings and recommenda21 tions as the Secretary considers appropriate. 

22 SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSI23 FICATIONS. 

24 Not later than 90 days after the date of the enact25 ment of this Act, the Secretary of Defense and the SecVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01214 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 retary of Veterans Affairs jointly shall submit to the Com2 mittees on Armed Services of the Senate and the House 

3 of Representatives a report describing the changes under4 taken within the Department of Defense and the Depart5 ment of Veterans Affairs to ensure that traumatic brain 

6 injury victims receive a medical designation concomitant 

7 with their injury rather than a medical designation that 

8 assigns a generic classification (such as ‘‘organic psy9 chiatric disorder’’). 

10 SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OF11 FICER/NON-COMMISSIONED OFFICER PRO12 GRAM. 

13 (a) EVALUATION REQUIRED.—The Secretary of De14 fense shall conduct an evaluation of the Polytrauma Liai15 son Officer/Non-Commissioned Officer program, which is 

16 the program operated by each of the military departments 

17 and the Department of Veterans Affairs for the purpose 

18 of— 

19 (1) assisting in the seamless transition of mem20 bers of the Armed Forces from the Department of 

21 Defense health care system to the Department of 

22 Veterans Affairs system; and 

23 (2) expediting the flow of information and com24 munication between military treatment facilities and 

25 the Veterans Affairs Polytrauma Centers. 


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1 (b) MATTERS COVERED.—The evaluation of the 

2 Polytrauma Liaison Officer/Non-Commissioned Officer 

3 program shall include an evaluation of the following: 

4 (1) The program’s effectiveness in the following 

5 areas: 

6 (A) Handling of military patient transfers. 

7 (B) Ability to access military records in a 

8 timely manner. 

9 (C) Collaboration with Polytrauma Center 

10 treatment teams. 

11 (D) Collaboration with veteran service or12 ganizations. 

13 (E) Functioning as the Polytrauma Cen14 ter’s subject-matter expert on military issues. 

15 (F) Supporting and assisting family mem16 bers. 

17 (G) Providing education, information, and 

18 referrals to members of the Armed Forces and 

19 their family members. 

20 (H) Functioning as uniformed advocates 

21 for members of the Armed Forces and their 

22 family members. 

23 (I) Inclusion in Polytrauma Center meet24 ings. 


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1 (J) Completion of required administrative 

2 reporting. 

3 (K) Ability to provide necessary adminis4 trative support to all members of the Armed 

5 Forces. 

6 (2) Manpower requirements to effectively carry 

7 out all required functions of the Polytrauma Liaison 

8 Officer/Non-Commissioned Officer program given 

9 current and expected case loads. 

10 (3) Expansion of the program to incorporate 

11 Navy and Marine Corps officers and senior enlisted 

12 personnel. 

13 (c) REPORTING REQUIREMENT.—Not later than 90 

14 days after the date of the enactment of this Act, the Sec15 retary of Defense shall submit to Congress a report con16 taining— 

17 (1) the results of the evaluation; and 

18 (2) recommendations for any improvements in 

19 the program. 

20 Subtitle F—Other Matters 

21 SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES 

22 FROM MEDICAL CARE. 

23 Neither the Secretary of Defense nor the Secretaries 

24 of the military departments may transfer funds or per25 sonnel from medical care functions to administrative funcVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01217 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tions within the Department of Defense in order to comply 

2 with the new administrative requirements imposed by this 

3 title or the amendments made by this title. 

4 SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF 

5 THE ARMED FORCES RECOVERING FROM SE6 RIOUS INJURIES OR ILLNESSES. 

7 (a) MEDICAL CARE AT MILITARY MEDICAL FACILI8 TIES.— 

9 (1) MEDICAL CARE.—A family member of a re10 covering service member who is not otherwise eligible 

11 for medical care at a military medical treatment fa12 cility may be eligible for such care at such facilities, 

13 on a space-available basis, if the family member is— 

14 (A) on invitational orders while caring for 

15 the service member; 

16 (B) a non-medical attendee caring for the 

17 service member; or 

18 (C) receiving per diem payments from the 

19 Department of Defense while caring for the 

20 service member. 

21 (2) SPECIFICATION OF FAMILY MEMBERS.—The 

22 Secretary of Defense may prescribe in regulations 

23 the family members of recovering service members 

24 who shall be considered to be a family member of a 

25 service member for purposes of this subsection. 


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1 (3) SPECIFICATION OF CARE.—The Secretary 

2 of Defense shall prescribe in regulations the medical 

3 care that may be available to family members under 

4 this subsection at military medical treatment facili5 ties. 

6 (4) RECOVERY OF COSTS.—The United States 

7 may recover the costs of the provision of medical 

8 care under this subsection as follows (as applicable): 

9 (A) From third-party payers, in the same 

10 manner as the United States may collect costs 

11 of the charges of health care provided to cov12 ered beneficiaries from third-party payers under 

13 section 1095 of title 10, United States Code. 

14 (B) As if such care was provided under the 

15 authority of section 1784 of title 38, United 

16 States Code. 

17 (b) MEDICAL CARE AT DEPARTMENT OF VETERANS

18 AFFAIRS MEDICAL FACILITIES.— 

19 (1) MEDICAL CARE.—When a recovering service 

20 member is receiving hospital care and medical serv21 ices at a medical facility of the Department of Vet22 erans Affairs, the Secretary of Veterans Affairs may 

23 provide medical care for eligible family members 

24 under this section when that care is readily available 


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1 at that Department facility and on a space-available 

2 basis. 

3 (2) REGULATIONS.—The Secretary of Veterans 

4 Affairs shall prescribe in regulations the medical 

5 care that may be available to family members under 

6 this subsection at medical facilities of the Depart7 ment of Veterans Affairs. 

8 SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM 

9 FOR MEMBERS OF THE ARMED FORCES DE10 PLOYED OVERSEAS. 

11 (a) PROTOCOL FOR ASSESSMENT OF COGNITIVE

12 FUNCTIONING.— 

13 (1) PROTOCOL REQUIRED.—Subsection (b) of 

14 section 1074f of title 10, United States Code, is 

15 amended— 

16 (A) in paragraph (2), by adding at the end 

17 the following new subparagraph: 

18 ‘‘(C) An assessment of post-traumatic stress 

19 disorder.’’; and 

20 (B) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3)(A) The Secretary shall establish for purposes of 

23 subparagraphs (B) and (C) of paragraph (2) a protocol 

24 for the predeployment assessment and documentation of 

25 the cognitive (including memory) functioning of a member 


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1 who is deployed outside the United States in order to fa2 cilitate the assessment of the postdeployment cognitive 

3 (including memory) functioning of the member. 

4 ‘‘(B) The protocol under subparagraph (A) shall in5 clude appropriate mechanisms to permit the differential 

6 diagnosis of traumatic brain injury in members returning 

7 from deployment in a combat zone.’’. 

8 (2) PILOT PROJECTS.—(A) In developing the 

9 protocol required by paragraph (3) of section 

10 1074f(b) of title 10, United States Code (as amend11 ed by paragraph (1) of this subsection), for purposes 

12 of assessments for traumatic brain injury, the Sec13 retary of Defense shall conduct up to three pilot 

14 projects to evaluate various mechanisms for use in 

15 the protocol for such purposes. One of the mecha16 nisms to be so evaluated shall be a computer-based 

17 assessment tool which shall, at a minimum, include 

18 the following: 

19 (i) Administration of computer-based 

20 neurocognitive assessment. 

21 (ii) Pre-deployment assessments to estab22 lish a neurocognitive baseline for members of 

23 the Armed Forces for future treatment. 

24 (B) Not later than 60 days after the completion 

25 of the pilot projects conducted under this paragraph, 


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1 the Secretary shall submit to the appropriate com2 mittees of Congress a report on the pilot projects. 

3 The report shall include— 

4 (i) a description of the pilot projects so 

5 conducted; 

6 (ii) an assessment of the results of each 

7 such pilot project; and 

8 (iii) a description of any mechanisms eval9 uated under each such pilot project that will be 

10 incorporated into the protocol. 

11 (C) Not later than 180 days after completion of 

12 the pilot projects conducted under this paragraph, 

13 the Secretary shall establish a means for imple14 menting any mechanism evaluated under such a 

15 pilot project that is selected for incorporation in the 

16 protocol. 

17 (b) QUALITY ASSURANCE.—Subsection (d)(2) of sec18 tion 1074f of title 10, United States Code, is amended 

19 by adding at the end the following new subparagraph: 

20 ‘‘(F) The diagnosis and treatment of traumatic 

21 brain injury and post-traumatic stress disorder.’’. 

22 (c) STANDARDS FOR DEPLOYMENT.—Subsection (f) 

23 of such section is amended— 

24 (1) in the subsection heading, by striking 

25 ‘‘MENTAL HEALTH’’; and 


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1 (2) in paragraph (2)(B), by striking ‘‘or’’ and 

2 inserting ‘‘, traumatic brain injury, or’’. 

3 SEC. 1674. GUARANTEED FUNDING FOR WALTER REED 

4 ARMY MEDICAL CENTER, DISTRICT OF CO5 LUMBIA. 

6 (a) MINIMUM FUNDING.—The amount of funds avail7 able for the commander of Walter Reed Army Medical 

8 Center, District of Columbia, for a fiscal year shall be not 

9 less than the amount expended by the commander of Wal10 ter Reed Army Medical Center in fiscal year 2006 until 

11 the first fiscal year beginning after the date on which the 

12 Secretary of Defense submits to the congressional defense 

13 committees a plan for the provision of health care for mili14 tary beneficiaries and their dependents in the National 

15 Capital Region. 

16 (b) MATTERS COVERED.—The plan under subsection 

17 (a) shall at a minimum include— 

18 (1) the manner in which patients, staff, bed ca19 pacity, and functions will move from the Walter 

20 Reed Army Medical Center to expanded facilities; 

21 (2) a timeline, including milestones, for such 

22 moves; 

23 (3) projected budgets, including planned budget 

24 transfers, for military treatment facilities within the 

25 region; 


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1 (4) the management or disposition of real prop2 erty of military treatment facilities within the re3 gion; and 

4 (5) staffing projections for the region. 

5 (c) CERTIFICATION.—After submission of the plan 

6 under subsection (a) to the congressional defense commit7 tees, the Secretary shall certify to such committees on a 

8 quarterly basis that patients, staff, bed capacity, func9 tions, or parts of functions at Walter Reed Army Medical 

10 Center have not been moved or disestablished until the 

11 expanded facilities at the National Naval Medical Center, 

12 Bethesda, Maryland, and DeWitt Army Community Hos13 pital, Fort Belvoir, Virginia, are completed, equipped, and 

14 staffed with sufficient capacity to accept and provide, at 

15 a minimum, the same level of and access to care as pa16 tients received at Walter Reed Army Medical Center dur17 ing fiscal year 2006. 

18 (d) DEFINITIONS.—In this section: 

19 (1) The term ‘‘expanded facilities’’ means the 

20 other two military hospitals/medical centers within 

21 the National Capital Region, namely— 

22 (A) the National Naval Medical Center, 

23 Bethesda, Maryland (or its successor resulting 

24 from implementation of the recommendations of 


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1 the 2005 Defense Base Closure and Realign2 ment Commission); and 

3 (B) the DeWitt Army Community Hos4 pital, Fort Belvoir, Virginia. 

5 (2) The term ‘‘National Capital Region’’ has 

6 the meaning given that term in section 2674(f) of 

7 title 10, United States Code. 

8 SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUND9 ED VETERANS WHO ARE FEDERAL EMPLOY10 EES. 

11 (a) IN GENERAL.—Section 6333(b) of title 5, United 

12 States Code, is amended— 

13 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 

14 and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2)(A) The requirement under paragraph (1) relat18 ing to exhaustion of annual and sick leave shall not apply 

19 in the case of a leave recipient who— 

20 ‘‘(i) sustains a combat-related disability while a 

21 member of the armed forces, including a reserve 

22 component of the armed forces; and 

23 ‘‘(ii) is undergoing medical treatment for that 

24 disability. 


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1 ‘‘(B) Subparagraph (A) shall apply to a member de2 scribed in such subparagraph only so long as the member 

3 continues to undergo medical treatment for the disability, 

4 but in no event for longer than 5 years from the start 

5 of such treatment. 

6 ‘‘(C) For purposes of this paragraph— 

7 ‘‘(i) the term ‘combat-related disability’ has the 

8 meaning given such term by section 1413a(e) of title 

9 10; and 

10 ‘‘(ii) the term ‘medical treatment’ has such 

11 meaning as the Office of Personnel Management 

12 shall by regulation prescribe.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act, except that, in the case of a leave recipi16 ent who is undergoing medical treatment on such date of 

17 enactment, section 6333(b)(2)(B) of title 5, United States 

18 Code (as amended by this section) shall be applied as if 

19 it had been amended by inserting ‘‘or the date of the en20 actment of this subsection, whichever is later’’ after ‘‘the 

21 start of such treatment’’. 


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1 SEC. 1676. MORATORIUM ON CONVERSION TO CON2 TRACTOR PERFORMANCE OF DEPARTMENT 

3 OF DEFENSE FUNCTIONS AT MILITARY MED4 ICAL FACILITIES. 

5 (a) MORATORIUM.—No study or competition may be 

6 begun or announced pursuant to section 2461 of title 10, 

7 United States Code, or otherwise pursuant to Office of 

8 Management and Budget circular A-76, relating to the 

9 possible conversion to performance by a contractor of any 

10 Department of Defense function carried out at a military 

11 medical facility until the Secretary of Defense— 

12 (1) submits the certification required by sub13 section (b) to the Committee on Armed Services of 

14 the Senate and the Committee on Armed Services of 

15 the House of Representatives together with a de16 scription of the steps taken by the Secretary in ac17 cordance with the certification; and 

18 (2) submits the report required by subsection 

19 (c). 

20 (b) CERTIFICATION.—The certification referred to in 

21 paragraph (a)(1) is a certification that the Secretary has 

22 taken appropriate steps to ensure that neither the quality 

23 of military medical care nor the availability of qualified 

24 personnel to carry out Department of Defense functions 

25 related to military medical care will be adversely affected 

26 by either— 


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1 (1) the process of considering a Department of 

2 Defense function carried out at a military medical 

3 facility for possible conversion to performance by a 

4 contractor; or 

5 (2) the conversion of such a function to per6 formance by a contractor. 

7 (c) REPORT REQUIRED.—Not later than 180 days 

8 after the date of the enactment of this Act, the Secretary 

9 of Defense shall submit to the Committee on Armed Serv10 ices of the Senate and the Committee on Armed Services 

11 of the House of Representatives a report on the public12 private competitions being conducted for Department of 

13 Defense functions carried out at military medical facilities 

14 as of the date of the enactment of this Act by each military 

15 department and defense agency. Such report shall in16 clude— 

17 (1) for each such competition— 

18 (A) the cost of conducting the public-pri19 vate competition; 

20 (B) the number of military personnel and 

21 civilian employees of the Department of De22 fense affected; 

23 (C) the estimated savings identified and 

24 the savings actually achieved; 


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1 (D) an evaluation whether the anticipated 

2 and budgeted savings can be achieved through 

3 a public-private competition; and 

4 (E) the effect of converting the perform5 ance of the function to performance by a con6 tractor on the quality of the performance of the 

7 function; and 

8 (2) an assessment of whether any method of 

9 business reform or reengineering other than a pub10 lic-private competition could, if implemented in the 

11 future, achieve any anticipated or budgeted savings. 

12 TITLE XVII—VETERANS 

13 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. 


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1 SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VET2 ERANS AFFAIRS EFFORTS IN THE REHABILI3 TATION AND REINTEGRATION OF VETERANS 

4 WITH TRAUMATIC BRAIN INJURY. 

5 It is the sense of Congress that— 

6 (1) the Department of Veterans Affairs is a 

7 leader in the field of traumatic brain injury care and 

8 coordination of such care; 

9 (2) the Department of Veterans Affairs should 

10 have the capacity and expertise to provide veterans 

11 who have a traumatic brain injury with patient-cen12 tered health care, rehabilitation, and community in13 tegration services that are comparable to or exceed 

14 similar care and services available to persons with 

15 such injuries in the academic and private sector; 

16 (3) rehabilitation for veterans who have a trau17 matic brain injury should be individualized, com18 prehensive, and interdisciplinary with the goals of 

19 optimizing the independence of such veterans and 

20 reintegrating them into their communities; 

21 (4) family support is integral to the rehabilita22 tion and community reintegration of veterans who 

23 have sustained a traumatic brain injury, and the De24 partment should provide the families of such vet25 erans with education and support; 


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1 (5) the Department of Defense and the Depart2 ment of Veterans Affairs have made efforts to pro3 vide a smooth transition of medical care and reha4 bilitative services to individuals as they transition 

5 from the health care system of the Department of 

6 Defense to that of the Department of Veterans Af7 fairs, but more can be done to assist veterans and 

8 their families in the continuum of the rehabilitation, 

9 recovery, and reintegration of wounded or injured 

10 veterans into their communities; 

11 (6) in planning for rehabilitation and commu12 nity reintegration of veterans who have a traumatic 

13 brain injury, it is necessary for the Department of 

14 Veterans Affairs to provide a system for life-long 

15 case management for such veterans; and 

16 (7) in such system for life-long case manage17 ment, it is necessary to conduct outreach and to tai18 lor specialized traumatic brain injury case manage19 ment and outreach to the unique needs of veterans 

20 with traumatic brain injury who reside in urban and 

21 non-urban settings. 


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1 SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY 

2 REINTEGRATION PLANS FOR VETERANS AND 

3 OTHERS WITH TRAUMATIC BRAIN INJURY. 

4 (a) IN GENERAL.—Subchapter II of chapter 17 of 

5 title 38, United States Code, is amended by inserting after 

6 section 1710B the following new sections: 

7 ‘‘§ 1710C. Traumatic brain injury: plans for rehabili8 tation and reintegration into the commu9 nity 

10 ‘‘(a) PLAN REQUIRED.—The Secretary shall, for each 

11 individual who is a veteran or member of the Armed 

12 Forces who receives inpatient or outpatient rehabilitative 

13 hospital care or medical services provided by the Depart14 ment for a traumatic brain injury— 

15 ‘‘(1) develop an individualized plan for the re16 habilitation and reintegration of the individual into 

17 the community; and 

18 ‘‘(2) provide such plan in writing to the indi19 vidual— 

20 ‘‘(A) in the case of an individual receiving 

21 inpatient care, before the individual is dis22 charged from inpatient care or after the individ23 ual’s transition from serving on active duty as 

24 a member of the Armed Forces to receiving out25 patient care provided by the Department; or 


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1 ‘‘(B) as soon as practicable following a di2 agnosis of traumatic brain injury by a Depart3 ment health care provider. 

4 ‘‘(b) CONTENTS OF PLAN.—Each plan developed 

5 under subsection (a) shall include, for the individual cov6 ered by such plan, the following: 

7 ‘‘(1) Rehabilitation objectives for improving the 

8 physical, cognitive, and vocational functioning of the 

9 individual with the goal of maximizing the independ10 ence and reintegration of such individual into the 

11 community. 

12 ‘‘(2) Access, as warranted, to all appropriate re13 habilitative components of the traumatic brain in14 jury continuum of care, and where appropriate, to 

15 long-term care services. 

16 ‘‘(3) A description of specific rehabilitative 

17 treatments and other services to achieve the objec18 tives described in paragraph (1), which shall set 

19 forth the type, frequency, duration, and location of 

20 such treatments and services. 

21 ‘‘(4) The name of the case manager designated 

22 in accordance with subsection (d) to be responsible 

23 for the implementation of such plan. 


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1 ‘‘(5) Dates on which the effectiveness of such 

2 plan will be reviewed in accordance with subsection 

3 (f). 

4 ‘‘(c) COMPREHENSIVE ASSESSMENT.—(1) Each plan 

5 developed under subsection (a) shall be based on a com6 prehensive assessment, developed in accordance with para7 graph (2), of— 

8 ‘‘(A) the physical, cognitive, vocational, and 

9 neuropsychological and social impairments of the in10 dividual; and 

11 ‘‘(B) the family education and family support 

12 needs of the individual after the individual is dis13 charged from inpatient care or at the commence14 ment of and during the receipt of outpatient care 

15 and services. 

16 ‘‘(2) The comprehensive assessment required under 

17 paragraph (1) with respect to an individual is a com18 prehensive assessment of the matters set forth in that 

19 paragraph by a team, composed by the Secretary for pur20 poses of the assessment, of individuals with expertise in 

21 traumatic brain injury, including any of the following: 

22 ‘‘(A) A neurologist. 

23 ‘‘(B) A rehabilitation physician. 

24 ‘‘(C) A social worker. 

25 ‘‘(D) A neuropsychologist. 


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1 ‘‘(E) A physical therapist. 

2 ‘‘(F) A vocational rehabilitation specialist. 

3 ‘‘(G) An occupational therapist. 

4 ‘‘(H) A speech language pathologist. 

5 ‘‘(I) A rehabilitation nurse. 

6 ‘‘(J) An educational therapist. 

7 ‘‘(K) An audiologist. 

8 ‘‘(L) A blind rehabilitation specialist. 

9 ‘‘(M) A recreational therapist. 

10 ‘‘(N) A low vision optometrist. 

11 ‘‘(O) An orthotist or prosthetist. 

12 ‘‘(P) An assistive technologist or rehabilitation 

13 engineer. 

14 ‘‘(Q) An otolaryngology physician. 

15 ‘‘(R) A dietician. 

16 ‘‘(S) An opthamologist. 

17 ‘‘(T) A psychiatrist. 

18 ‘‘(d) CASE MANAGER.—(1) The Secretary shall des19 ignate a case manager for each individual described in 

20 subsection (a) to be responsible for the implementation of 

21 the plan developed for that individual under that sub22 section and the coordination of the individual’s medical 

23 care. 

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1 vidual for whom the case manager is designated, regard2 less of whether the case manager obtains such expertise 

3 through experience, education, or training. 

4 ‘‘(e) PARTICIPATION AND COLLABORATION IN DE5 VELOPMENT OF PLANS.—(1) The Secretary shall involve 

6 each individual described in subsection (a), and the family 

7 or legal guardian of such individual, in the development 

8 of the plan for such individual under that subsection to 

9 the maximum extent practicable. 

10 ‘‘(2) The Secretary shall collaborate in the develop11 ment of a plan for an individual under subsection (a) with 

12 a State protection and advocacy system if— 

13 ‘‘(A) the individual covered by the plan requests 

14 such collaboration; or 

15 ‘‘(B) in the case of such an individual who is 

16 incapacitated, the family or guardian of the indi17 vidual requests such collaboration. 

18 ‘‘(3) In the case of a plan required by subsection (a) 

19 for a member of the Armed Forces who is serving on ac20 tive duty, the Secretary shall collaborate with the Sec21 retary of Defense in the development of such plan. 

22 ‘‘(4) In developing vocational rehabilitation objectives 

23 required under subsection (b)(1) and in conducting the as24 sessment required under subsection (c), the Secretary 

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1 ordination with the Vocational Rehabilitation and Employ2 ment Service of the Department of Veterans Affairs. 

3 ‘‘(f) EVALUATION.— 

4 ‘‘(1) PERIODIC REVIEW BY SECRETARY.—The 

5 Secretary shall periodically review the effectiveness 

6 of each plan developed under subsection (a). The 

7 Secretary shall refine each such plan as the Sec8 retary considers appropriate in light of such review. 

9 ‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In 

10 addition to the periodic review required by para11 graph (1), the Secretary shall conduct a review of 

12 the plan for an individual under paragraph (1) at 

13 the request of the individual, or in the case of an in14 dividual who is incapacitated, at the request of the 

15 guardian or designee of the individual. 

16 ‘‘(g) STATE DESIGNATED PROTECTION AND ADVO17 CACY SYSTEM DEFINED.—In this section, the term ‘State 

18 protection and advocacy system’ means a system estab19 lished in a State under subtitle C of the Developmental 

20 Disabilities Assistance and Bill of Rights Act of 2000 (42 

21 U.S.C. 15041 et seq.) to protect and advocate for the 

22 rights of persons with development disabilities. 


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1 ‘‘§ 1710D. Traumatic brain injury: comprehensive 

2 program for long-term rehabilitation 

3 ‘‘(a) COMPREHENSIVE PROGRAM.—In developing 

4 plans for the rehabilitation and reintegration of individ5 uals with traumatic brain injury under section 1710C of 

6 this title, the Secretary shall develop and carry out a com7 prehensive program of long-term care for post-acute trau8 matic brain injury rehabilitation that includes residential, 

9 community, and home-based components utilizing inter10 disciplinary treatment teams. 

11 ‘‘(b) LOCATION OF PROGRAM.—The Secretary shall 

12 carry out the program developed under subsection (a) in 

13 each Department polytrauma rehabilitation center des14 ignated by the Secretary. 

15 ‘‘(c) ELIGIBILITY.—A veteran is eligible for care 

16 under the program developed under subsection (a) if the 

17 veteran is otherwise eligible to receive hospital care and 

18 medical services under section 1710 of this title and— 

19 ‘‘(1) served on active duty in a theater of com20 bat operations (as determined by the Secretary in 

21 consultation with the Secretary of Defense) during a 

22 period of war after the Persian Gulf War, or in com23 bat against a hostile force during a period of hos24 tilities (as defined in section 1712A(a)(2)(B) of this 

25 title) after November 11, 1998; 


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1 ‘‘(2) is diagnosed as suffering from moderate to 

2 severe traumatic brain injury; and 

3 ‘‘(3) is unable to manage routine activities of 

4 daily living without supervision or assistance, as de5 termined by the Secretary. 

6 ‘‘(d) REPORT.—Not later than one year after the 

7 date of the enactment of this section, and annually there8 after, the Secretary shall submit to the Committees on 

9 Veterans’ Affairs of the Senate and the House of Rep10 resentatives a report containing the following information: 

11 ‘‘(1) A description of the operation of the pro12 gram. 

13 ‘‘(2) The number of veterans provided care 

14 under the program during the year preceding such 

15 report. 

16 ‘‘(3) The cost of operating the program during 

17 the year preceding such report.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 1710B the following new 

21 items: 

‘‘1710C. Traumatic brain injury: plans for rehabilitation and reintegration into 

the community. 

‘‘1710D. Traumatic brain injury: comprehensive plan for long-term rehabilitation.’’. 


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1 SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AF2 FAIRS FACILITIES FOR IMPLEMENTATION OF 

3 REHABILITATION AND COMMUNITY RE4 INTEGRATION PLANS FOR TRAUMATIC BRAIN 

5 INJURY. 

6 (a) IN GENERAL.—Subchapter II of chapter 17 of 

7 title 38, United States Code, is amended by inserting after 

8 section 1710D, as added by section 1702, the following 

9 new section: 

10 ‘‘§ 1710E. Traumatic brain injury: use of non-Depart11 ment facilities for rehabilitation 

12 ‘‘(a) COOPERATIVE AGREEMENTS.—The Secretary, 

13 in implementing and carrying out a plan developed under 

14 section 1710C of this title, may provide hospital care and 

15 medical services through cooperative agreements with ap16 propriate public or private entities that have established 

17 long-term neurobehavioral rehabilitation and recovery pro18 grams. 

19 ‘‘(b) AUTHORITIES OF STATE PROTECTION AND AD20 VOCACY SYSTEMS.—Nothing in subtitle C of the Develop21 mental Disabilities Assistance and Bill of Rights Act of 

22 2000 shall be construed as preventing a State protection 

23 and advocacy system (as defined in section 1710C(g) of 

24 this title) from exercising the authorities described in such 

25 subtitle with respect to individuals provided rehabilitative 


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1 treatment or services under section 1710C of this title in 

2 a non-Department facility.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 1710D, as added by sec6 tion 1702, the following new item: 

‘‘1710E. Traumatic brain injury: use of non-Departmental facilities for rehabilitation.’’. 

7 SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE 

8 PROGRAM ON TRAUMATIC BRAIN INJURY. 

9 (a) IN GENERAL.—To improve the provision of 

10 health care by the Department of Veterans Affairs to vet11 erans with traumatic brain injuries, the Secretary of Vet12 erans Affairs shall— 

13 (1) conduct research, including— 

14 (A) research on the sequelae of mild to se15 vere forms of traumatic brain injury; 

16 (B) research on visually-related neuro17 logical conditions; 

18 (C) research on seizure disorders; 

19 (D) research on means of improving the 

20 diagnosis, rehabilitative treatment, and preven21 tion of such sequelae; 

22 (E) research to determine the most effec23 tive cognitive and physical therapies for such 

24 sequelae; 


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1 (F) research on dual diagnosis of post2 traumatic stress disorder and traumatic brain 

3 injury; 

4 (G) research on improving facilities of the 

5 Department concentrating on traumatic brain 

6 injury care; and 

7 (H) research on improving the delivery of 

8 traumatic brain injury care by the Department; 

9 (2) educate and train health care personnel of 

10 the Department in recognizing and treating trau11 matic brain injury; and 

12 (3) develop improved models and systems for 

13 the furnishing of traumatic brain injury care by the 

14 Department. 

15 (b) COLLABORATION.—In carrying out research 

16 under subsection (a), the Secretary of Veterans Affairs 

17 shall collaborate with— 

18 (1) facilities that conduct research on rehabili19 tation for individuals with traumatic brain injury; 

20 (2) facilities that receive grants for such re21 search from the National Institute on Disability and 

22 Rehabilitation Research of the Department of Edu23 cation; and 

24 (3) the Defense and Veterans Brain Injury 

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1 evant programs of the Federal Government (includ2 ing Centers of Excellence). 

3 (c) DISSEMINATION OF USEFUL INFORMATION.— 

4 The Under Secretary of Veterans Affairs for Health shall 

5 ensure that information produced by the research, edu6 cation and training, and clinical activities conducted under 

7 this section that may be useful for other activities of the 

8 Veterans Health Administration is disseminated through9 out the Veterans Health Administration. 

10 (d) TRAUMATIC BRAIN INJURY REGISTRY.— 

11 (1) IN GENERAL.—The Secretary of Veterans 

12 Affairs shall establish and maintain a registry to be 

13 known as the ‘‘Traumatic Brain Injury Veterans 

14 Health Registry’’ (in this section referred to as the 

15 ‘‘Registry’’). 

16 (2) DESCRIPTION.—The Registry shall include 

17 the following information: 

18 (A) A list containing the name of each in19 dividual who served as a member of the Armed 

20 Forces in Operation Enduring Freedom or Op21 eration Iraqi Freedom who exhibits symptoms 

22 associated with traumatic brain injury, as de23 termined by the Secretary of Veterans Affairs, 

24 and who— 


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1 (i) applies for care and services fur2 nished by the Department of Veterans Af3 fairs under chapter 17 of title 38, United 

4 States Code; or 

5 (ii) files a claim for compensation 

6 under chapter 11 of such title on the basis 

7 of any disability which may be associated 

8 with such service. 

9 (B) Any relevant medical data relating to 

10 the health status of an individual described in 

11 subparagraph (A) and any other information 

12 the Secretary considers relevant and appro13 priate with respect to such an individual if the 

14 individual— 

15 (i) grants permission to the Secretary 

16 to include such information in the Reg17 istry; or 

18 (ii) is deceased at the time such indi19 vidual is listed in the Registry. 

20 (3) NOTIFICATION.—When possible, the Sec21 retary shall notify each individual listed in the Reg22 istry of significant developments in research on the 

23 health consequences of military service in the Oper24 ation Enduring Freedom and Operation Iraqi Free25 dom theaters of operations. 


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1 SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES 

2 FOR VETERANS WITH TRAUMATIC BRAIN IN3 JURY. 

4 (a) PILOT PROGRAM.—Beginning not later than 90 

5 days after the date of the enactment of this Act, the Sec6 retary of Veterans Affairs, in collaboration with the De7 fense and Veterans Brain Injury Center of the Depart8 ment of Defense, shall carry out a five-year pilot program 

9 to assess the effectiveness of providing assisted living serv10 ices to eligible veterans to enhance the rehabilitation, qual11 ity of life, and community integration of such veterans. 

12 (b) PROGRAM LOCATIONS.— 

13 (1) IN GENERAL.—The pilot program shall be 

14 carried out at locations selected by the Secretary for 

15 purposes of the pilot program. Of the locations so 

16 selected— 

17 (A) at least one location shall be in each 

18 health care region of the Veterans Health Ad19 ministration of the Department of Veterans Af20 fairs that contains a polytrauma center of the 

21 Department of Veterans Affairs; and 

22 (B) any location other than a location de23 scribed in subparagraph (A) shall be in an area 

24 that contains a high concentration of veterans 

25 with traumatic brain injuries, as determined by 

26 the Secretary. 


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1 (2) SPECIAL CONSIDERATION FOR VETERANS IN

2 RURAL AREAS.—The Secretary shall give special 

3 consideration to providing veterans in rural areas 

4 with an opportunity to participate in the pilot pro5 gram. 

6 (c) PROVISION OF ASSISTED LIVING SERVICES.— 

7 (1) AGREEMENTS.—In carrying out the pilot 

8 program, the Secretary may enter into agreements 

9 for the provision of assisted living services on behalf 

10 of eligible veterans with a provider participating 

11 under a State plan or waiver under title XIX of the 

12 Social Security Act (42 U.S.C. 1396 et seq.). 

13 (2) STANDARDS.—The Secretary may not place, 

14 transfer, or admit a veteran to any facility for as15 sisted living services under the pilot program unless 

16 the Secretary determines that the facility meets such 

17 standards as the Secretary may prescribe for pur18 poses of the pilot program. Such standards shall, to 

19 the extent practicable, be consistent with the stand20 ards of Federal, State, and local agencies charged 

21 with the responsibility of licensing or otherwise regu22 lating or inspecting such facilities. 

23 (d) CONTINUATION OF CASE MANAGEMENT AND RE24 HABILITATION SERVICES.—In carrying out the pilot pro25 gram, the Secretary shall— 


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1 (1) continue to provide each veteran who is re2 ceiving assisted living services under the pilot pro3 gram with rehabilitative services; and 

4 (2) designate employees of the Veterans Health 

5 Administration of the Department of Veterans Af6 fairs to furnish case management services for vet7 erans participating in the pilot program. 

8 (e) REPORT.— 

9 (1) IN GENERAL.—Not later than 60 days after 

10 the completion of the pilot program, the Secretary 

11 shall submit to the Committees on Veterans’ Affairs 

12 of the Senate and House of Representatives a report 

13 on the pilot program. 

14 (2) CONTENTS.—The report required by para15 graph (1) shall include the following: 

16 (A) A description of the pilot program. 

17 (B) An assessment of the utility of the ac18 tivities under the pilot program in enhancing 

19 the rehabilitation, quality of life, and commu20 nity reintegration of veterans with traumatic 

21 brain injury. 

22 (C) Such recommendations as the Sec23 retary considers appropriate regarding the ex24 tension or expansion of the pilot program. 

25 (f) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘assisted living services’’ means 

2 services of a facility in providing room, board, and 

3 personal care for and supervision of residents for 

4 their health, safety, and welfare. 

5 (2) The term ‘‘case management services’’ in6 cludes the coordination and facilitation of all services 

7 furnished to a veteran by the Department of Vet8 erans Affairs, either directly or through a contract, 

9 including assessment of needs, planning, referral (in10 cluding referral for services to be furnished by the 

11 Department, either directly or through a contract, or 

12 by an entity other than the Department), moni13 toring, reassessment, and followup. 

14 (3) The term ‘‘eligible veteran’’ means a vet15 eran who— 

16 (A) is enrolled in the patient enrollment 

17 system of the Department of Veterans Affairs 

18 under section 1705 of title 38, United States 

19 Code; 

20 (B) has received hospital care or medical 

21 services provided by the Department of Vet22 erans Affairs for a traumatic brain injury; 

23 (C) is unable to manage routine activities 

24 of daily living without supervision and assist25 ance, as determined by the Secretary; and 


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1 (D) could reasonably be expected to receive 

2 ongoing services after the end of the pilot pro3 gram under this section under another program 

4 of the Federal Government or through other 

5 means, as determined by the Secretary. 

6 SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING 

7 HOME CARE. 

8 (a) FINDING.—Congress finds that young veterans 

9 who are injured or disabled through military service and 

10 require long-term care should have access to age-appro11 priate nursing home care. 

12 (b) REQUIREMENT TO PROVIDE AGE-APPROPRIATE

13 NURSING HOME CARE.—Section 1710A of title 38, 

14 United States Code, is amended— 

15 (1) by redesignating subsection (c) as sub16 section (d); and 

17 (2) by inserting after subsection (b) the fol18 lowing new subsection (c): 

19 ‘‘(c) The Secretary shall ensure that nursing home 

20 care provided under subsection (a) is provided in an age21 appropriate manner.’’. 


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1 SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR 

2 HEALTH CARE FOR VETERANS OF COMBAT 

3 SERVICE DURING CERTAIN PERIODS OF HOS4 TILITIES AND WAR. 

5 Subparagraph (C) of section 1710(e)(3) of title 38, 

6 United States Code, is amended to read as follows: 

7 ‘‘(C) in the case of care for a veteran described 

8 in paragraph (1)(D) who— 

9 ‘‘(i) is discharged or released from the ac10 tive military, naval, or air service after the date 

11 that is five years before the date of the enact12 ment of the National Defense Authorization Act 

13 for Fiscal Year 2008, after a period of five 

14 years beginning on the date of such discharge 

15 or release; or 

16 ‘‘(ii) is so discharged or released more than 

17 five years before the date of the enactment of 

18 that Act and who did not enroll in the patient 

19 enrollment system under section 1705 of this 

20 title before such date, after a period of three 

21 years beginning on the date of the enactment of 

22 that Act; and’’. 

23 SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR 

24 MENTAL HEALTH CONDITIONS IN VETERANS. 

25 (a) PRESUMPTION OF SERVICE-CONNECTION FOR

26 MENTAL ILLNESS IN PERSIAN GULF WAR VETERANS.— 


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1 (1) IN GENERAL.—Section 1702 of title 38, 

2 United States Code, is amended— 

3 (A) by inserting ‘‘(a) PSYCHOSIS.—’’ be4 fore ‘‘For the purposes’’; and 

5 (B) by adding at the end the following new 

6 subsection: 

7 ‘‘(b) MENTAL ILLNESS.—For purposes of this chap8 ter, any veteran of the Persian Gulf War who develops 

9 an active mental illness (other than psychosis) shall be 

10 deemed to have incurred such disability in the active mili11 tary, naval, or air service if such veteran develops such 

12 disability— 

13 ‘‘(1) within two years after discharge or release 

14 from the active military, naval, or air service; and 

15 ‘‘(2) before the end of the two-year period be16 ginning on the last day of the Persian Gulf War.’’. 

17 (2) HEADING AMENDMENT.—The heading of 

18 such section is amended to read as follows: 

19 ‘‘§ 1702. Presumptions: psychosis after service in 

20 World War II and following periods of 

21 war; mental illness after service in the 

22 Persian Gulf War’’. 

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 17 of such title is 


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1 amended by striking the item relating to section 

2 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.’’. 

3 (b) PROVISION OF MENTAL HEALTH ASSESSMENTS

4 FOR CERTAIN VETERANS.—Section 1712A(a) of such title 

5 is amended— 

6 (1) in paragraph (1)(B), by adding at the end 

7 the following new clause: 

8 ‘‘(iii) Any veteran who served on active duty— 

9 ‘‘(I) in a theater of combat operations (as 

10 determined by the Secretary in consultation 

11 with the Secretary of Defense) during a period 

12 of war after the Persian Gulf War; or 

13 ‘‘(II) in combat against a hostile force dur14 ing a period of hostilities (as defined in para15 graph (2)(B)) after November 11, 1998.’’; and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) Upon request of a veteran described in para19 graph (1)(B)(iii), the Secretary shall provide the veteran 

20 a preliminary general mental health assessment as soon 

21 as practicable after receiving the request, but not later 

22 than 30 days after receiving the request.’’. 


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1 SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FUR2 NISHING OUTPATIENT DENTAL SERVICES TO 

3 VETERANS WITH SERVICE-CONNECTED DEN4 TAL CONDITIONS OR DISABILITIES. 

5 Section 1712(a)(1)(B)(iii) of title 38, United States 

6 Code, is amended— 

7 (1) by striking ‘‘90 days after such discharge’’ 

8 and inserting ‘‘180 days after such discharge’’; 

9 (2) by striking ‘‘90 days from the date of such 

10 veteran’s subsequent discharge’’ and inserting ‘‘180 

11 days from the date of such veteran’s subsequent dis12 charge’’; and 

13 (3) by striking ‘‘90 days after the date of cor14 rection’’ and inserting ‘‘180 days after the date of 

15 correction’’. 

16 SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH 

17 SERVICES PROGRAM OF DEPARTMENT OF 

18 VETERANS AFFAIRS. 

19 (a) CLARIFICATION OF INCLUSION OF MEMBERS OF

20 THE NATIONAL GUARD AND RESERVE IN PROGRAM.— 

21 Subsection (a)(1) of section 6301 of title 38, United 

22 States Code, is amended by inserting ‘‘, or from a reserve 

23 component,’’ after ‘‘active military, naval, or air service’’. 

24 (b) DEFINITION OF OUTREACH.—Subsection (b) of 

25 such section is amended— 


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1 (1) by redesignating paragraphs (1) and (2) as 

2 paragraphs (2) and (3), respectively; and 

3 (2) by inserting before paragraph (2) the fol4 lowing new paragraph (1): 

5 ‘‘(1) the term ‘outreach’ means the act or proc6 ess of reaching out in a systematic manner to 

7 proactively provide information, services, and bene8 fits counseling to veterans, and to the spouses, chil9 dren, and parents of veterans who may be eligible to 

10 receive benefits under the laws administered by the 

11 Secretary, to ensure that such individuals are fully 

12 informed about, and receive assistance in applying 

13 for, such benefits;’’. 

14 SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR 

15 PURPOSES OF TRAUMATIC 

16 SERVICEMEMBERS’ GROUP LIFE INSURANCE. 

17 Section 1980A of title 38, United States Code, is 

18 amended by adding at the end the following new sub19 section: 

20 ‘‘(k) DESIGNATION OF FIDUCIARY OR TRUSTEE.— 

21 (1) The Secretary concerned, in consultation with the Sec22 retary, shall develop a process for the designation of a fi23 duciary or trustee of a member of the uniformed services 

24 who is insured against traumatic injury under this section. 

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1 ment for a qualifying loss under this section if the member 

2 is medically incapacitated (as determined pursuant to reg3 ulations prescribed by the Secretary concerned in con4 sultation with the Secretary) or experiencing an extended 

5 loss of consciousness. 

6 ‘‘(2) The process under paragraph (1) may require 

7 each member of the uniformed services who is insured 

8 under this section to— 

9 ‘‘(A) designate an individual as the member’s 

10 fiduciary or trustee for purposes of subsection (a); 

11 or 

12 ‘‘(B) elect that a court of proper jurisdiction 

13 designate an individual as the member’s fiduciary or 

14 trustee for purposes of subsection (a) in the event 

15 that the member becomes medically incapacitated or 

16 experiences an extended loss of consciousness.’’. 

17 TITLE XVIII—NATIONAL GUARD 

18 BUREAU MATTERS AND RE19 LATED 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 


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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. 

1 SEC. 1801. SHORT TITLE. 

2 This title may be cited as the ‘‘National Guard Em3 powerment Act of 2007’’. 

4 Subtitle A—National Guard Bureau 

5 SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIRE6 MENT OF THE CHIEF OF THE NATIONAL 

7 GUARD BUREAU. 

8 (a) APPOINTMENT.—Subsection (a) of section 10502 

9 of title 10, United States Code, is amended by striking 

10 paragraphs (1) through (3) and inserting the following 

11 new paragraphs: 

12 ‘‘(1) are recommended for such appointment by 

13 their respective Governors or, in the case of the Dis14 trict of Columbia, the commanding general of the 

15 District of Columbia National Guard; 

16 ‘‘(2) are recommended for such appointment by 

17 the Secretary of the Army or the Secretary of the 

18 Air Force; 

19 ‘‘(3) have had at least 10 years of federally rec20 ognized commissioned service in an active status in 

21 the National Guard; 


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1 ‘‘(4) are in a grade above the grade of brigadier 

2 general; 

3 ‘‘(5) are determined by the Chairman of the 

4 Joint Chiefs of Staff, in accordance with criteria and 

5 as a result of a process established by the Chairman, 

6 to have significant joint duty experience; 

7 ‘‘(6) are determined by the Secretary of De8 fense to have successfully completed such other as9 signments and experiences so as to possess a de10 tailed understanding of the status and capabilities of 

11 National Guard forces and the missions of the Na12 tional Guard Bureau as set forth in section 10503 

13 of this title; 

14 ‘‘(7) have a level of operational experience in a 

15 position of significant responsibility, professional 

16 military education, and demonstrated expertise in 

17 national defense and homeland defense matters that 

18 are commensurate with the advisory role of the 

19 Chief of the National Guard Bureau; and 

20 ‘‘(8) possess such other qualifications as the 

21 Secretary of Defense shall prescribe for purposes of 

22 this section.’’. 

23 (b) GRADE.—Subsection (d) of such section is 

24 amended by striking ‘‘lieutenant general’’ and inserting 

25 ‘‘general’’. 


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1 (c) REPEAL OF AGE 64 LIMITATION ON SERVICE.— 

2 Subsection (b) of such section is amended by striking ‘‘An 

3 officer may not hold that office after becoming 64 years 

4 of age.’’. 

5 (d) ADVISORY DUTIES.—Subsection (c) of such sec6 tion is amended to read as follows: 

7 ‘‘(c) ADVISOR ON NATIONAL GUARD MATTERS.—The 

8 Chief of the National Guard Bureau is— 

9 ‘‘(1) a principal advisor to the Secretary of De10 fense, through the Chairman of the Joint Chiefs of 

11 Staff, on matters involving non-federalized National 

12 Guard forces and on other matters as determined by 

13 the Secretary of Defense; and 

14 ‘‘(2) the principal adviser to the Secretary of 

15 the Army and the Chief of Staff of the Army, and 

16 to the Secretary of the Air Force and the Chief of 

17 Staff of the Air Force, on matters relating to the 

18 National Guard, the Army National Guard of the 

19 United States, and the Air National Guard of the 

20 United States.’’. 

21 SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU 

22 AS JOINT ACTIVITY OF THE DEPARTMENT OF 

23 DEFENSE. 

24 (a) JOINT ACTIVITY OF THE DEPARTMENT OF DE25 FENSE.—Subsection (a) of section 10501 of title 10, 


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1 United States Code, is amended by striking ‘‘joint bureau 

2 of the Department of the Army and the Department of 

3 the Air Force’’ and inserting ‘‘joint activity of the Depart4 ment of Defense’’. 

5 (b) JOINT MANPOWER REQUIREMENTS.— 

6 (1) IN GENERAL.—Chapter 1011 of such title is 

7 amended by adding at the end the following new sec8 tion: 

9 ‘‘§ 10508. National Guard Bureau: general provisions 

10 ‘‘The manpower requirements of the National Guard 

11 Bureau as a joint activity of the Department of Defense 

12 shall be determined in accordance with regulations pre13 scribed by the Secretary of Defense, in consultation with 

14 the Chairman of the Joint Chiefs of Staff.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended 

17 by adding at the end the following new item: 

‘‘10508. National Guard Bureau: general provisions.’’. 

18 SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NA19 TIONAL GUARD BUREAU. 

20 (a) ADDITIONAL GENERAL FUNCTIONS.—Section 

21 10503 of title 10, United States Code, is amended— 

22 (1) by redesignating paragraph (12) as para23 graph (14) and inserting before such paragraph (14) 

24 the following new paragraph (13): 


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1 ‘‘(13)(A) Assisting the Secretary of Defense in 

2 facilitating and coordinating with the entities listed 

3 in subparagraph (B) the use of National Guard per4 sonnel and resources for operations conducted under 

5 title 32, or in support of State missions. 

6 ‘‘(B) The entities listed in this subparagraph 

7 for purposes of subparagraph (A) are the following: 

8 ‘‘(i) Other Federal agencies. 

9 ‘‘(ii) The Adjutants General of the States. 

10 ‘‘(iii) The United States Joint Forces 

11 Command. 

12 ‘‘(iv) The combatant command the geo13 graphic area of responsibility of which includes 

14 the United States.’’; 

15 (2) by redesignating paragraphs (2) through 

16 (11) as paragraphs (3) through (12), respectively; 

17 and 

18 (3) by inserting after paragraph (1) the fol19 lowing new paragraph (2): 

20 ‘‘(2) The role of the National Guard Bureau in 

21 support of the Secretary of the Army and the Sec22 retary of the Air Force.’’. 

23 (b) CHARTER DEVELOPED AND PRESCRIBED BY

24 SECRETARY OF DEFENSE.—Section 10503 of such title 

25 is further amended— 


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1 (1) in the matter preceding paragraph (1)— 

2 (A) by striking ‘‘The Secretary of the 

3 Army and the Secretary of the Air Force shall 

4 jointly develop’’ and inserting ‘‘The Secretary of 

5 Defense, in consultation with the Chairman of 

6 the Joint Chiefs of Staff, the Secretary of the 

7 Army, and the Secretary of the Air Force, shall 

8 develop’’; and 

9 (B) by striking ‘‘cover’’ in the second sen10 tence and inserting ‘‘reflect the full scope of the 

11 duties and activities of the Bureau, including’’; 

12 and 

13 (2) in paragraph (14), as redesignated by sub14 section (a)(1), by striking ‘‘the Secretaries’’ and in15 serting ‘‘the Secretary of Defense’’. 

16 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

17 (1) CONFORMING AMENDMENT.—The heading 

18 of section 10503 of such title is amended to read as 

19 follows: 

20 ‘‘§ 10503. Functions of National Guard Bureau: char21 ter’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 1011 of such title 

24 is amended by striking the item relating to section 

25 10503 and inserting the following new item: 

‘‘10503. Functions of National Guard Bureau: charter.’’. 


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1 SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

2 PREPARE PLAN FOR RESPONSE TO NATURAL 

3 DISASTERS AND TERRORIST EVENTS. 

4 (a) REQUIREMENT FOR PLAN.— 

5 (1) IN GENERAL.—Not later than June 1, 

6 2008, the Secretary of Defense, in consultation with 

7 the Secretary of Homeland Security, the Chairman 

8 of the Joint Chiefs of Staff, the commander of the 

9 United States Northern Command, and the Chief of 

10 the National Guard Bureau, shall prepare and sub11 mit to Congress a plan for coordinating the use of 

12 the National Guard and members of the Armed 

13 Forces on active duty when responding to natural 

14 disasters, acts of terrorism, and other man-made 

15 disasters as identified in the national planning sce16 narios described in subsection (e). 

17 (2) UPDATE.—Not later than June 1, 2010, the 

18 Secretary, in consultation with the persons consulted 

19 under paragraph (1), shall submit to Congress an 

20 update of the plan required under paragraph (1). 

21 (b) INFORMATION TO BE PROVIDED TO SEC22 RETARY.—To assist the Secretary of Defense in preparing 

23 the plan, the National Guard Bureau, pursuant to its pur24 pose as channel of communications as set forth in section 

25 10501(b) of title 10, United States Code, shall provide to 

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1 tants general of States, and other State civil authorities 

2 responsible for homeland preparation and response to nat3 ural and man-made disasters. 

4 (c) TWO VERSIONS.—The plan shall set forth two 

5 versions of response, one using only members of the Na6 tional Guard, and one using both members of the National 

7 Guard and members of the regular components of the 

8 Armed Forces. 

9 (d) MATTERS COVERED.—The plan shall cover, at a 

10 minimum, the following: 

11 (1) Protocols for the Department of Defense, 

12 the National Guard Bureau, and the Governors of 

13 the several States to carry out operations in coordi14 nation with each other and to ensure that Governors 

15 and local communities are properly informed and re16 main in control in their respective States and com17 munities. 

18 (2) An identification of operational procedures, 

19 command structures, and lines of communication to 

20 ensure a coordinated, efficient response to contin21 gencies. 

22 (3) An identification of the training and equip23 ment needed for both National Guard personnel and 

24 members of the Armed Forces on active duty to pro25 vide military assistance to civil authorities and for 


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1 other domestic operations to respond to hazards 

2 identified in the national planning scenarios. 

3 (e) NATIONAL PLANNING SCENARIOS.—The plan 

4 shall provide for response to the following hazards: 

5 (1) Nuclear detonation, biological attack, bio6 logical disease outbreak/pandemic flu, the plague, 

7 chemical attack-blister agent, chemical attack-toxic 

8 industrial chemicals, chemical attack-nerve agent, 

9 chemical attack-chlorine tank explosion, major hurri10 cane, major earthquake, radiological attack-radio11 logical dispersal device, explosives attack-bombing 

12 using improvised explosive device, biological attack13 food contamination, biological attack-foreign animal 

14 disease and cyber attack. 

15 (2) Any other hazards identified in a national 

16 planning scenario developed by the Homeland Secu17 rity Council. 

18 SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE 

19 CIVIL SUPPORT REQUIREMENTS. 

20 (a) DETERMINATION OF REQUIREMENTS.—The Sec21 retary of Defense, in consultation with the Secretary of 

22 Homeland Security, shall determine the military-unique 

23 capabilities needed to be provided by the Department of 

24 Defense to support civil authorities in an incident of na25 tional significance or a catastrophic incident. 


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1 (b) PLAN FOR FUNDING CAPABILITIES.— 

2 (1) PLAN.—The Secretary of Defense shall de3 velop and implement a plan, in coordination with the 

4 Secretaries of the military departments and the 

5 Chairman of the Joint Chiefs of Staff, for providing 

6 the funds and resources necessary to develop and 

7 maintain the following: 

8 (A) The military-unique capabilities deter9 mined under subsection (a). 

10 (B) Any additional capabilities determined 

11 by the Secretary to be necessary to support the 

12 use of the active components and the reserve 

13 components of the Armed Forces for homeland 

14 defense missions, domestic emergency re15 sponses, and providing military support to civil 

16 authorities. 

17 (2) TERM OF PLAN.—The plan required under 

18 paragraph (1) shall cover at least five years. 

19 (c) BUDGET.—The Secretary of Defense shall include 

20 in the materials accompanying the budget submitted for 

21 each fiscal year a request for funds necessary to carry out 

22 the plan required under subsection (b) during the fiscal 

23 year covered by the budget. The defense budget materials 

24 shall delineate and explain the budget treatment of the 


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1 plan for each component of each military department, each 

2 combatant command, and each affected Defense Agency. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘military-unique capabilities’’ 

5 means those capabilities that, in the view of the Sec6 retary of Defense— 

7 (A) cannot be provided by other Federal, 

8 State, or local civilian agencies; and 

9 (B) are essential to provide support to civil 

10 authorities in an incident of national signifi11 cance or a catastrophic incident. 

12 (2) The term ‘‘defense budget materials’’, with 

13 respect to a fiscal year, means the materials sub14 mitted to Congress by the Secretary of Defense in 

15 support of the budget for that fiscal year. 

16 (e) STRATEGIC PLANNING GUIDANCE.—Section 

17 113(g)(2) of title 10, United States Code, is amended by 

18 striking ‘‘contingency plans’’ at the end of the first sen19 tence and inserting the following: ‘‘contingency plans, in20 cluding plans for providing support to civil authorities in 

21 an incident of national significance or a catastrophic inci22 dent, for homeland defense, and for military support to 

23 civil authorities’’. 


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1 Subtitle B—Additional Reserve 

2 Component Enhancement 

3 SEC. 1821. UNITED STATES NORTHERN COMMAND. 

4 (a) MANPOWER REVIEW.— 

5 (1) REVIEW BY CHAIRMAN OF THE JOINT

6 CHIEFS OF STAFF.—Not later than one year after 

7 the date of the enactment of this Act, the Chairman 

8 of the Joint Chiefs of Staff shall submit to the Sec9 retary of Defense a review of the civilian and mili10 tary positions, job descriptions, and assignments 

11 within the United States Northern Command with 

12 the goal of determining the feasibility of significantly 

13 increasing the number of members of a reserve com14 ponent assigned to, and civilians employed by, the 

15 United States Northern Command who have experi16 ence in the planning, training, and employment of 

17 forces for homeland defense missions, domestic 

18 emergency response, and providing military support 

19 to civil authorities. 

20 (2) SUBMISSION OF RESULTS OF REVIEW.—Not 

21 later than 90 days after the date on which the Sec22 retary of Defense receives the results of the review 

23 under paragraph (1), the Secretary shall submit to 

24 Congress a copy of the results of the review, to25 gether with such recommendations as the Secretary 


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1 considers appropriate to achieve the objectives of the 

2 review. 

3 (b) DEFINITION.—In this section, the term ‘‘United 

4 States Northern Command’’ means the combatant com5 mand the geographic area of responsibility of which in6 cludes the United States. 

7 SEC. 1822. COUNCIL OF GOVERNORS. 

8 The President shall establish a bipartisan Council of 

9 Governors to advise the Secretary of Defense, the Sec10 retary of Homeland Security, and the White House Home11 land Security Council on matters related to the National 

12 Guard and civil support missions. 

13 SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD. 

14 (a) PLAN.—The Secretary of Defense shall develop 

15 a plan to implement revisions that the Secretary deter16 mines necessary in the designation, organization, member17 ship, functions, procedures, and legislative framework of 

18 the Reserve Forces Policy Board. The plan— 

19 (1) shall be consistent with the findings, conclu20 sions, and recommendations included in Part III E 

21 of the Report of the Commission on the National 

22 Guard and Reserves of March 1, 2007; and 

23 (2) to the extent possible, shall take into ac24 count the views and recommendations of civilian and 

25 military leaders, past chairmen of the Reserve 


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1 Forces Policy Board, private organizations with ex2 pertise and interest in Department of Defense orga3 nization, and other individuals or groups in the dis4 cretion of the Secretary. 

5 (b) REPORT.—Not later than July 1, 2008, the Sec6 retary of Defense shall submit to the Committees on 

7 Armed Services of the Senate and the House of Represent8 atives a report on the plan developed under subsection (a), 

9 including such recommendations for legislation as the Sec10 retary considers necessary. 

11 SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR RE12 QUIRED TO BE HELD BY RESERVE COMPO13 NENT GENERAL OR FLAG OFFICERS. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that, whenever officers of the Armed Forces are con16 sidered for promotion to the grade of lieutenant general, 

17 or vice admiral in the case of the Navy, on the active duty 

18 list, officers in the reserve components of the Armed 

19 Forces who are eligible for promotion to such grade should 

20 be considered for promotion to such grade. 

21 (b) NATIONAL GUARD OFFICER AS DEPUTY COM22 MANDER OF UNITED STATES NORTHERN COMMAND.— 

23 Section 164(e) of title 10, United States Code, is amended 

24 by adding at the end the following new paragraph: 


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1 ‘‘(4) At least one deputy commander of the combat2 ant command the geographic area of responsibility of 

3 which includes the United States shall be a qualified offi4 cer of the National Guard who is eligible for promotion 

5 to the grade of O–9, unless a National Guard officer is 

6 serving as commander of that combatant command.’’. 

7 (c) INCREASE IN NUMBER OF UNIFIED AND SPECI8 FIED COMBATANT COMMAND POSITIONS FOR RESERVE

9 COMPONENT OFFICERS.—Section 526(b)(2)(A) of such 

10 title is amended by striking ‘‘10 general and flag officer 

11 positions on the staffs of the commanders of’’ and insert12 ing ‘‘15 general and flag officer positions in’’. 

13 SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMI14 TATIONS ON CERTAIN RESERVE GENERAL 

15 AND FLAG OFFICERS. 

16 (a) RETIREMENT FOR AGE.— 

17 (1) INCLUSION OF RESERVE GENERALS AND

18 ADMIRALS.—Section 14511 of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 14511. Separation at age 64: officers in grade of 

21 major general or rear admiral and above 

22 ‘‘(a) SEPARATION REQUIRED.—Unless retired, trans23 ferred to the Retired Reserve, or discharged at an earlier 

24 date, each reserve officer of the Army, Air Force, or Ma25 rine Corps in the grade of major general or above and 


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1 each reserve officer of the Navy in the grade of rear admi2 ral or above shall be separated in accordance with section 

3 14515 of this title on the last day of the month in which 

4 the officer becomes 64 years of age. 

5 ‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 

6 AND O–10 POSITIONS.—The retirement of a reserve offi7 cer of the Army, Air Force, or Marine Corps in the grade 

8 of lieutenant general or general, or a reserve officer of the 

9 Navy in the grade of vice admiral or admiral, under sub10 section (a) may be deferred— 

11 ‘‘(1) by the President, but such a deferment 

12 may not extend beyond the first day of the month 

13 following the month in which the officer becomes 68 

14 years of age; or 

15 ‘‘(2) by the Secretary of Defense, but such a 

16 deferment may not extend beyond the first day of 

17 the month following the month in which the officer 

18 becomes 66 years of age. 

19 ‘‘(c) EXCEPTION FOR OFFICERS HOLDING CERTAIN

20 OFFICES.—This section does not apply to an officer cov21 ered by section 14512 of this title.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 1407 of such title 

24 is amended by striking the item relating to section 

25 14511 and inserting the following new item: 


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‘‘14511. Separation at age 64: officers in grade of major general or rear admiral 

and above.’’. 

1 (b) CONFORMING AMENDMENTS AND RESERVE OF2 FICERS HOLDING CERTAIN OTHER OFFICES.—Section 

3 14512 of such title is amended— 

4 (1) in subsection (a)(2)— 

5 (A) by striking subparagraph (A); and 

6 (B) by redesignating subparagraphs (B), 

7 (C), and (D) as subparagraphs (A), (B), and 

8 (C), respectively; and 

9 (2) in subsection (b)— 

10 (A) by inserting ‘‘(1)’’ before ‘‘The Sec11 retary’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The Secretary of Defense may defer the retire15 ment of a reserve officer serving in the position of Chief 

16 of the Navy Reserve or Commander of the Marine Forces 

17 Reserve, but such deferment may not extend beyond the 

18 first day of the month following the month in which the 

19 officer becomes 66 years of age. A deferment under this 

20 paragraph shall not count toward the limitation on the 

21 total number of officers whose retirement may be deferred 

22 at any one time under paragraph (1).’’. 

23 (c) IMPOSITION OF YEARS OF SERVICE LIMITA24 TION.— 


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1 (1) IMPOSITION OF LIMITATION.—Section 

2 14508 of such title is amended by inserting after 

3 subsection (c), as added by section 513, the fol4 lowing new subsection: 

5 ‘‘(d) FORTY YEARS OF SERVICE FOR GENERALS AND

6 ADMIRALS.—Unless retired, transferred to the Retired 

7 Reserve, or discharged at an earlier date, each reserve offi8 cer of the Army, Air Force, or Marine Corps in the grade 

9 of general and each reserve officer of the Navy in the 

10 grade of admiral shall be separated in accordance with sec11 tion 14514 of this title on the first day of the first month 

12 beginning after the date of the fifth anniversary of the 

13 officer’s appointment to that grade or 30 days after the 

14 date on which the officer completes 40 years of commis15 sioned service, whichever is later.’’. 

16 (2) CONFORMING AMENDMENTS.—Subsection 

17 (b) of section 10502 of such title, as amended by 

18 section 1811, is further amended— 

19 (A) by inserting ‘‘(1)’’ before the first sen20 tence; and 

21 (B) by striking ‘‘While holding that office’’ 

22 and inserting the following: 

23 ‘‘(2) Except as provided in section 14508(d) of this 

24 title, while holding the office of Chief of the National 

25 Guard Bureau’’. 


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1 SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RE2 LATING TO NATIONAL GUARD EQUIPMENT. 

3 Section 10541 of title 10, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(d) Each report under this section concerning equip7 ment of the National Guard shall also include the fol8 lowing: 

9 ‘‘(1) A statement of the accuracy of the projec10 tions required by subsection (b)(5)(D) contained in 

11 earlier reports under this section, and an expla12 nation, if the projection was not met, of why the 

13 projection was not met. 

14 ‘‘(2) A certification from the Chief of the Na15 tional Guard Bureau setting forth an inventory for 

16 the preceding fiscal year of each item of equip17 ment— 

18 ‘‘(A) for which funds were appropriated; 

19 ‘‘(B) which was due to be procured for the 

20 National Guard during that fiscal year; and 

21 ‘‘(C) which has not been received by a Na22 tional Guard unit as of the close of that fiscal 

23 year.’’. 


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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2008’’. 

7 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

8 AMOUNTS REQUIRED TO BE SPECIFIED BY 

9 LAW. 

10 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

11 YEARS.—Except as provided in subsection (b), all author12 izations contained in titles XXI through XXVII and in 

13 title XXIX for military construction projects, land acquisi14 tion, family housing projects and facilities, and contribu15 tions to the North Atlantic Treaty Organization Security 

16 Investment Program (and authorizations of appropria17 tions therefor) shall expire on the later of— 

18 (1) October 1, 2010; or 

19 (2) the date of the enactment of an Act author20 izing funds for military construction for fiscal year 

21 2011. 

22 (b) EXCEPTION.—Subsection (a) shall not apply to 

23 authorizations for military construction projects, land ac24 quisition, family housing projects and facilities, and con25 tributions to the North Atlantic Treaty Organization SeVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01275 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have 

3 been obligated before the later of— 

4 (1) October 1, 2010; or 

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2011 for military con7 struction projects, land acquisition, family housing 

8 projects and facilities, or contributions to the North 

9 Atlantic Treaty Organization Security Investment 

10 Program. 

11 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. 

12 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 (a) INSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in section 2104(a)(1), the Secretary of the Army 

17 may acquire real property and carry out military construc18 tion projects for the installations or locations inside the 


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1 United States, and in the amounts, set forth in the fol2 lowing 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 

............................. 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 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(2), the Secretary of the Army 

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1 tion projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing 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 

4 SEC. 2102. FAMILY HOUSING. 

5 (a) CONSTRUCTION AND ACQUISITION.—Using 

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(5)(A), the Secretary of the 

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the 

10 installations or locations, in the number of units, and in 

11 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 

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 2104(a)(5)(A), the Secretary of the Army may 

15 carry out architectural and engineering services and con16 struction design activities with respect to the construction 


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1 or improvement of family housing units in an amount not 

2 to exceed $2,000,000. 

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2104(a)(5)(A), 

8 the Secretary of the Army may improve existing military 

9 family housing units in an amount not to exceed 

10 $365,400,000. 

11 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated for fiscal years 

14 beginning after September 30, 2007, for military con15 struction, land acquisition, and military family housing 

16 functions of the Department of the Army in the total 

17 amount of $5,106,703,000 as follows: 

18 (1) For military construction projects inside the 

19 United States authorized by section 2101(a), 

20 $3,198,150,000. 

21 (2) For military construction projects outside 

22 the United States authorized by section 2101(b), 

23 $254,950,000. 


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1 (3) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $25,900,000. 

4 (4) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $321,983,000. 

7 (5) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $424,400,000. 

11 (B) For support of military family housing 

12 (including the functions described in section 

13 2833 of title 10, United States Code), 

14 $731,920,000. 

15 (6) For the construction of increment 2 of a 

16 barracks complex at Fort Lewis, Washington, au17 thorized by section 2101(a) of the Military Construc18 tion Authorization Act for Fiscal Year 2007 (divi19 sion B of Public Law 109–364; 120 Stat. 2445), as 

20 amended by section 20814 of the Continuing Appro21 priations Resolution, 2007 (division B of Public Law 

22 109–289), as added by section 2 of the Revised Con23 tinuing Appropriations Resolution, 2007 (Public 

24 Law 110–5; 121 Stat. 41), $102,000,000. 


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1 (7) For the construction of increment 3 of a 

2 barracks complex at Fort Bragg, North Carolina, 

3 authorized by section 2101(a) of the Military Con4 struction Authorization Act for Fiscal Year 2006 

5 (division B of Public Law 109–163; 119 Stat. 

6 3485), $47,400,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2101 of this Act 

12 may not exceed the sum of the following: 

13 (1) The total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection 

15 (a). 

16 (2) $137,000,000 (the balance of the amount 

17 authorized under section 2101(a) for construction of 

18 the United States Southern Command Head19 quarters, Miami, Florida). 

20 (3) $63,500,000 (the balance of the amount au21 thorized under section 2101(b) for construction of a 

22 brigade complex operations support facility at 

23 Vicenza, Italy). 

24 (4) $63,500,000 (the balance of the amount au25 thorized under section 2101(b) for construction of a 


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1 brigade complex barracks and community support 

2 facility at Vicenza, Italy). 

3 SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT 

4 FISCAL YEAR 2007 ARMY PROJECTS FOR 

5 WHICH FUNDS WERE NOT APPROPRIATED. 

6 (a) TERMINATION OF INSIDE THE UNITED STATES

7 PROJECTS.—The table in section 2101(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2007 (di9 vision B of Public Law 109–364; 120 Stat. 2445), as 

10 amended by section 20814 of the Continuing Appropria11 tions Resolution, 2007 (division B of Public Law 109– 

12 289), as added by section 2 of the Revised Continuing Ap13 propriations Resolution, 2007 (Public Law 110–5), is fur14 ther amended— 

15 (1) by striking the item relating to Redstone 

16 Arsenal, Alabama; 

17 (2) by striking the item relating to Fort Wain18 wright, Alaska; 

19 (3) in the item relating to Fort Irwin, Cali20 fornia, by striking ‘‘$18,200,000’’ in the amount col21 umn and inserting ‘‘$10,000,000’’; 

22 (4) in the item relating to Fort Carson, Colo23 rado, by striking ‘‘$30,800,000’’ in the amount col24 umn and inserting ‘‘$24,000,000’’; 


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1 (5) in the item relating to Fort Leavenworth, 

2 Kansas, by striking ‘‘$23,200,000’’ in the amount 

3 column and inserting ‘‘$15,000,000’’; 

4 (6) in the item relating to Fort Riley, Kansas, 

5 by striking ‘‘$47,400,000’’ in the amount column 

6 and inserting ‘‘$37,200,000’’; 

7 (7) in the item relating to Fort Campbell, Ken8 tucky, by striking ‘‘$135,300,000’’ in the amount 

9 column and inserting ‘‘$115,400,000’’; 

10 (8) by striking the item relating to Fort Polk, 

11 Louisiana; 

12 (9) by striking the item relating to Aberdeen 

13 Proving Ground, Maryland; 

14 (10) by striking the item relating to Fort 

15 Detrick, Maryland; 

16 (11) by striking the item relating to Detroit Ar17 senal, Michigan; 

18 (12) in the item relating to Fort Leonard 

19 Wood, Missouri, by striking ‘‘$34,500,000’’ in the 

20 amount column and inserting ‘‘$17,000,000’’; 

21 (13) by striking the item relating to Picatinny 

22 Arsenal, New Jersey; 

23 (14) in the item relating to Fort Drum, New 

24 York, by striking ‘‘$218,600,000’’ in the amount 

25 column and inserting ‘‘$209,200,000’’; 


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1 (15) in the item relating to Fort Bragg, North 

2 Carolina, by striking ‘‘$96,900,000’’ in the amount 

3 column and inserting ‘‘$89,000,000’’; 

4 (16) by striking the item relating to 

5 Letterkenny Depot, Pennsylvania; 

6 (17) by striking the item relating to Corpus 

7 Christi Army Depot, Texas; 

8 (18) by striking the item relating to Fort Bliss, 

9 Texas; 

10 (19) in the item relating to Fort Hood, Texas, 

11 by striking ‘‘$93,000,000’’ in the amount column 

12 and inserting ‘‘$75,000,000’’; 

13 (20) by striking the item relating to Red River 

14 Depot, Texas; and 

15 (21) by striking the item relating to Fort Lee, 

16 Virginia. 

17 (b) CONFORMING AMENDMENTS.—Section 2104(a) 

18 of such Act (120 Stat. 2447) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘$3,518,450,000’’ and inserting 

21 ‘‘$3,275,700,000’’; and 

22 (2) in paragraph (1), by striking 

23 ‘‘$1,362,200,000’’ and inserting ‘‘$1,119,450,000’’. 


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1 SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CON2 STRUCTION AUTHORIZATION ACT FOR FIS3 CAL YEAR 2007. 

4 (a) LOCATION OF PROJECT IN ROMANIA.—The table 

5 in section 2101(b) of the Military Construction Authoriza6 tion Act for 2007 (division B of Public Law 109–364; 120 

7 Stat. 2446) is amended by striking ‘‘Babadag Range’’ and 

8 inserting ‘‘Mihail Kogalniceanu Air Base’’. 

9 (b) SPELLING ERROR RELATING TO ARMY FAMILY

10 HOUSING.—The table in section 2102(a) of the Military 

11 Construction Authorization Act for 2007 (division B of 

12 Public Law 109–364; 120 Stat. 2446) is amended by 

13 striking ‘‘Fort McCoyine’’ and inserting ‘‘Fort McCoy’’. 

14 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 

15 CERTAIN FISCAL YEAR 2006 PROJECT. 

16 (a) MODIFICATION.—The table in section 2101(a) of 

17 the Military Construction Authorization Act for Fiscal 

18 Year 2006 (division B of Public Law 109–163; 119 Stat. 

19 3485) is amended in the item relating to Fort Bragg, 

20 North Carolina, by striking ‘‘$301,250,000’’ in the 

21 amount column and inserting ‘‘$308,250,000’’. 

22 (b) CONFORMING AMENDMENTS.—Section 

23 2104(b)(5) of that Act (119 Stat. 3488) is amended by 

24 striking ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’. 


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1 SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN 

2 FISCAL YEAR 2005 PROJECT. 

3 (a) EXTENSION AND RENEWAL.—Notwithstanding 

4 section 2701 of the Military Construction Authorization 

5 Act for Fiscal Year 2005 (division B of Public Law 108– 

6 375; 118 Stat. 2116), the authorization set forth in the 

7 table in subsection (b), as provided in section 2101 of that 

8 Act (118 Stat. 2101), shall remain in effect until October 

9 1, 2008, or the date of the enactment of an Act author10 izing funds for military construction for fiscal year 2009, 

11 whichever is later. 

12 (b) TABLE.—The table referred to in subsection (a) 

13 is as follows: 

Army: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Schofield Barracks, Hawaii .............. Training facility ..................... $35,542,000 

14 SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS 

15 FACILITY, MIAMI-DORAL, FLORIDA. 

16 (a) GROUND LEASE AUTHORIZED.—The Secretary of 

17 the Army may utilize the State of Florida property as de18 scribed in sublease number 4489–01, entered into between 

19 the State of Florida and the United States (in this section 

20 referred to as the ‘‘ground lease’’), for the purpose of con21 structing a consolidated headquarters facility for the 

22 United States Southern Command (SOUTHCOM). 


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1 (b) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretary of the Army may carry out the project to con3 struct a new headquarters on property leased from the 

4 State of Florida when the following conditions have been 

5 met regarding the lease for the property: 

6 (1) The United States Government shall have 

7 the right to use the property without interruption 

8 until at least December 31, 2055. 

9 (2) The United States Government shall have 

10 the right to use the property for general administra11 tive purposes in the event the United States South12 ern Command relocates or vacates the property. 

13 (c) AUTHORITY TO OBTAIN GROUND LEASE OF AD14 JACENT PROPERTY.—The Secretary may obtain the 

15 ground lease of additional real property owned by the 

16 State of Florida that is adjacent to the real property 

17 leased under the ground lease for purposes of completing 

18 the construction of the SOUTHCOM headquarters facil19 ity, as long as the additional terms of the ground lease 

20 required by subsection (b) apply to such adjacent prop21 erty. 

22 (d) LIMITATION.—The Secretary may not obligate or 

23 expend funds appropriated pursuant to the authorization 

24 of appropriations in section 2104(a)(1) for the construc25 tion of the SOUTHCOM headquarters facility authorized 


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1 under section 2101(a) until the Secretary transmits to the 

2 congressional defense committees a modification to the 

3 ground lease signed by the United States Government and 

4 the State of Florida in accordance with subsection (b). 

5 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. 

6 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

7 ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(a)(1), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for the installations or locations inside the United 

13 States, and in the amounts, set forth in the following 

14 table: 

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 


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Navy: Inside the United States—Continued 

State Installation or Location Amount 

............................. 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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 

Guam ................................ Naval Activities, Guam ......................... $278,818,000 


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1 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap2 propriated pursuant to the authorization of appropriations 

3 in section 2204(a)(3), the Secretary of the Navy may ac4 quire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified ..... Wharf Utilities Upgrade ....................... $8,900,000 

7 SEC. 2202. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(6)(A), the Secretary of the 

11 Navy may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations, in the number of units, and in the amounts 

14 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 

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in 

17 section 2204(a)(6)(A), the Secretary of the Navy may 

18 carry out architectural and engineering services and con19 struction design activities with respect to the construction 


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1 or improvement of military family housing units in an 

2 amount not to exceed $3,172,000. 

3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

4 UNITS. 

5 Subject to section 2825 of title 10, United States 

6 Code, and using amounts appropriated pursuant to the 

7 authorization of appropriations in section 2204(a)(6)(A), 

8 the Secretary of the Navy may improve existing military 

9 family housing units in an amount not to exceed 

10 $237,990,000. 

11 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

12 (a) IN GENERAL.—Funds are hereby authorized to 

13 be appropriated for fiscal years beginning after September 

14 30, 2007, for military construction, land acquisition, and 

15 military family housing functions of the Department of the 

16 Navy in the total amount of $2,885,317,000, as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2201(a), 

19 $1,628,762,000. 

20 (2) For military construction projects outside 

21 the United States authorized by section 2201(b), 

22 $292,946,000. 

23 (3) For military construction projects at un24 specified worldwide locations authorized by section 

25 2201(c), $11,600,000. 


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1 (4) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $10,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $113,017,000. 

7 (6) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $293,129,000. 

11 (B) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $371,404,000. 

14 (7) For the construction of increment 2 of the 

15 construction of an addition to the National Maritime 

16 Intelligence Center, Suitland, Maryland, authorized 

17 by section 2201(a) of the Military Construction Au18 thorization Act for Fiscal Year 2007 (division B of 

19 Public Law 109–364; 120 Stat. 2448), $52,069,000. 

20 (8) For the construction of increment 3 of re21 cruit training barracks infrastructure upgrade at 

22 Recruit Training Command, Great Lakes, Illinois, 

23 authorized by section 2201(a) of the Military Con24 struction Authorization Act for Fiscal Year 2006 


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1 (division B of Public Law 109–163; 119 Stat. 

2 3490), $16,650,000. 

3 (9) For the construction of increment 3 of 

4 wharf upgrades at Yokosuka, Japan, authorized by 

5 section 2201(b) of the Military Construction Author6 ization Act of Fiscal Year 2006 (division B of Public 

7 Law 109–163; 119 Stat. 3490), $8,750,000. 

8 (10) For the construction of increment 2 of the 

9 Bachelor Enlisted Quarters Homeport Ashore Pro10 gram at Bremerton, Washington (formerly referred 

11 to as a project at Naval Station, Everett), author12 ized by section 2201(a) of the Military Construction 

13 Authorization Act of Fiscal Year 2006 (division B of 

14 Public Law 109–163; 119 Stat. 3490), $47,240,000. 

15 (11) For the construction of increment 4 of the 

16 limited area production and storage complex at 

17 Naval Submarine Base, Kitsap, Bangor, Washington 

18 (formerly referred to as a project at the Strategic 

19 Weapons Facility Pacific, Bangor), authorized by 

20 section 2201(a) of the Military Construction Author21 ization Act of Fiscal Year 2005 (division B of Public 

22 Law 108–375; 118 Stat. 2105), as amended by sec23 tion 2206 of the Military Construction Authorization 

24 Act for Fiscal Year 2006 (division B of Public Law 

25 109–163; 119 Stat. 3493), $39,750,000. 


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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and 

4 any other cost variation authorized by law, the total cost 

5 of all projects carried out under section 2201 of this Act 

6 may not exceed the sum of the following: 

7 (1) The total amount authorized to be appro8 priated under paragraphs (1), (2), and (3) of sub9 section (a). 

10 (2) $50,000,000 (the balance of the amount au11 thorized under section 2201(a) for a submarine 

12 drive-in magnetic silencing facility in Pearl Harbor, 

13 Hawaii). 

14 (3) $50,912,000 (the balance of the amount au15 thorized under section 2201(b) for construction of a 

16 wharf extension in Apra Harbor, Guam). 

17 (4) $71,200,000 (the balance of the amount au18 thorized under section 2201(a) for a nuclear aircraft 

19 carrier maintenance pier at Naval Station Brem20 erton, Washington). 

21 SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT 

22 FISCAL YEAR 2007 NAVY PROJECTS FOR 

23 WHICH FUNDS WERE NOT APPROPRIATED. 

24 (a) TERMINATION OF INSIDE THE UNITED STATES

25 PROJECTS.—The table in section 2201(a) of the Military 


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1 Construction Authorization Act for Fiscal Year 2007 (di2 vision B of Public Law 109–364; 120 Stat. 2449) is 

3 amended— 

4 (1) in the item relating to Marine Corps Base, 

5 Twentynine Palms, California, by striking 

6 ‘‘$27,217,000’’ in the amount column and inserting 

7 ‘‘$8,217,000’’; 

8 (2) by striking the item relating to Naval Sup9 port Activity, Monterey, California; 

10 (3) by striking the item relating to Naval Sub11 marine Base, New London, Connecticut; 

12 (4) by striking the item relating to Cape Canav13 eral, Florida; 

14 (5) in the item relating to Marine Corps Logis15 tics Base, Albany, Georgia, by striking 

16 ‘‘$70,540,000’’ in the amount column and inserting 

17 ‘‘$62,000,000’’; 

18 (6) by striking the item relating to Naval Mag19 azine, Pearl Harbor, Hawaii; 

20 (7) by striking the item relating to Naval Ship21 yard, Pearl Harbor, Hawaii; 

22 (8) by striking the item relating to Naval Sup23 port Activity, Crane, Indiana; 

24 (9) by striking the item relating to Portsmouth 

25 Naval Shipyard, Maine; 


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1 (10) by striking the item relating to Naval Air 

2 Station, Meridian, Mississippi; 

3 (11) by striking the item relating to Naval Air 

4 Station, Fallon, Nevada; 

5 (12) by striking the item relating to Marine 

6 Corps Air Station, Cherry Point, North Carolina; 

7 (13) by striking the item relating to Naval Sta8 tion, Newport, Rhode Island; 

9 (14) in the item relating to Marine Corps Air 

10 Station, Beaufort, South Carolina, by striking 

11 ‘‘$25,575,000’’ in the amount column and inserting 

12 ‘‘$22,225,000’’; 

13 (15) by striking the item relating to Naval Spe14 cial Weapons Center, Dahlgren, Virginia; 

15 (16) in the item relating to Naval Support Ac16 tivity, Norfolk, Virginia, by striking ‘‘$41,712,000’’ 

17 in the amount column and inserting ‘‘$28,462,000’’; 

18 (17) in the item relating to Naval Air Station, 

19 Whidbey Island, Washington, by striking 

20 ‘‘$67,303,000’’ in the amount column and inserting 

21 ‘‘$57,653,000’’; and 

22 (18) in the item relating to Naval Base, Kitsap, 

23 Washington, by striking ‘‘$17,617,000’’ in the 

24 amount column and inserting ‘‘$13,507,000’’. 


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1 (b) TERMINATION OF MILITARY FAMILY HOUSING

2 PROJECTS.—Section 2204(a)(6)(A) of such Act (120 

3 Stat. 2450) is amended by striking ‘‘$308,956,000’’ and 

4 inserting ‘‘$305,256,000’’. 

5 (c) CONFORMING AMENDMENTS.—Section 2204(a) of 

6 such Act (120 Stat. 2450) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘$2,109,367,000’’ and inserting 

9 ‘‘$1,946,867,000’’; and 

10 (2) in paragraph (1), by striking 

11 ‘‘$832,982,000’’ and inserting ‘‘$674,182,000’’. 

12 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2005 PROJECT. 

14 (a) MODIFICATION.—The table in section 2201(a) of 

15 the Military Construction Authorization Act for Fiscal 

16 Year 2005 (division B of Public Law 108–375; 118 Stat. 

17 2105), as amended by section 2206 of the Military Con18 struction Authorization Act for Fiscal Year 2006 (division 

19 B of Public Law 109–163; 119 Stat. 3493) and section 

20 2205 of the Military Construction Authorization Act for 

21 Fiscal Year 2007 (division B of Public Law 109–364; 120 

22 Stat. 2452), is amended— 

23 (1) in the item relating to Strategic Weapons 

24 Facility Pacific, Bangor, Washington, by striking 


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1 ‘‘$147,760,000’’ in the amount column and inserting 

2 ‘‘$295,000,000’’; and 

3 (2) by striking the amount identified as the 

4 total in the amount column and inserting 

5 ‘‘$972,719,000’’. 

6 (b) CONFORMING AMENDMENT.—Section 2204 of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2005 (division B of Public Law 108–375; 118 Stat. 2107), 

9 as amended by section 2206 of the Military Construction 

10 Authorization Act for Fiscal Year 2006 (division B of 

11 Public Law 109–163; 119 Stat. 3493) and section 2205 

12 of the Military Construction Authorization Act for Fiscal 

13 Year 2007 (division B of Public Law 109–364; 120 Stat. 

14 2453), is amended in subsection (b)(6), by striking 

15 ‘‘$95,320,000’’ and inserting ‘‘$259,320,000’’. 

16 SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUC17 TION OF NAVY OUTLYING LANDING FIELD, 

18 WASHINGTON COUNTY, NORTH CAROLINA. 

19 (a) REPEAL OF AUTHORIZATION.—The table in sec20 tion 2201(a) of the Military Construction Authorization 

21 Act for Fiscal Year 2004 (division B of Public Law 108– 

22 136; 117 Stat. 1704) is amended by striking the item re23 lating to Navy Outlying Landing Field, Washington Coun24 ty, North Carolina, as added by section 2205(a) of the 


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1 Military Construction Authorization Act for Fiscal Year 

2 2007 (division B of Public Law 109–364; 120 Stat. 2452). 

3 (b) REPEAL OF INCREMENTAL FUNDING AUTHOR4 ITY.—Section 2204(b) of that Act (117 Stat. 1706) is 

5 amended by striking paragraph (6). 

6 (c) EFFECT OF REPEAL.—The amendments made by 

7 this section do not affect the expenditure of funds obli8 gated, before the effective date of this title, for the con9 struction of the Navy Outlying Landing Field, Wash10 ington County, North Carolina, or the acquisition of real 

11 property to facilitate such construction. 

12 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. 

13 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

14 LAND ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2304(1), the Secretary of the Air Force 

18 may acquire real property and carry out military construc19 tion projects for the installations or locations inside the 


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1 United States, and in the amounts, set forth in the fol2 lowing 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 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2304(2), the Secretary of the Air Force 

6 may acquire real property and carry out military construcVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01300 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tion projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing 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 

4 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2304(3), the Secretary of the Air Force may 

7 acquire real property and carry out military construction 

8 projects for unspecified installations or locations in the 

9 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 

10 SEC. 2302. FAMILY HOUSING. 

11 (a) CONSTRUCTION AND ACQUISITION.—Using 

12 amounts appropriated pursuant to the authorization of ap13 propriations in section 2304(6)(A), the Secretary of the 

14 Air Force may construct or acquire family housing units 

15 (including land acquisition and supporting facilities) at the 

16 installations or locations, in the number of units, and in 

17 the amounts set forth in the following table: 


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Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Germany .................... Ramstein Air Base ........................ 117 ... $56,275,000 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2304(6)(A), the Secretary of the Air Force may 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of military family housing units in an 

7 amount not to exceed $12,210,000. 

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2304(6)(A), the 

13 Secretary of the Air Force may improve existing military 

14 family housing units in an amount not to exceed 

15 $259,262,000. 

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

17 FORCE. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2007, for mili20 tary construction, land acquisition, and military family 

21 housing functions of the Department of the Air Force in 

22 the total amount of $2,175,829,000, as follows: 


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1 (1) For military construction projects inside the 

2 United States authorized by section 2301(a), 

3 $872,273,000. 

4 (2) For military construction projects outside 

5 the United States authorized by section 2301(b), 

6 $146,425,000. 

7 (3) For the military construction projects at 

8 unspecified worldwide locations authorized by section 

9 2301(c), $13,828,000. 

10 (4) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $15,000,000. 

13 (5) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $43,721,000. 

16 (6) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $327,747,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 

22 of title 10, United States Code), $688,335,000. 

23 (7) For the construction of increments 3 and 4 

24 of the main base runway at Edwards Air Force 

25 Base, California, authorized by section 2301(a) of 


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1 the Military Construction Authorization Act for Fis2 cal Year 2006 (division B of Public Law 109–163; 

3 119 Stat. 3494), $43,500,000. 

4 (8) For the construction of increment 3 of the 

5 CENTCOM Joint Intelligence Center at MacDill Air 

6 Force Base, Florida, authorized by section 2301(a) 

7 of the Military Construction Authorization Act for 

8 Fiscal Year 2006 (division B of Public Law 109– 

9 163; 119 Stat. 3494), as amended by section 2305 

10 of the Military Construction Authorization Act for 

11 Fiscal Year 2007 (division B of Public Law 109– 

12 364; 120 Stat. 2456), $25,000,000. 

13 SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT 

14 FISCAL YEAR 2007 AIR FORCE PROJECTS FOR 

15 WHICH FUNDS WERE NOT APPROPRIATED. 

16 (a) TERMINATION OF INSIDE THE UNITED STATES

17 PROJECTS.—The table in section 2301(a) of the Military 

18 Construction Authorization Act for Fiscal Year 2007 (di19 vision B of Public Law 109–364; 120 Stat. 2453) is 

20 amended— 

21 (1) in the item relating to Elmendorf, Alaska, 

22 by striking ‘‘$68,100,000’’ in the amount column 

23 and inserting ‘‘$56,100,000’’; 


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1 (2) in the item relating to Davis-Monthan Air 

2 Force Base, Arizona, by striking ‘‘$11,800,000’’ in 

3 the amount column and inserting ‘‘$4,600,000’’; 

4 (3) by striking the item relating to Little Rock 

5 Air Force Base, Arkansas; 

6 (4) in the item relating to Travis Air Force 

7 Base, California, by striking ‘‘$85,800,000’’ in the 

8 amount column and inserting ‘‘$73,900,000’’; 

9 (5) by striking the item relating to Peterson Air 

10 Force Base, Colorado; 

11 (6) in the item relating to Dover Air Force, 

12 Delaware, by striking ‘‘$30,400,000’’ in the amount 

13 column and inserting ‘‘$26,400,000’’; 

14 (7) in the item relating to Eglin Air Force 

15 Base, Florida, by striking ‘‘$30,350,000’’ in the 

16 amount column and inserting ‘‘$19,350,000’’; 

17 (8) in the item relating to Tyndall Air Force 

18 Base, Florida, by striking ‘‘$8,200,000’’ in the 

19 amount column and inserting ‘‘$1,800,000’’; 

20 (9) in the item relating to Robins Air Force 

21 Base, Georgia, by striking ‘‘$59,600,000’’ in the 

22 amount column and inserting ‘‘$38,600,000’’; 

23 (10) in the item relating to Scott Air Force 

24 Base, Illinois, by striking ‘‘$28,200,000’’ in the 

25 amount column and inserting ‘‘$20,000,000’’; 


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1 (11) by striking the item relating to McConnell 

2 Air Force Base, Kansas; 

3 (12) by striking the item relating to Hanscom 

4 Air Force Base, Massachusetts; 

5 (13) by striking the item relating to Whiteman 

6 Air Force Base, Missouri; 

7 (14) by striking the item relating to Malmstrom 

8 Air Force Base, Montana; 

9 (15) in the item relating to McGuire Air Force 

10 Base, New Jersey, by striking ‘‘$28,500,000’’ in the 

11 amount column and inserting ‘‘$15,500,000’’; 

12 (16) by striking the item relating to Kirtland 

13 Air Force Base, New Mexico; 

14 (17) by striking the item relating to Minot Air 

15 Force Base, North Dakota; 

16 (18) in the item relating to Altus Air Force 

17 Base, Oklahoma, by striking ‘‘$9,500,000’’ in the 

18 amount column and inserting ‘‘$1,500,000’’; 

19 (19) by striking the item relating to Tinker Air 

20 Force Base, Oklahoma; 

21 (20) by striking the item relating to Charleston 

22 Air Force Base, South Carolina; 

23 (21) in the item relating to Shaw Air Force 

24 Base, South Carolina, by striking ‘‘$31,500,000’’ in 

25 the amount column and inserting ‘‘$22,200,000’’; 


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1 (22) by striking the item relating to Ellsworth 

2 Air Force Base, South Dakota; 

3 (23) by striking the item relating to Laughlin 

4 Air Force Base, Texas; 

5 (24) by striking the item relating to Sheppard 

6 Air Force Base, Texas; 

7 (25) in the item relating to Hill Air Force 

8 Base, Utah, by striking ‘‘$63,400,000’’ in the 

9 amount column and inserting ‘‘$53,400,000’’; and 

10 (26) by striking the item relating to Fairchild 

11 Air Force Base, Washington. 

12 (b) CONFORMING AMENDMENTS.—Section 2304(a) 

13 of such Act (120 Stat. 2455) is amended— 

14 (1) in the matter preceding paragraph (1), by 

15 striking ‘‘$3,231,442,000’’ and inserting 

16 ‘‘$3,005,817,000’’; and 

17 (2) in paragraph (1), by striking 

18 ‘‘$962,286,000’’ and inserting ‘‘$736,661,000’’. 

19 (c) EXCEPTION.—The termination of the authoriza20 tion of a military construction project or land acquisition 

21 as a result of the amendment made by subsection (a) shall 

22 not apply with respect to a military construction project 

23 or land acquisition— 

24 (1) that was authorized by section 2301(a) of 

25 such Act; and 


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1 (2) for which a contract for the construction or 

2 acquisition was entered into before October 1, 2007. 

3 SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2006 PROJECTS. 

5 (a) FURTHER MODIFICATION OF INSIDE THE

6 UNITED STATES PROJECT.—The table in section 2301(a) 

7 of the Military Construction Authorization Act for Fiscal 

8 Year 2006 (division B of Public Law 109–163; 119 Stat. 

9 3494), as amended by section 2305(a) of the Military Con10 struction Authorization Act for Fiscal Year 2007 (division 

11 B of Public Law 109–364; 120 Stat. 2456), is further 

12 amended— 

13 (1) in the item relating to Edwards Air Force 

14 Base, California, by striking ‘‘$103,000,000’’ in the 

15 amount column and inserting ‘‘$111,500,000’’; and 

16 (2) in the item relating to MacDill Air Force 

17 Base, Florida, by striking ‘‘$101,500,000’’ in the 

18 amount column and inserting ‘‘$126,500,000’’. 

19 (b) CONFORMING AMENDMENTS.—Section 2304(b) 

20 of the Military Construction Authorization Act for Fiscal 

21 Year 2006 (division B of Public Law 109–163; 119 Stat. 

22 3496), as amended by section 2305(b) of the Military Con23 struction Authorization Act for Fiscal Year 2007 (division 

24 B of Public Law 109–364; 120 Stat. 2456), is further 

25 amended— 


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1 (1) in paragraph (3), by striking 

2 ‘‘$66,000,000’’ and inserting ‘‘$74,500,000’’; and 

3 (2) in paragraph (4), by striking 

4 ‘‘$23,300,000’’ and inserting ‘‘$48,300,000’’. 

5 SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

6 FISCAL YEAR 2005 PROJECTS. 

7 (a) EXTENSION AND RENEWAL.—Notwithstanding 

8 section 2701 of the Military Construction Authorization 

9 Act for Fiscal Year 2005 (division B of Public Law 108– 

10 375; 118 Stat. 2116), the authorizations set forth in the 

11 table in subsection (b), as provided in section 2302 of that 

12 Act (118 Stat. 2110), shall remain in effect until October 

13 1, 2008, or the date of the enactment of an Act author14 izing funds for military construction for fiscal year 2009, 

15 whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 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 

...................................................... 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 


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1 SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2004 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2004 (division B of Public Law 108–136; 117 Stat. 

6 1716), authorizations set forth in the table in subsection 

7 (b), as provided in section 2302 of that Act (117 Stat. 

8 1710) and extended by section 2702 of the Military Con9 struction Authorization Act for Fiscal Year 2007 (division 

10 B of Public Law 109–364; 120 Stat. 2464), shall remain 

11 in effect until October 1, 2008, or the date of the enact12 ment of an Act authorizing funds for military construction 

13 for fiscal year 2009, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) 

15 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 

16 TITLE XXIV—DEFENSE 

17 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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1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2403(a)(1), the Secretary of Defense may 

6 acquire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following ta9 bles: 

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 


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Special Operations Command—Continued 

State Installation or Location Amount 

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 

Virginia ............ Naval Station, Norfolk ........................................... $6,450,000 

Washington ...... Fort Lewis .............................................................. $21,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing 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 


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TRICARE Management Activity 

Country Installation or Location Amount 

Germany ............... Spangdahlem Air Base ...................................... $30,100,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified.Classified Project .............................................. $1,887,000 

7 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2403(a)(7), the Sec10 retary of Defense may carry out energy conservation 

11 projects under chapter 173 of title 10, United States 

12 Code, in the amount of $70,000,000. 

13 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE14 FENSE AGENCIES. 

15 (a) IN GENERAL.—Funds are hereby authorized to 

16 be appropriated for fiscal years beginning after September 

17 30, 2007, for military construction, land acquisition, and 

18 military family housing functions of the Department of 


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1 Defense (other than the military departments) in the total 

2 amount of $1,763,120,000 as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2401(a), 

5 $791,902,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2401(b), 

8 $133,809,000. 

9 (3) For the military construction projects at 

10 unspecified worldwide locations authorized by section 

11 2301(c), $1,887,000. 

12 (4) For unspecified minor military construction 

13 projects under section 2805 of title 10, United 

14 States Code, $23,711,000. 

15 (5) For contingency construction projects of the 

16 Secretary of Defense under section 2804 of title 10, 

17 United States Code, $5,000,000. 

18 (6) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $155,569,000. 

21 (7) For energy conservation projects authorized 

22 by section 2402 of this Act, $70,000,000. 

23 (8) For military family housing functions: 


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1 (A) For support of military family housing 

2 (including functions described in section 2833 

3 of title 10, United States Code), $48,848,000. 

4 (B) For credit to the Department of De5 fense Family Housing Improvement Fund es6 tablished by section 2883(a)(1) of title 10, 

7 United States Code, $500,000. 

8 (9) For the construction of increment 3 of the 

9 regional security operations center at Kunia, Hawaii, 

10 authorized by section 2401(a) of the Military Con11 struction Authorization Act of Fiscal Year 2006 (di12 vision B of Public Law 109–163; 119 Stat. 3497), 

13 as amended by section 7017 of the Emergency Sup14 plemental Appropriations Act for Defense, the Glob15 al War on Terror, and Hurricane Recovery, 2006 

16 (Public Law 109–234; 120 Stat. 485), 

17 $136,318,000. 

18 (10) For the construction of increment 3 of the 

19 regional security operations center at Augusta, Geor20 gia, authorized by section 2401(a) of the Military 

21 Construction Authorization Act of Fiscal Year 2006 

22 (division B of Public Law 109–163; 119 Stat. 

23 3497), as amended by section 7016 of the Emer24 gency Supplemental Appropriations Act for Defense, 

25 the Global War on Terror, and Hurricane Recovery, 


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1 2006 (Public Law 109–234; 120 Stat. 485), 

2 $100,000,000. 

3 (11) For the construction of increment 2 of the 

4 health clinic replacement at MacDill Air Force Base, 

5 Florida, authorized by section 2401(a) of the Mili6 tary Construction Authorization Act of Fiscal Year 

7 2007 (division B of Public Law 109–364; 120 Stat. 

8 2457), $41,400,000. 

9 (12) For the construction of increment 2 of the 

10 replacement of the Army Medical Research Institute 

11 of Infectious Diseases at Fort Detrick, Maryland, 

12 authorized by section 2401(a) of the Military Con13 struction Authorization Act of Fiscal Year 2007 (di14 vision B of Public Law 109–364; 120 Stat. 2457), 

15 $150,000,000. 

16 (13) For the construction of increment 9 of a 

17 munitions demilitarization facility at Pueblo Chem18 ical Activity, Colorado, authorized by section 

19 2401(a) of the Military Construction Authorization 

20 Act for Fiscal Year 1997 (division B of Public Law 

21 104–201; 110 Stat. 2775), as amended by section 

22 2406 of the Military Construction Authorization Act 

23 for Fiscal Year 2000 (division B of Public Law 106– 

24 65; 113 Stat. 839) and section 2407 of the Military 

25 Construction Authorization Act for Fiscal Year 2003 


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1 (division B of Public Law 107–314; 116 Stat. 

2 2698), $35,159,000. 

3 (14) For the construction of increment 8 of a 

4 munitions demilitarization facility at Blue Grass 

5 Army Depot, Kentucky, authorized by section 

6 2401(a) of the Military Construction Authorization 

7 Act for Fiscal Year 2000 (division B of Public Law 

8 106–65; 113 Stat. 835), as amended by section 

9 2405 of the Military Construction Authorization Act 

10 for Fiscal Year 2002 (division B of Public Law 107– 

11 107; 115 Stat. 1298) and section 2405 of the Mili12 tary Construction Authorization Act for Fiscal Year 

13 2003 (division B of Public Law 107–314; 116 Stat. 

14 2698), $69,017,000. 

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and 

18 any other cost variation authorized by law, the total cost 

19 of all projects carried out under section 2401 of this Act 

20 may not exceed the sum of the following: 

21 (1) The total amount authorized to be appro22 priated under paragraphs (1), (2), and (3) of sub23 section (a). 

24 (2) $84,300,000 (the balance of the amount au25 thorized for the Defense Logistics Agency under secVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01317 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tion 2401(a) for the replacement of fuel storage fa2 cilities, Point Loma Annex, California). 

3 (3) $47,250,000 (the balance of the amount au4 thorized for the Special Operations Command under 

5 section 2401(a) for a special operations forces oper6 ations facility at Dam Neck, Virginia). 

7 SEC. 2404. TERMINATION OR MODIFICATION OF AUTHOR8 ITY TO CARRY OUT CERTAIN FISCAL YEAR 

9 2007 DEFENSE AGENCIES PROJECTS. 

10 (a) TERMINATION OF PROJECTS FOR WHICH FUNDS

11 WERE NOT APPROPRIATED.—The table relating to Spe12 cial Operations Command in section 2401(a) of the Mili13 tary Construction Authorization Act for Fiscal Year 2007 

14 (division B of Public Law 109–364; 120 Stat. 2457) is 

15 amended— 

16 (1) by striking the item relating to Stennis 

17 Space Center, Mississippi; and 

18 (2) in the item relating to Fort Bragg, North 

19 Carolina, by striking ‘‘$51,768,000’’ in the amount 

20 column and inserting ‘‘$44,868,000’’. 

21 (b) MODIFICATION OF AUTHORITY TO CARRY OUT

22 CERTAIN BASE CLOSURE AND REALIGNMENT ACTIVI23 TIES.—Section 2405(a)(7) of that Act (120 Stat. 2460) 

24 is amended by striking ‘‘$191,220,000’’ and inserting 

25 ‘‘$252,279,000’’. 


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1 (c) MODIFICATION OF MUNITIONS DEMILITARIZA2 TION FACILITY PROJECT.—Section 2405(a)(15) of that 

3 Act (120 Stat. 2461) is amended by striking 

4 ‘‘$99,157,000’’ and inserting ‘‘$89,157,000’’. 

5 (d) CONFORMING AMENDMENTS.—Section 2405(a) 

6 of that Act (120 Stat. 2460) is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘$7,163,431,000’’ and inserting 

9 ‘‘$7,197,390,000’’; and 

10 (2) in paragraph (1), by striking 

11 ‘‘$533,099,000’’ and inserting ‘‘$515,999,000’’. 

12 SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, 

13 BLUE GRASS ARMY DEPOT, KENTUCKY, AND 

14 PUEBLO CHEMICAL ACTIVITY, COLORADO. 

15 (a) MUNITIONS DEMILITARIZATION FACILITY, BLUE

16 GRASS ARMY DEPOT.— 

17 (1) AUTHORITY TO INCREASE AMOUNT FOR

18 CONSTRUCTION.—Consistent with the total project 

19 amount authorized for the construction a munitions 

20 demilitarization facility at Blue Grass Army Depot, 

21 Kentucky, by section 2401(a) of the Military Con22 struction Authorization Act for Fiscal Year 2000 

23 (division B of Public Law 106–65; 113 Stat. 836), 

24 as amended by section 2405 of the Military Con25 struction Authorization Act for Fiscal Year 2002 


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1 (division B of Public Law 107–107; 115 Stat. 1298) 

2 and section 2405 of the Military Construction Au3 thorization Act for Fiscal Year 2003 (division B of 

4 Public Law 107–314; 116 Stat. 2698), the Secretary 

5 of Defense may transfer amounts of authorizations 

6 made available by section 2403(a)(1) of this Act to 

7 increase amounts available for the construction of 

8 increment 8 of such munitions demilitarization facil9 ity. 

10 (2) AGGREGATE LIMIT.—The aggregate amount 

11 of authorizations that the Secretary may transfer 

12 under the authority of this subsection may not ex13 ceed $17,300,000. 

14 (b) MUNITIONS DEMILITARIZATION FACILITY, PUEB15 LO CHEMICAL ACTIVITY.— 

16 (1) AUTHORITY TO INCREASE AMOUNT FOR

17 CONSTRUCTION.—Consistent with the total project 

18 amount authorized for the construction a munitions 

19 demilitarization facility at Pueblo Chemical Activity, 

20 Colorado, by section 2401(a) of the Military Con21 struction Authorization Act for Fiscal Year 1997 

22 (Public Law 104–201; 110 Stat. 2775), as amended 

23 by section 2406 of the Military Construction Author24 ization Act for Fiscal Year 2000 (division B of Pub25 lic Law 106–65; 113 Stat. 839) and section 2407 of 


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1 the Military Construction Authorization Act for Fis2 cal Year 2003 (division B of Public Law 107–314; 

3 116 Stat. 2698), the Secretary of Defense may 

4 transfer amounts of authorizations made available 

5 by section 2403(a)(1) of this Act to increase 

6 amounts available for the construction of increment 

7 9 of such munitions demilitarization facility. 

8 (2) AGGREGATE LIMIT.—The aggregate amount 

9 of authorizations that the Secretary may transfer 

10 under the authority of this subsection may not ex11 ceed $32,000,000. 

12 (c) CERTIFICATION REQUIREMENT.—Before exer13 cising the authority provided in subsection (a) or (b), the 

14 Secretary of Defense shall provide to the congressional de15 fense committees— 

16 (1) a certification that the transfer under such 

17 subsection of amounts authorized to be appropriated 

18 is in the best interest of national security; and 

19 (2) a statement that the increased amount au20 thorized to be appropriated will be used to carry out 

21 authorized military construction activities. 

22 SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

23 FISCAL YEAR 2005 PROJECTS. 

24 (a) EXTENSION AND RENEWAL.—Notwithstanding 

25 section 2701 of the Military Construction Authorization 


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1 Act for Fiscal Year 2005 (division B of Public Law 108– 

2 375; 118 Stat. 2116), the authorizations set forth in the 

3 table in subsection (b), as provided in section 2401 of that 

4 Act (118 Stat. 2112), shall remain in effect until October 

5 1, 2008, or the date of the enactment of an Act author6 izing funds for military construction for fiscal year 2009, 

7 whichever is later. 

8 (b) TABLE.—The table referred to in subsection (a) 

9 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 

10 TITLE XXV—NORTH ATLANTIC 

11 TREATY ORGANIZATION SE12 CURITY INVESTMENT PRO13 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

14 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 The Secretary of Defense may make contributions for 

17 the North Atlantic Treaty Organization Security Invest18 ment Program as provided in section 2806 of title 10, 

19 United States Code, in an amount not to exceed the sum 

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1 pose in section 2502 and the amount collected from the 

2 North Atlantic Treaty Organization as a result of con3 struction previously financed by the United States. 

4 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2007, for con7 tributions by the Secretary of Defense under section 2806 

8 of title 10, United States Code, for the share of the United 

9 States of the cost of projects for the North Atlantic Treaty 

10 Organization Security Investment Program authorized by 

11 section 2501, in the amount of $201,400,000. 

12 TITLE XXVI—GUARD AND 

13 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. 

14 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON15 STRUCTION AND LAND ACQUISITION 

16 PROJECTS. 

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1 retary of the Army may acquire real property and carry 

2 out military construction projects for the Army National 

3 Guard locations, and in the amounts, set forth in the fol4 lowing 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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1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(1)(B), the Sec5 retary of the Army may acquire real property and carry 

6 out military construction projects for the Army Reserve 

7 locations, and in the amounts, set forth in the following 

8 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 

9 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

10 CORPS RESERVE CONSTRUCTION AND LAND 

11 ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(a)(2), the Sec14 retary of the Navy may acquire real property and carry 

15 out military construction projects for the Navy Reserve 

16 and Marine Corps Reserve locations, and in the amounts, 

17 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 


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Navy Reserve and Marine Corps Reserve—Continued 

State Location Amount 

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 

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(3)(A), the Sec5 retary of the Air Force may acquire real property and 

6 carry out military construction projects for the Air Na7 tional Guard locations, and in the amounts, set forth in 

8 the following table: 

Air National Guard 

State Location Amount 

Colorado .......................... Buckley Air National Guard Base ........... $7,300,000 

Delaware .......................... New Castle ............................................... $10,800,000 

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 


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Air National Guard—Continued 

State Location Amount 

..................................... Yeager ...................................................... $17,300,000 

Wisconsin ......................... Truax Field .............................................. $7,000,000 

1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(3)(B), the Sec5 retary of the Air Force may acquire real property and 

6 carry out military construction projects for the Air Force 

7 Reserve locations, and in the amounts, set forth in the 

8 following table: 

Air Force Reserve 

State Location Amount 

Alaska ............................... Elmendorf Air Force Base ........................ $14,950,000 

Utah ................................. Hill Air Force Base ................................... $3,200,000 

9 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA10 TIONAL GUARD AND RESERVE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2007, for the 

13 costs of acquisition, architectural and engineering services, 

14 and construction of facilities for the Guard and Reserve 

15 Forces, and for contributions therefor, under chapter 

16 1803 of title 10, United States Code (including the cost 

17 of acquisition of land for those facilities), in the following 

18 amounts: 

19 (1) For the Department of the Army— 


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1 (A) for the Army National Guard of the 

2 United States, $536,656,000; and 

3 (B) for the Army Reserve, $148,133,000. 

4 (2) For the Department of the Navy, for the 

5 Navy and Marine Corps Reserve, $64,430,000. 

6 (3) For the Department of the Air Force— 

7 (A) for the Air National Guard of the 

8 United States, $287,537,000; and 

9 (B) for the Air Force Reserve, 

10 $28,359,000. 

11 SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT 

12 FISCAL YEAR 2007 GUARD AND RESERVE 

13 PROJECTS FOR WHICH FUNDS WERE NOT AP14 PROPRIATED. 

15 Section 2601 of the Military Construction Authoriza16 tion Act for Fiscal Year 2007 (division B of Public Law 

17 109–364; 120 Stat. 2463) is amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (A), by striking 

20 ‘‘$561,375,000’’ and inserting ‘‘$476,697,000’’; 

21 and 

22 (B) in subparagraph (B), by striking 

23 ‘‘$190,617,000’’ and inserting ‘‘$167,987,000’’; 

24 (2) in paragraph (2), by striking ‘‘49,998,000’’ 

25 and inserting ‘‘$43,498,000’’; and 


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1 (3) in paragraph (3)— 

2 (A) in subparagraph (A), by striking 

3 ‘‘$294,283,000’’ and inserting ‘‘$133,983,000’’; 

4 and 

5 (B) in subparagraph (B), by striking 

6 ‘‘$56,836,000’’ and inserting ‘‘$47,436,000’’. 

7 SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT 

8 FISCAL YEAR 2006 AIR FORCE RESERVE CON9 STRUCTION AND ACQUISITION PROJECTS. 

10 Section 2601(3)(B) of the Military Construction Au11 thorization Act for Fiscal Year 2006 (division B of Public 

12 Law 109–163; 119 Stat. 3501) is amended by striking 

13 ‘‘$105,883,000’’ and inserting ‘‘$102,783,000’’. 

14 SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

15 FISCAL YEAR 2005 PROJECTS. 

16 (a) EXTENSION AND RENEWAL.—Notwithstanding 

17 section 2701 of the Military Construction Authorization 

18 Act for Fiscal Year 2005 (division B of Public Law 108– 

19 375; 118 Stat. 2116), the authorizations set forth in the 

20 tables in subsection (b), as provided in section 2601 of 

21 that Act (118 Stat. 2115), shall remain in effect until Oc22 tober 1, 2008, or the date of the enactment of an Act 

23 authorizing funds for military construction for fiscal year 

24 2009, whichever is later. 


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1 (b) TABLES.—The tables referred to in subsection (a) 

2 are as follows: 

Army National Guard: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Dublin, California .................................. Readiness center .............. $11,318,000 

Gary, Indiana ......................................... Reserve center .................. $9,380,000 

Army Reserve: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Corpus Christi (Robstown), Texas ........ Storage facility ................. $9,038,000 

3 SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

4 FISCAL YEAR 2004 PROJECTS. 

5 (a) EXTENSION.—Notwithstanding section 2701 of 

6 the Military Construction Authorization Act for Fiscal 

7 Year 2004 (division B of Public Law 108–136; 117 Stat. 

8 1716), the authorizations set forth in the table in sub9 section (b), as provided in section 2601 of that Act (117 

10 Stat. 1715) and extended by section 2702 of the Military 

11 Construction Authorization Act for Fiscal Year 2007 (di12 vision B of Public Law 109–364; 120 Stat. 2464), shall 

13 remain in effect until October 1, 2008, or the date of the 

14 enactment of an Act authorizing funds for military con15 struction for fiscal year 2009, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) 

17 is as follows: 

Army National Guard: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Albuquerque, New Mexico ................ Readiness center .................... $2,533,000 


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Army National Guard: Extension of 2004 Project 

Authorizations—Continued 

Installation or Location Project Amount 

Fort Indiantown Gap, Pennsylvania Multi-purpose training range $15,338,000 

1 TITLE XXVII—BASE CLOSURE 

2 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. 

3 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 

4 BASE CLOSURE AND REALIGNMENT ACTIVI5 TIES FUNDED THROUGH DEPARTMENT OF 

6 DEFENSE BASE CLOSURE ACCOUNT 1990. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal years beginning after September 30, 2007, for base 

9 closure and realignment activities, including real property 

10 acquisition and military construction projects, as author11 ized by the Defense Base Closure and Realignment Act 


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1 of 1990 (part A of title XXIX of Public Law 101–510; 

2 10 U.S.C. 2687 note) and funded through the Department 

3 of Defense Base Closure Account 1990 established by sec4 tion 2906 of such Act, in the total amount of 

5 $295,689,000, as follows: 

6 (1) For the Department of the Army, 

7 $98,716,000. 

8 (2) For the Department of the Navy, 

9 $50,000,000. 

10 (3) For the Department of the Air Force, 

11 $143,260,000. 

12 (4) For the Defense Agencies, $3,713,000. 

13 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN14 MENT ACTIVITIES FUNDED THROUGH DE15 PARTMENT OF DEFENSE BASE CLOSURE AC16 COUNT 2005. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2703, the Secretary 

19 of Defense may carry out base closure and realignment 

20 activities, including real property acquisition and military 

21 construction projects, as authorized by the Defense Base 

22 Closure and Realignment Act of 1990 (part A of title 

23 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

24 funded through the Department of Defense Base Closure 


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1 Account 2005 established by section 2906A of such Act, 

2 in the amount of $8,718,988,000. 

3 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR 

4 BASE CLOSURE AND REALIGNMENT ACTIVI5 TIES FUNDED THROUGH DEPARTMENT OF 

6 DEFENSE BASE CLOSURE ACCOUNT 2005. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

8 are hereby authorized to be appropriated for fiscal years 

9 beginning after September 30, 2007, for base closure and 

10 realignment activities, including real property acquisition 

11 and military construction projects, as authorized by the 

12 Defense Base Closure and Realignment Act of 1990 (part 

13 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

14 note) and funded through the Department of Defense 

15 Base Closure Account 2005 established by section 2906A 

16 of such Act, in the total amount of $8,040,401,000, as 

17 follows: 

18 (1) For the Department of the Army, 

19 $4,015,746,000. 

20 (2) For the Department of the Navy, 

21 $733,695,000. 

22 (3) For the Department of the Air Force, 

23 $1,183,812,000. 

24 (4) For the Defense Agencies, $2,241,062,000. 


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1 (b) GENERAL REDUCTION.—The amount otherwise 

2 authorized to be appropriated by subsection (a) is reduced 

3 by $133,914,000. 

4 SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARI5 ATIONS FOR MILITARY CONSTRUCTION AND 

6 MILITARY FAMILY HOUSING PROJECTS RE7 LATED TO BASE CLOSURES AND REALIGN8 MENTS. 

9 (a) VARIATIONS AUTHORIZED.—Section 2905A of 

10 the Defense Base Closure and Realignment Act of 1990 

11 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

12 2687 note) is amended by adding at the end the following 

13 new subsection: 

14 ‘‘(f) AUTHORIZED COST AND SCOPE OF WORK VARI15 ATIONS.—(1) Subject to paragraphs (2) and (3), the cost 

16 authorized for a military construction project or military 

17 family housing project to be carried out using funds in 

18 the Account may not be increased or reduced by more than 

19 20 percent or $2,000,000, whichever is greater, of the 

20 amount specified for the project in the conference report 

21 to accompany the Military Construction Authorization Act 

22 authorizing the project. The scope of work for such a 

23 project may not be reduced by more than 25 percent from 

24 the scope specified in the most recent budget documents 

25 for the projects listed in such conference report. 


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1 ‘‘(2) Paragraph (1) shall not apply to a military con2 struction project or military family housing project to be 

3 carried out using funds in the Account with an estimated 

4 cost of less than $5,000,000, unless the project has not 

5 been previously identified in any budget submission for the 

6 Account and exceeds the applicable minor construction 

7 threshold under section 2805 of title 10, United States 

8 Code. 

9 ‘‘(3) The limitation on cost or scope variation in para10 graph (1) shall not apply if the Secretary of Defense 

11 makes a determination that an increase or reduction in 

12 cost or a reduction in the scope of work for a military 

13 construction project or military family housing project to 

14 be carried out using funds in the Account needs to be 

15 made for the sole purpose of meeting unusual variations 

16 in cost or scope. If the Secretary makes such a determina17 tion, the Secretary shall notify the congressional defense 

18 committees of the variation in cost or scope not later than 

19 21 days before the date on which the variation is made 

20 in connection with the project or, if the notification is pro21 vided in an electronic medium pursuant to section 480 of 

22 title 10, United States Code, not later than 14 days before 

23 the date on which the variation is made. The Secretary 

24 shall include the reasons for the variation in the notifica25 tion.’’. 


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1 (b) REPORT ON EXISTING PROJECTS.—Not later 

2 than 90 days after the date of the enactment of this Act, 

3 the Secretary of Defense shall submit to the congressional 

4 defense committees a report specifying all military con5 struction projects and military family housing projects 

6 carried out using funds in the Department of Defense 

7 Base Closure Account 2005 for which a cost or scope of 

8 work variation was made before that date that would have 

9 been subject to subsection (f) of section 2905A of the De10 fense Base Closure and Realignment Act of 1990, as 

11 added by this section, if such subsection had been in effect 

12 when the cost or scope of work variation was made. The 

13 Secretary shall include a description of each variation cov14 ered by the report and the reasons for the variation. 

15 SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF 

16 DEFENSE BASE CLOSURE ACCOUNT 2005 TO 

17 DEPARTMENT OF DEFENSE HOUSING FUNDS. 

18 (a) TRANSFER AUTHORITY.—Subsection (c) of sec19 tion 2883 of title 10, United States Code, is amended— 

20 (1) in paragraph (1), by adding at the end the 

21 following new subparagraph: 

22 ‘‘(G) Subject to subsection (f), any amounts 

23 that the Secretary of Defense transfers to that Fund 

24 from amounts in the Department of Defense Base 

25 Closure Account 2005.’’; and 


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1 (2) in paragraph (2), by adding at the end the 

2 following new subparagraph: 

3 ‘‘(G) Subject to subsection (f), any amounts 

4 that the Secretary of Defense transfers to that Fund 

5 from amounts in the Department of Defense Base 

6 Closure Account 2005.’’. 

7 (b) NOTIFICATION AND JUSTIFICATION FOR TRANS8 FER.—Subsection (f) of such section is amended— 

9 (1) by striking ‘‘paragraph (1)(B) or (2)(B)’’ 

10 and inserting ‘‘subparagraph (B) or (G) of para11 graph (1) or subparagraph (B) or (G) of paragraph 

12 (2)’’; and 

13 (2) by adding at the end the following new sen14 tence: ‘‘In addition, the notice required in connection 

15 with a transfer under subparagraph (G) of para16 graph (1) or subparagraph (G) of paragraph (2) 

17 shall include a certification that the amounts to be 

18 transferred from the Department of Defense Base 

19 Closure Account 2005 were specified in the con20 ference report to accompany the most recent Mili21 tary Construction Authorization Act.’’. 


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1 SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING RE2 QUIRED TO ENSURE TIMELY IMPLEMENTA3 TION OF 2005 DEFENSE BASE CLOSURE AND 

4 REALIGNMENT COMMISSION RECOMMENDA5 TIONS. 

6 The Secretary of Defense shall submit to Congress 

7 with the budget materials for fiscal year 2009 a com8 prehensive accounting of the funding required to ensure 

9 that the plan for implementing the final recommendations 

10 of the 2005 Defense Base Closure and Realignment Com11 mission remains on schedule for completion by September 

12 15, 2011, as required by section 2904(c)(5) of the Defense 

13 Base Closure and Realignment Act of 1990 (part A of title 

14 XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

15 SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED 

16 STATES ARMY RESERVE CENTER AND NAVY17 MARINE CORPS RESERVE CENTER, BATON 

18 ROUGE, LOUISIANA. 

19 The Secretary of the Army may use funds appro20 priated pursuant to the authorization of appropriations in 

21 paragraphs (1) and (2) of section 2703 for the purpose 

22 of siting an Army Reserve Center and Navy and Marine 

23 Corps Reserve Center on land under the control of the 

24 State of Louisiana adjacent to, or in the vicinity of, the 

25 Baton Rouge Metropolitan Airport in Baton Rouge, Lou26 isiana, at a location determined by the Secretary to be 


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1 in the best interest of national security and in the public 

2 interest. 

3 SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT 

4 BELVOIR, VIRGINIA, AS PART OF THE RE5 ALIGNMENT OF THE INSTALLATION. 

6 (a) ACQUISITION AUTHORITY.—Pursuant to section 

7 2905(a)(1)(A) of the Defense Base Closure and Realign8 ment Act of 1990 (part A of title XXIX of Public Law 

9 101–510; 10 U.S.C. 2687 note), the relocation of mem10 bers of the Armed Forces and civilian employees of the 

11 Department of Defense who are scheduled to be relocated 

12 to Fort Belvoir, Virginia, shall be limited to the following 

13 locations: 

14 (1) Fort Belvoir. 

15 (2) A parcel of real property consisting of ap16 proximately 69.5 acres, under the administrative ju17 risdiction of the Administrator of General Services 

18 (in this section referred to as the ‘‘Administrator’’) 

19 and containing warehouse facilities in Springfield, 

20 Virginia (in this section referred to as the ‘‘GSA 

21 Property’’). 

22 (3) Any other parcels of land (using including 

23 any improvement thereon) that are acquired, using 

24 competitive procedures, in fee in the vicinity of Fort 

25 Belvoir. 


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1 (b) ACQUISITION SELECTION CRITERIA.—The Sec2 retary of the Army shall select the site to be used under 

3 subsection (a) based on the best value to the Government, 

4 and, in making that determination, the Secretary shall 

5 consider cost and schedule. 

6 (c) GSA PROPERTY TRANSFER AUTHORIZED.—Pur7 suant to the relocation alternative authorized by sub8 section (a)(2), the Administrator may transfer the GSA 

9 Property to the administrative jurisdiction of the Sec10 retary of the Army for the purpose of permitting the Sec11 retary to construct facilities on the property to support 

12 administrative functions to be located at Fort Belvoir, Vir13 ginia. 

14 (d) IMPLEMENTATION OF GSA PROPERTY TRANS15 FER.— 

16 (1) CONSIDERATION.—As consideration for the 

17 transfer of the GSA Property under subsection (c), 

18 the Secretary of the Army shall— 

19 (A) pay all reasonable costs to move per20 sonnel, furnishings, equipment, and other mate21 rial related to the relocation of functions identi22 fied by the Administrator; and 

23 (B) if determined to be necessary by the 

24 Administrator— 


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1 (i) transfer to the administrative ju2 risdiction of the Administrator a parcel of 

3 property in the National Capital Region 

4 under the jurisdiction of the Secretary and 

5 determined to be suitable by the Adminis6 trator; 

7 (ii) design and construct storage fa8 cilities, utilities, security measures, and ac9 cess to a road infrastructure on the parcel 

10 transferred under clause (i) to meet the re11 quirements of the Administrator; and 

12 (iii) enter into a memorandum of 

13 agreement with the Administrator for sup14 port services and security at the new facili15 ties constructed pursuant to clause (ii). 

16 (2) EQUAL VALUE TRANSFER.—As a condition 

17 of the transfer of the GSA Property under sub18 section (c), the transfer agreement shall provide that 

19 the fair market value of the GSA Property and the 

20 consideration provided under paragraph (1) shall be 

21 equal or, if not equal, shall be equalized through the 

22 use of a cash equalization payment. 

23 (3) DESCRIPTION OF PROPERTY.—The exact 

24 acreage and legal description of the GSA Property 


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1 shall be determined by surveys satisfactory to the 

2 Administrator and the Secretary of the Army. 

3 (4) CONGRESSIONAL NOTICE.—Before under4 taking an activity under subsection (c) that would 

5 require approval of a prospectus under section 3307 

6 of title 40, United States Code, the Administrator 

7 shall provide to the Committee on Transportation 

8 and Infrastructure of the House of Representatives, 

9 the Committee on Environment and Public Works of 

10 the Senate, and the congressional defense commit11 tees a written notice containing a description of the 

12 activity to be undertaken. 

13 (5) NO EFFECT ON COMPLIANCE WITH ENVI14 RONMENTAL LAWS.—Nothing in this section or sub15 section (c) may be construed to affect or limit the 

16 application of or obligation to comply with any envi17 ronmental law, including section 120(h) of the Com18 prehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (42 U.S.C. 9620(h)). 

20 (6) ADDITIONAL TERMS AND CONDITIONS.— 

21 The Administrator and the Secretary of the Army 

22 may require such additional terms and conditions in 

23 connection with the GSA Property transfer as the 

24 Administrator, in consultation with the Secretary, 

25 determines appropriate to protect the interests of 


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1 the United States and further the purposes of this 

2 section. 

3 (e) ADMINISTRATION OF TRANSFERRED OR AC4 QUIRED PROPERTY.—Upon completion of any property 

5 transfer or acquisition authorized by subsection (a), the 

6 property shall be administered by the Secretary of the 

7 Army as a part of Fort Belvoir. 

8 (f) STATUS REPORT.—Not later than March 1, 2008, 

9 the Secretary of the Army shall submit to the congres10 sional defense committees a report on the status and esti11 mated costs of implementing subsection (a). 

12 SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRA13 STRUCTURE AND FACILITIES TO SUPPORT 

14 BASE REALIGNMENT. 

15 (a) SENSE OF CONGRESS.— 

16 (1) DESIGNATION OF DEFENSE ACCESS

17 ROADS.—It is the sense of Congress that roads lead18 ing onto Fort Belvoir, Virginia, and other military 

19 installations that will be significantly impacted by an 

20 increase in the number of members of the Armed 

21 Forces and civilian employees of the Department of 

22 Defense assigned to the installation as a result of 

23 the 2005 round of defense base closures and realign24 ments under the Defense Base Closure and Realign25 ment Act of 1990 (part A of title XXIX of Public 


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1 Law 101–510; 10 U.S.C. 2687 note) or any other 

2 significant impact resulting from a realignment of 

3 forces should be considered for designation as de4 fense access roads for purposes of section 210 of 

5 title 23, United States Code. 

6 (2) FACILITIES AND INFRASTRUCTURE.—It is 

7 the sense of Congress that the Secretary of Defense 

8 should seek to ensure that the permanent facilities 

9 and infrastructure necessary to support the mission 

10 of the Armed Forces and the quality of life needs of 

11 members of the Armed Forces, civilian employees, 

12 and their families are ready for use at receiving loca13 tions before units are transferred to such locations 

14 as a result of the 2005 round of defense base clo15 sures and realignments. 

16 (b) STUDY OF MILITARY INFRASTRUCTURE AND

17 SURFACE TRANSPORTATION INFRASTRUCTURE.—Not 

18 later than April 1, 2008, the Comptroller General shall 

19 submit to the congressional defense committees a report 

20 with regard to each military installation that will be sig21 nificantly impacted by an increase in assigned forces or 

22 civilian personnel, as described in subsection (a), for the 

23 purpose of determining whether— 


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1 (1) military facility requirements (including 

2 quality of life projects) will be met before the arrival 

3 of assigned forces; and 

4 (2) the Department of Defense has pro5 grammed sufficient funding to mitigate community 

6 traffic congestion in accordance with the defense ac7 cess roads program under section 210 of title 23, 

8 United States Code. 

9 TITLE XXVIIII—MILITARY CON10 STRUCTION GENERAL PROVI11 SIONS 

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. 

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

departments. 


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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. 


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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. 

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. 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTE5 NANCE FUNDS FOR CONSTRUCTION 

6 PROJECTS OUTSIDE THE UNITED STATES. 

7 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub8 section (a) of section 2808 of the Military Construction 

9 Authorization Act for Fiscal Year 2004 (division B of 

10 Public Law 108–136; 117 Stat. 1723), as amended by sec11 tion 2810 of the Military Construction Authorization Act 

12 for Fiscal Year 2005 (division B of Public Law 108–375; 


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1 118 Stat. 2128), section 2809 of the Military Construction 

2 Authorization Act for Fiscal Year 2006 (division B of 

3 Public Law 109–163; 119 Stat. 3508), and section 2802 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 2007 (division B of Public Law 109–364; 120 Stat. 

6 2466), is further amended by striking ‘‘2007’’ and insert7 ing ‘‘2008’’. 

8 (b) PRENOTIFICATION REQUIREMENT.—Subsection 

9 (b) of such section is amended by striking the first sen10 tence and inserting the following new sentences: ‘‘Before 

11 using appropriated funds available for operation and 

12 maintenance to carry out a construction project outside 

13 the United States that has an estimated cost in excess 

14 of the amounts authorized for unspecified minor military 

15 construction projects under section 2805(c) of title 10, 

16 United States Code, the Secretary of Defense shall submit 

17 to the congressional committees specified in subsection (f) 

18 a notice regarding the construction project. The project 

19 may be carried out only after the end of the 10-day period 

20 beginning on the date the notice is received by the commit21 tees or, if earlier, the end of the 7-day period beginning 

22 on the date on which a copy of the notification is provided 

23 in an electronic medium pursuant to section 480 of title 

24 10, United States Code.’’. 


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1 (c) ANNUAL LIMITATION ON USE OF AUTHORITY.— 

2 Subsection (c) of such section is amended to read as fol3 lows: 

4 ‘‘(c) ANNUAL LIMITATION ON USE OF AUTHORITY.— 

5 The total cost of the construction projects carried out 

6 under the authority of this section using, in whole or in 

7 part, appropriated funds available for operation and main8 tenance shall not exceed $200,000,000 in a fiscal year.’’. 

9 (d) CONFORMING AMENDMENT.—Subsection (g) of 

10 such section is amended by striking ‘‘notice of the’’ and 

11 inserting ‘‘advance notice of the proposed’’. 

12 (e) RATIFICATION OF PROPOSED CONSTRUCTION

13 AND LAND ACQUISITION PROJECTS USING FISCAL YEAR

14 2007 OPERATION AND MAINTENANCE FUNDS.—The nine 

15 construction projects outside the United States proposed 

16 to be carried out using funds appropriated to the Depart17 ment of Defense for operation and maintenance for fiscal 

18 year 2007, but for which the obligation or expenditure of 

19 funds was prohibited by subsection (g) of section 2808 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2004 (division B of Public Law 108–136; 117 Stat. 

22 1723), as added by section 2809 of the Military Construc23 tion Authorization Act for Fiscal Year 2006 (division B 

24 of Public Law 109–163; 119 Stat. 3508), may be carried 


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1 out using such funds after the date of the enactment of 

2 this Act notwithstanding such subsection (g). 

3 SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AU4 THORIZATION OF MILITARY CONSTRUCTION. 

5 (a) CLARIFICATION OF REQUIREMENT FOR AUTHOR6 IZATION.—Section 2802(a) of title 10, United States 

7 Code, is amended by inserting after ‘‘military construction 

8 projects’’ the following: ‘‘, land acquisitions, and defense 

9 access road projects (as described under section 210 of 

10 title 23)’’. 

11 (b) CLARIFICATION OF DEFINITION.—Section 

12 2801(a) of such title is amended by inserting after ‘‘per13 manent requirements’’ the following: ‘‘, or any acquisition 

14 of land or construction of a defense access road (as de15 scribed in section 210 of title 23)’’. 

16 SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED 

17 MINOR MILITARY CONSTRUCTION PROJECTS. 

18 Section 2805(a)(1) of title 10, United States Code, 

19 is amended by striking ‘‘$1,500,000’’ and inserting 

20 ‘‘$2,000,000’’. 


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1 SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITAL2 IZATION OF DEPARTMENT OF DEFENSE LAB3 ORATORIES THROUGH UNSPECIFIED MINOR 

4 MILITARY CONSTRUCTION PROJECTS. 

5 (a) LABORATORY REVITALIZATION.—Section 2805 of 

6 title 10, United States Code, is amended— 

7 (1) by redesignating subsection (d) as sub8 section (e); and 

9 (2) by inserting after subsection (c) the fol10 lowing new subsection (d): 

11 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

12 revitalization and recapitalization of laboratories owned by 

13 the United States and under the jurisdiction of the Sec14 retary concerned, the Secretary concerned may obligate 

15 and expend— 

16 ‘‘(A) from appropriations available to the Sec17 retary concerned for operation and maintenance, 

18 amounts necessary to carry out an unspecified minor 

19 military construction project costing not more than 

20 $2,000,000; or 

21 ‘‘(B) from appropriations available to the Sec22 retary concerned for military construction not other23 wise authorized by law, amounts necessary to carry 

24 out an unspecified minor military construction 

25 project costing not more than $4,000,000. 


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1 ‘‘(2) For an unspecified minor military construction 

2 project conducted pursuant to this subsection, $2,000,000 

3 shall be deemed to be the amount specified in subsection 

4 (b)(1) regarding when advance approval of the project by 

5 the Secretary concerned and congressional notification is 

6 required. The Secretary of Defense shall establish proce7 dures for the review and approval of requests from the 

8 Secretary of a military department to carry out a con9 struction project under this subsection. 

10 ‘‘(3) For purposes of this subsection, the total 

11 amount allowed to be applied in any one fiscal year to 

12 projects at any one laboratory shall be limited to the larger 

13 of the amounts applicable under paragraph (1). 

14 ‘‘(4) Not later than February 1, 2010, the Secretary 

15 of Defense shall submit to the congressional defense com16 mittees a report on the use of the authority provided by 

17 this subsection. The report shall include a list and descrip18 tion of the construction projects carried out under this 

19 subsection, including the location and cost of each project. 

20 ‘‘(5) In this subsection, the term ‘laboratory’ in21 cludes— 

22 ‘‘(A) a research, engineering, and development 

23 center; and 

24 ‘‘(B) a test and evaluation activity. 


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1 ‘‘(6) The authority to carry out a project under this 

2 subsection expires on September 30, 2012.’’. 

3 (b) STYLISTIC AMENDMENTS.—Such section is fur4 ther amended— 

5 (1) in subsection (a), by inserting ‘‘AUTHORITY

6 TO CARRY OUT UNSPECIFIED MINOR MILITARY

7 CONSTRUCTION PROJECTS.—’’ after ‘‘(a)’’; 

8 (2) in subsection (b), by inserting ‘‘APPROVAL

9 AND CONGRESSIONAL NOTIFICATION.—’’ after 

10 ‘‘(b)’’; 

11 (3) in subsection (c), by inserting ‘‘USE OF OP12 ERATION AND MAINTENANCE FUNDS.—’’ after 

13 ‘‘(c)’’; and 

14 (4) in subsection (e), as redesignated by sub15 section (a)(1), by inserting ‘‘PROHIBITION ON USE

16 FOR NEW HOUSING UNITS.—’’ after ‘‘(e)’’. 

17 SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALI18 ZATION PAYMENTS FOR FACILITY EX19 CHANGES. 

20 Section 2809(c)(5) of the Military Construction Au21 thorization Act for Fiscal Year 2005 (division B of Public 

22 Law 108–375; 118 Stat. 2127) is amended by striking 

23 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 

24 2010’’. 


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1 SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILI2 TARY FAMILY HOUSING. 

3 (a) INCREASED MAXIMUM LEASE AMOUNT APPLICA4 BLE TO CERTAIN DOMESTIC ARMY FAMILY HOUSING

5 LEASES.—Subsection (b) of section 2828 of title 10, 

6 United States Code, is amended— 

7 (1) in paragraph (2), by striking ‘‘paragraphs 

8 (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and 

9 (7)’’; 

10 (2) in paragraph (5), by striking ‘‘paragraphs 

11 (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and 

12 (7)’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(7)(A) Not more than 600 housing units may be 

16 leased by the Secretary of the Army under subsection (a) 

17 for which the expenditure for the rental of such units (in18 cluding the cost of utilities, maintenance, and operation) 

19 exceeds the maximum amount per unit per year in effect 

20 under paragraph (2) but does not exceed $18,620 per unit 

21 per year, as adjusted from time to time under paragraph 

22 (5). 

23 ‘‘(B) The maximum lease amount provided in sub24 paragraph (A) shall apply only to Army family housing 

25 in areas designated by the Secretary of the Army. 


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1 ‘‘(C) The term of a lease under subparagraph (A) 

2 may not exceed 2 years.’’. 

3 (b) FOREIGN MILITARY FAMILY HOUSING

4 LEASES.—Subsection (e)(2) of such section is amended by 

5 striking ‘‘the Secretary of the Navy may lease not more 

6 than 2,800 units of family housing in Italy, and the Sec7 retary of the Army may lease not more than 500 units 

8 of family housing in Italy’’ and inserting ‘‘the Secretaries 

9 of the military departments may lease not more than 

10 3,300 units of family housing in Italy’’. 

11 (c) INCREASED THRESHOLD FOR CONGRESSIONAL

12 NOTIFICATION FOR FOREIGN MILITARY FAMILY HOUS13 ING LEASES.—Subsection (f) of such section is amended 

14 by striking ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. 

15 (d) REPORT REQUIRED.—Not later than March 1, 

16 2008, the Secretary of Defense shall submit to the con17 gressional defense committees a report on the rental of 

18 family housing in foreign countries (including the costs of 

19 utilities, maintenance, and operations) that exceed 

20 $60,000 per unit per year. The report shall include a list 

21 and description of rental units (including total gross 

22 square feet and number of bedrooms), location, rental 

23 cost, the requirement for the rental, and the options that 

24 the Secretary has available to decrease the costs associated 

25 with the rentals. 


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1 SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RE2 SERVE COMPONENT FACILITIES. 

3 Section 18240(a) of title 10, United States Code, is 

4 amended by striking ‘‘with a State’’ in the first sentence 

5 and inserting ‘‘with an Executive agency (as defined in 

6 section 105 of title 5), the United States Postal Service, 

7 or a State’’. 

8 SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHOR9 ITY FOR ACQUISITION AND IMPROVEMENT 

10 OF MILITARY HOUSING FOR PRIVATIZATION 

11 OF TEMPORARY LODGING FACILITIES. 

12 (a) LIMITATION ON PRIVATIZATION OF TEMPORARY

13 LODGING FACILITIES.—Notwithstanding any other provi14 sion of subchapter IV of chapter 169 of title 10, United 

15 States Code, the privatization of temporary lodging facili16 ties under such subchapter is limited to the military instal17 lations authorized in subsection (b) until 120 days after 

18 the date on which the report described in subsection (d)(1) 

19 is submitted. 

20 (b) AUTHORIZED INSTALLATIONS.—The military in21 stallations at which the privatization of temporary lodging 

22 facilities may proceed under subsection (a) are the fol23 lowing: 

24 (1) Redstone Arsenal, Alabama. 

25 (2) Fort Rucker, Alabama. 

26 (3) Yuma Proving Ground, Arizona. 


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1 (4) Fort McNair, District of Columbia. 

2 (5) Fort Shafter, Hawaii. 

3 (6) Tripler Army Medical Center, Hawaii. 

4 (7) Fort Leavenworth, Kansas. 

5 (8) Fort Riley, Kansas. 

6 (9) Fort Polk, Louisiana. 

7 (10) Fort Sill, Oklahoma. 

8 (11) Fort Hood, Texas. 

9 (12) Fort Sam Houston, Texas. 

10 (13) Fort Myer, Virginia. 

11 (c) EFFECT OF LIMITATION.—The limitation im12 posed by subsection (a) prohibits the issuance of contract 

13 solicitations for the privatization of temporary lodging fa14 cilities at any military installation not specified in sub15 section (b). 

16 (d) REPORTING REQUIREMENTS.— 

17 (1) REPORT BY SECRETARY OF THE ARMY.— 

18 Not earlier than eight months after the date on 

19 which the notice of transfer associated with the mili20 tary installations specified in subsection (b) is 

21 issued, the Secretary of the Army shall submit to 

22 the congressional defense committees and the Comp23 troller General a report that— 


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1 (A) describes the implementation of the 

2 privatization of temporary lodging facilities at 

3 the installations specified in subsection (b); 

4 (B) evaluates the efficiency of the pro5 gram; and 

6 (C) contains such recommendations as the 

7 Secretary considers appropriate regarding ex8 pansion of the program. 

9 (2) REPORT BY COMPTROLLER GENERAL.—Not 

10 later than 90 days after receiving the report under 

11 paragraph (1), the Comptroller General shall submit 

12 to the congressional defense committees a review of 

13 both the privatization of temporary lodging facilities 

14 and the report of the Secretary. 

15 SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PRO16 GRAM TO USE MINOR MILITARY CONSTRUC17 TION AUTHORITY FOR CONSTRUCTION OF 

18 CHILD DEVELOPMENT CENTERS. 

19 (a) EXTENSION.—Subsection (e) of section 2810 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 2006 (division B of Public Law 109–163; 119 Stat. 

22 3510) is amended by striking ‘‘September 30, 2007’’ and 

23 inserting ‘‘September 30, 2009’’. 


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1 (b) REPORT REQUIRED.—Subsection (d) of such sec2 tion is amended by striking ‘‘March 1, 2007’’ and insert3 ing ‘‘March 1, 2009’’. 

4 SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIA5 TIVES. 

6 (a) REPORT REQUIRED.—Not later than March 31, 

7 2008, the Comptroller General shall submit to the Com8 mittees on Armed Services of the Senate and the House 

9 of Representatives a report containing— 

10 (1) a list of all housing privatization trans11 actions carried out by the Department of Defense 

12 that, as of such date, are behind schedule or in de13 fault; and 

14 (2) recommendations regarding the opportuni15 ties for the Federal Government to ensure that all 

16 terms of each housing privatization transaction are 

17 completed according to the original schedule and 

18 budget. 

19 (b) SPECIFIC INFORMATION REGARDING EACH

20 TRANSACTION.—For each housing privatization trans21 action included in the report required by subsection (a), 

22 the report shall provide a description of the following: 

23 (1) The reasons for schedule delays, cost over24 runs, or default. 


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1 (2) How solicitations and competitions were 

2 conducted for the project. 

3 (3) How financing, partnerships, legal arrange4 ments, leases, or contracts in relation to the project 

5 were structured. 

6 (4) Which entities, including Federal entities, 

7 are bearing financial risk for the project, and to 

8 what extent. 

9 (5) The remedies available to the Federal Gov10 ernment to restore the transaction to schedule or en11 sure completion of the terms of the transaction in 

12 question at the earliest possible time. 

13 (6) The extent to which the Federal Govern14 ment has the ability to affect the performance of 

15 various parties involved in the project. 

16 (7) The remedies available to subcontractors to 

17 recoup liens in the case of default, non-payment by 

18 the developer or other party to the transaction or 

19 lease agreement, or re-structuring. 

20 (8) The remedies available to the Federal Gov21 ernment to affect receivership actions or transfer of 

22 ownership of the project. 

23 (9) The names of the developers for the project 

24 and any history of previous defaults or bankruptcies 

25 by these developers or their affiliates. 


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1 (c) HOUSING PRIVATIZATION TRANSACTION DE2 FINED.—In this section, the term ‘‘housing privatization 

3 transaction’’ means any contract or other transaction for 

4 the construction or acquisition of military family housing 

5 or military unaccompanied housing entered into under the 

6 authority of subchapter IV of chapter 169 of title 10, 

7 United States Code. 

8 Subtitle B—Real Property and 

9 Facilities Administration 

10 SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY 

11 TRANSACTIONS RESULTING IN ANNUAL 

12 COSTS OF MORE THAN $750,000. 

13 (a) INCLUSION OF TRANSACTIONS INVOLVING DE14 FENSE AGENCIES.— 

15 (1) REQUIREMENT TO REPORT.—Subsection (a) 

16 of section 2662 of title 10, United States Code, is 

17 amended— 

18 (A) in paragraph (1), by striking ‘‘, or his 

19 designee,’’ and inserting ‘‘or, with respect to a 

20 Defense Agency, the Secretary of Defense’’; and 

21 (B) in paragraph (3), by inserting after 

22 ‘‘military department’’ the following: ‘‘or the 

23 Secretary of Defense’’. 

24 (2) ANNUAL REPORT REGARDING MINOR

25 TRANSACTIONS.—Subsection (b) of such section is 


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1 amended by inserting after ‘‘military department’’ 

2 the following: ‘‘and, with respect to Defense Agen3 cies, the Secretary of Defense’’. 

4 (3) EXCEPTIONS.—Subsection (g) of such sec5 tion is amended by adding at the end the following 

6 new paragraph: 

7 ‘‘(4) In this subsection, the term ‘Secretary con8 cerned’ includes, with respect to Defense Agencies, the 

9 Secretary of Defense.’’. 

10 (b) INCLUSION OF ADDITIONAL TRANSACTION.— 

11 Subsection (a)(1) of such section is amended by adding 

12 at the end the following new subparagraph: 

13 ‘‘(G) Any transaction or contract action that re14 sults in, or includes, the acquisition or use by, or the 

15 lease or license to, the United States of real prop16 erty, if the estimated annual rental or cost for the 

17 use of the real property is more than $750,000.’’. 

18 SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROP19 ERTY PROVISIONS WITHOUT SUBSTANTIVE 

20 CHANGE. 

21 (a) CONSOLIDATION.—Section 2663 of title 10, 

22 United States Code, is amended by adding at the end the 

23 following new subsection: 

24 ‘‘(h) LAND ACQUISITION OPTIONS IN ADVANCE OF

25 MILITARY CONSTRUCTION PROJECTS.—(1) The Secretary 


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1 of a military department may acquire an option on a par2 cel of real property before or after its acquisition is au3 thorized by law, if the Secretary considers it suitable and 

4 likely to be needed for a military project of the military 

5 department under the jurisdiction of the Secretary. 

6 ‘‘(2) As consideration for an option acquired under 

7 paragraph (1), the Secretary may pay, from funds avail8 able to the military department under the jurisdiction of 

9 the Secretary for real property activities, an amount that 

10 is not more than 12 percent of the appraised fair market 

11 value of the property.’’. 

12 (b) REPEAL OF SUPERSEDED PROVISION.— 

13 (1) REPEAL.—Section 2677 of such title is re14 pealed. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 159 of such title 

17 is amended by striking the item relating to section 

18 2677. 

19 SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON20 EXCESS PROPERTY OF THE MILITARY DE21 PARTMENTS. 

22 (a) ELIMINATION OF AUTHORITY TO ACCEPT FACILI23 TIES OPERATION SUPPORT AS IN-KIND CONSIDER24 ATION.—Subsection (c)(1) of section 2667 of title 10, 

25 United States Code, is amended— 


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1 (1) by redesignating subparagraph (E) as sub2 paragraph (F); and 

3 (2) by striking subparagraph (D) and inserting 

4 the following new subparagraphs: 

5 ‘‘(D) Provision or payment of utility services 

6 for the Secretary concerned. 

7 ‘‘(E) Provision of real property maintenance 

8 services for the Secretary concerned.’’. 

9 (b) ELIMINATION OF AUTHORITY TO USE RENTAL

10 AND CERTAIN OTHER PROCEEDS FOR FACILITIES OPER11 ATION SUPPORT.—Subsection (e)(1)(C) of such section is 

12 amended— 

13 (1) by adjusting the margins of clauses (ii) and 

14 (iii) to conform to the margin of clause (i); and 

15 (2) by striking clause (iv) and inserting the fol16 lowing new clauses: 

17 ‘‘(iv) Payment of utility services. 

18 ‘‘(v) Real property maintenance services.’’. 

19 (c) USE OF COMPETITIVE PROCEDURES FOR SELEC20 TION OF CERTAIN LESSEES.—Subsection (h) of such sec21 tion is amended— 

22 (1) in paragraph (1), by striking ‘‘exceeds one 

23 year, and the fair market value of the lease’’ and in24 serting ‘‘exceeds one year, or the fair market value 

25 of the lease’’; 


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1 (2) by redesignating paragraph (3) as para2 graph (4); and 

3 (3) by striking paragraph (2) and inserting the 

4 following new paragraphs: 

5 ‘‘(2) Paragraph (1) does not apply if the Secretary 

6 concerned determines that— 

7 ‘‘(A) a public interest will be served as a result 

8 of the lease; and 

9 ‘‘(B) the use of competitive procedures for the 

10 selection of certain lessees is unobtainable or not 

11 compatible with the public benefit served under sub12 paragraph (A). 

13 ‘‘(3) Not later than 45 days before entering into a 

14 lease described in paragraph (1), the Secretary concerned 

15 shall submit to Congress written notice describing the 

16 terms of the proposed lease and— 

17 ‘‘(A) the competitive procedures used to select 

18 the lessee; or 

19 ‘‘(B) in the case of a lease involving the public 

20 benefit exception authorized by paragraph (2), a de21 scription of the public benefit to be served by the 

22 lease.’’. 

23 (d) TECHNICAL AMENDMENTS RELATED TO PRIOR24 YEAR AMENDMENT.—Subsection (e) of such section is 

25 amended— 


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1 (1) in paragraph (1)(B)(ii), by striking ‘‘para2 graph (4), (5), or (6)’’ and inserting ‘‘paragraph (3), 

3 (4), or (5)’’; and 

4 (2) by redesignating paragraphs (4), (5), and 

5 (6) as paragraphs (3), (4), and (5). 

6 SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR 

7 MANAGEMENT OF CULTURAL RESOURCES ON 

8 CERTAIN SITES OUTSIDE MILITARY INSTAL9 LATIONS. 

10 (a) EXPANDED AUTHORITY.—Section 2684 of title 

11 10, United States Code, is amended— 

12 (1) in subsection (a), by striking ‘‘on military 

13 installations’’ and inserting ‘‘located on a site au14 thorized by subsection (b)’’; 

15 (2) by redesignating subsections (b) and (c) as 

16 subsections (c) and (d), respectively; and 

17 (3) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.— 

20 To be covered by a cooperative agreement under sub21 section (a), cultural resources must be located— 

22 ‘‘(1) on a military installation; or 

23 ‘‘(2) on a site outside of a military installation, 

24 but only if the cooperative agreement will directly re25 lieve or eliminate current or anticipated restrictions 


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1 that would or might restrict, impede, or otherwise 

2 interfere, whether directly or indirectly, with current 

3 or anticipated military training, testing, or oper4 ations on a military installation.’’. 

5 (b) CULTURAL RESOURCE DEFINED.—Subsection 

6 (d) of such section, as redesignated by subsection (a)(2), 

7 is amended by adding at the end the following new para8 graph: 

9 ‘‘(5) An Indian sacred site, as defined in section 

10 1(b)(iii) of Executive Order No. 13007.’’. 

11 SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND 

12 OTHER CONSTRAINTS ON MILITARY TRAIN13 ING, TESTING, AND OPERATIONS. 

14 (a) MANAGEMENT OF NATURAL RESOURCES OF AC15 QUIRED PROPERTY.—Subsection (d) of section 2684a of 

16 title 10, United States Code, is amended— 

17 (1) by redesignating paragraphs (3), (4), (5), 

18 and (6) as paragraphs (4), (5), (6), and (7), respec19 tively; and 

20 (2) by inserting after paragraph (2) the fol21 lowing new paragraph (3): 

22 ‘‘(3) An agreement with an eligible entity under this 

23 section may provide for the management of natural re24 sources on real property in which the Secretary concerned 

25 acquires any right, title, or interest in accordance with this 


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1 subsection and for the payment by the United States of 

2 all or a portion of the costs of such natural resource man3 agement if the Secretary concerned determines that there 

4 is a demonstrated need to preserve or restore habitat for 

5 the purpose described in subsection (a)(2).’’. 

6 (b) LIMITATION ON PORTION OF ACQUISITION COSTS

7 BORNE BY UNITED STATES.—Paragraph (4) of such sub8 section, as redesignated by subsection (a)(1), is amend9 ed— 

10 (1) by redesignating subparagraph (D) as sub11 paragraph (E); 

12 (2) in subparagraph (C), by striking ‘‘equal to 

13 the fair market value’’ and all that follows through 

14 the period at the end and inserting ‘‘equal to, at the 

15 discretion of the Secretary concerned— 

16 ‘‘(i) the fair market value of any property or in17 terest in property to be transferred to the United 

18 States upon the request of the Secretary concerned 

19 under paragraph (5); or 

20 ‘‘(ii) the cumulative fair market value of all 

21 properties or interests to be transferred to the 

22 United States under paragraph (5) pursuant to an 

23 agreement under subsection (a).’’; and 

24 (3) by inserting after subparagraph (C) the fol25 lowing new subparagraph: 


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1 ‘‘(D) The portion of acquisition costs borne by the 

2 United States under subparagraph (A) may exceed the 

3 amount determined under subparagraph (C), but only if— 

4 ‘‘(i) the Secretary concerned provides written 

5 notice to the Committee on Armed Services of the 

6 Senate and the Committee on Armed Services of the 

7 House of Representatives containing— 

8 ‘‘(I) a certification by the Secretary that 

9 the military value to the United States of the 

10 property or interest to be acquired justifies a 

11 payment in excess of the fair market value of 

12 the property or interest; and 

13 ‘‘(II) a description of the military value to 

14 be obtained; and 

15 ‘‘(ii) the contribution toward the acquisition 

16 costs of the property or interest is not made until 

17 at least 14 days after the date on which the notice 

18 is submitted under clause (i) or, if earlier, at least 

19 10 days after the date on which a copy of the notice 

20 is provided in an electronic medium pursuant to sec21 tion 480 of this title.’’. 


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1 SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF 

2 ARMY PILOT PROGRAM FOR PURCHASE OF 

3 CERTAIN MUNICIPAL SERVICES FOR MILI4 TARY INSTALLATIONS. 

5 (a) EXPANSION OF PILOT PROGRAM.—Section 325 

6 of the Ronald W. Reagan National Defense Authorization 

7 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

8 2461 note) is amended— 

9 (1) in the section heading, by striking ‘‘ARMY’’ 

10 and inserting ‘‘MILITARY’’; 

11 (2) in subsection (a)— 

12 (A) by striking ‘‘Secretary of the Army’’ 

13 and inserting ‘‘Secretary of a military depart14 ment’’; and 

15 (B) by striking ‘‘an Army installation’’ and 

16 inserting ‘‘a military installation under the ju17 risdiction of the Secretary’’; and 

18 (3) in subsection (d), by striking ‘‘The Sec19 retary’’ and inserting ‘‘The Secretary of a military 

20 department’’. 

21 (b) PARTICIPATING INSTALLATIONS.—Subsection (c) 

22 of such section is amended by striking ‘‘two Army installa23 tions’’ and inserting ‘‘three military installations from 

24 each military service’’. 


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1 (c) EXTENSION OF DURATION OF PROGRAM.—Such 

2 section is further amended by striking subsections (e) and 

3 (f) and inserting the following new subsection: 

4 ‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot 

5 program shall terminate on September 30, 2012. Any con6 tract entered into under the pilot program shall terminate 

7 not later than that date.’’. 

8 SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO 

9 SELFRIDGE AIR NATIONAL GUARD BASE. 

10 The Secretary of Defense shall prohibit the use of 

11 Selfridge Air National Guard Base by commercial service 

12 aircraft. 

13 SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DE14 FENSE ACTIONS TO PROTECT INSTALLA15 TIONS, RANGES, AND MILITARY AIRSPACE 

16 FROM ENCROACHMENT. 

17 (a) FINDINGS.—In light of the initial report of the 

18 Department of Defense submitted pursuant to section 

19 2684a(g) of title 10, United States Code, and of the 

20 RAND Corporation report entitled ‘‘The Thin Green Line: 

21 An Assessment of DoD’s Readiness and Environmental 

22 Protection Initiative to Buffer Installation Encroach23 ment’’, Congress makes the following findings: 

24 (1) Development and loss of habitat in the vi25 cinity of, or in areas ecologically related to, military 


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1 installations, ranges, and airspace pose a continuing 

2 and significant threat to the readiness of the Armed 

3 Forces. 

4 (2) The Range Sustainability Program (RSP) 

5 of the Department of Defense, and in particular the 

6 Readiness and Environmental Protection Initiative 

7 (REPI) involving agreements pursuant to section 

8 2684a of title 10, United States Code, have been ef9 fective in addressing this threat to readiness with re10 gard to a number of important installations, ranges, 

11 and airspace. 

12 (3) The opportunities to take effective action to 

13 protect installations, ranges, and airspace from en14 croachment is in many cases transient, and delay in 

15 taking action will result in either higher costs or per16 manent loss of the opportunity effectively to address 

17 encroachment. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that the Department of Defense should— 

20 (1) develop additional policy guidance on the 

21 further implementation of the Readiness and Envi22 ronmental Protection Initiative (REPI), to include 

23 additional emphasis on protecting biodiversity and 

24 on further refining procedures; 


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1 (2) give greater emphasis to effective coopera2 tion and collaboration on matters of mutual concern 

3 with other Federal agencies charged with managing 

4 Federal land; and 

5 (3) ensure that each military department takes 

6 full advantage of the authorities provided by section 

7 2684a of title 10, United States Code, in addressing 

8 encroachment adversely affecting, or threatening to 

9 adversely affect, the installations, ranges, and mili10 tary airspace of the department. 

11 (c) REPORTING REQUIREMENT.—Not later than 90 

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall review Chapter 6 of the initial re14 port submitted to Congress under section 2684a(g) of title 

15 10, United States Code, and report to the congressional 

16 defense committees on the specific steps, if any, that the 

17 Secretary plans to take, or recommends that Congress 

18 take, to address the issues raised in such chapter. 

19 SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPER20 ATIONAL RANGES. 

21 (a) REPORT ON UTILIZATION AND POTENTIAL EX22 PANSION OF ARMY OPERATIONAL RANGES.—Not later 

23 than 180 days after the date of the enactment of this Act, 

24 the Secretary of the Army shall submit to the congres25 sional defense committees a report containing an assessVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01373 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 ment of the Army operational ranges used to support 

2 training and range activities of the Army. The report shall 

3 include the following information: 

4 (1) The size, description, and mission-essential 

5 tasks supported by each Army operational range 

6 during fiscal year 2003. 

7 (2) A description of the projected changes in 

8 Army operational range requirements, including the 

9 size, characteristics, and attributes for mission-es10 sential activities at each Army operational range and 

11 the extent to which any changes in requirements are 

12 a result of— 

13 (A) decisions made as part of the 2005 

14 round of defense base closure and realignment 

15 under the Defense Base Closure and Realign16 ment Act of 1990 (part A of title XXIX of 

17 Public Law 101–510; 10 U.S.C. 2687 note); 

18 (B) the conversion of Army brigades to a 

19 modular format; 

20 (C) the Integrated Global Presence and 

21 Basing Strategy; 

22 (D) the proposal contained in the budget 

23 justification materials submitted in support of 

24 the Department of Defense budget for fiscal 

25 year 2008 to increase the size of the active 


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1 component of the Army to 547,400 personnel 

2 by the end of fiscal year 2012 and any modi3 fication or acceleration contemplated in the 

4 budget submission for fiscal year 2009; or 

5 (E) high operational tempos or surge re6 quirements. 

7 (3) The projected deficit or surplus of land at 

8 each Army operational range, and a description of 

9 the Army’s plan to address that projected deficit or 

10 surplus of land as well as the upgrade of range at11 tributes at each existing Army operational range. 

12 (4) A description of the Army’s prioritization 

13 process and investment strategy to address the po14 tential expansion or upgrade of Army operational 

15 ranges. 

16 (5) An analysis of alternatives to the expansion 

17 of Army operational ranges, including an assessment 

18 of the joint use of operational ranges under the ju19 risdiction, custody, or control of the Secretary of an20 other military department. 

21 (6) An analysis of the cost of, potential military 

22 value of, and potential legal or practical impedi23 ments to, the expansion of the Joint Readiness 

24 Training Center at Fort Polk, Louisiana, through 


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1 the acquisition of additional land adjacent to or in 

2 the vicinity of the installation. 

3 (7) An analysis of the impact of the proposal 

4 described in paragraph (2)(D) on the plan developed 

5 prior to such proposal to relocate forces from Ger6 many to the United States and vacate installations 

7 in Germany as part of the Integrated Global Pres8 ence and Basing Strategy, including a comparative 

9 analysis of— 

10 (A) the projected utilization of the three 

11 combat training centers of the Army if all of 

12 the six light infantry brigades proposed to be 

13 added to the active component of the Army 

14 would be based in the United States; and 

15 (B) the projected utilization of such ranges 

16 if at least one of those brigades would be based 

17 in Germany or if one of the brigades proposed 

18 to be relocated pursuant to the plan in para19 graph (a)(2)(C) is retained in Germany. 

20 (8) If the analysis required by paragraph (7) 

21 indicates that the Joint Multi-National Readiness 

22 Center in Hohenfels, Germany, or the Army’s train23 ing complex at Grafenwoehr, Germany, would not be 

24 fully utilized under the basing scenarios analyzed, an 


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1 estimate of the cost to replicate the training capa2 bility at that center in another location. 

3 (b) REPORT ON POTENTIAL EXPANSION OF MARINE

4 CORPS OPERATIONAL RANGES.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of the Navy shall submit to the congressional defense com7 mittees a report containing an assessment of Marine 

8 Corps operational ranges used to support training and 

9 range activities of the Marine Corps. The report required 

10 shall include the following information: 

11 (1) The size, description, and mission-essential 

12 tasks supported by each major Marine Corps oper13 ational range during fiscal year 2003. 

14 (2) A description of the projected changes in 

15 Marine Corps operational range requirements, in16 cluding the size, characteristics, and attributes for 

17 mission-essential activities at each range and the ex18 tent to which any changes in requirements are a re19 sult of the proposal contained in the fiscal year 2008 

20 budget request to increase the size of the active com21 ponent of the Marine Corps to 202,000 personnel by 

22 the end of fiscal year 2012 and any modification or 

23 acceleration contemplated in the budget submission 

24 for fiscal year 2009. 


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1 (3) The projected deficit or surplus of land at 

2 each major Marine Corps operational range, and a 

3 description of the Secretary’s plan to address that 

4 projected deficit or surplus of land as well as the up5 grade of range attributes at each existing Marine 

6 Corps operational range. 

7 (4) A description of the Secretary’s 

8 prioritization process and investment strategy to ad9 dress the potential expansion or upgrade of Marine 

10 Corps operational ranges. 

11 (5) An analysis of alternatives to the expansion 

12 of Marine Corps operational ranges, including an as13 sessment of the joint use of operational ranges 

14 under the jurisdiction, custody, or control of the 

15 Secretary of another military department. 

16 (6) An analysis of the cost of, potential military 

17 value of, and potential legal or practical impedi18 ments to, the expansion of Marine Corps Base, 

19 Twentynine Palms, California, through the acquisi20 tion of additional land adjacent to or in the vicinity 

21 of that installation that is under the control of the 

22 Bureau of Land Management. 

23 (c) SUPPLEMENTAL REPORT.—Not later than 90 

24 days after the date on which the second of the two reports 

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1 retary of Defense shall submit to the congressional defense 

2 committees a report containing the following information: 

3 (1) A description of initiatives by the Secretary 

4 of Defense to coordinate the range expansion activi5 ties of the Army and Marine Corps in order to gain 

6 efficiencies in investment and resource allocation. 

7 (2) An analysis of training requirements for the 

8 Army and the Marine Corps that could be accom9 plished through joint use of existing ranges. 

10 (3) An analysis of the responses provided by the 

11 Secretary of the Army under subsection (a)(5) and 

12 the Secretary of the Navy subsection (b)(5). 

13 (4) Any other matter that the Secretary of De14 fense considers to be of importance to ensure the ef15 fective and timely expansion of ranges to meet Army 

16 and Marine Corps training requirements. 

17 (d) DEFINITIONS.—In this section: 

18 (1) The term ‘‘Army operational range’’ has the 

19 meaning given the term ‘‘operational range’’ in sec20 tion 101(e)(3) of title 10, United States Code, ex21 cept that the term is limited to operational ranges 

22 under the jurisdiction, custody, or control of the 

23 Secretary of the Army. 

24 (2) The term ‘‘Marine Corps operational range’’ 

25 has the meaning given the term ‘‘operational range’’ 


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1 in section 101(e)(3) of such title, except that the 

2 term is limited to operational ranges under the juris3 diction, custody, or control of the Secretary of the 

4 Navy that are used by or available for use by the 

5 Marine Corps. 

6 (3) The term ‘‘range activities’’ has the mean7 ing given that term in section 101(e)(2) of such 

8 title. 

9 SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BAS10 ING REPORT. 

11 Not later than March 1, 2008, the Secretary of the 

12 Air Force shall submit to the congressional defense com13 mittees a report containing a detailed plan of the current 

14 and future aviation assets that the Secretary expects will 

15 be based at Niagara Air Reserve Base, New York. The 

16 report shall include a description of all of the aviation as17 sets that will be impacted by the series of relocations to 

18 be made to or from Niagara Air Reserve Base and the 

19 timeline for such relocations. 

20 SEC. 2831. REPORT ON THE PINON CANYON MANEUVER 

21 SITE, COLORADO. 

22 (a) REPORT ON THE PINON CANYON MANEUVER

23 SITE.— 

24 (1) REPORT REQUIRED.—Not later than 180 

25 days after the date of the enactment of this Act, the 


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1 Secretary of the Army shall submit to the congres2 sional defense committees a report on the Pinon 

3 Canyon Maneuver Site (referred to in this section as 

4 ‘‘the Site’’). 

5 (2) CONTENT.—The report required under 

6 paragraph (1) shall include the following: 

7 (A) An analysis of whether existing train8 ing facilities at Fort Carson, Colorado, and the 

9 Site are sufficient to support the training needs 

10 of units stationed or planned to be stationed at 

11 Fort Carson, including the following: 

12 (i) A description of any new training 

13 requirements or significant developments 

14 affecting training requirements for units 

15 stationed or planned to be stationed at 

16 Fort Carson since the 2005 Defense Base 

17 Closure and Realignment Commission 

18 found that the base has ‘‘sufficient capac19 ity’’ to support four brigade combat teams 

20 and associated support units at Fort Car21 son. 

22 (ii) A study of alternatives for enhanc23 ing training facilities at Fort Carson and 

24 the Site within their current geographic 

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1 tional investments or measures could sup2 port additional training activities. 

3 (iii) A description of the current train4 ing calendar and training load at the Site, 

5 including— 

6 (I) the number of brigade-sized 

7 and battalion-sized military exercises 

8 held at the Site since its establish9 ment; 

10 (II) an analysis of the maximum 

11 annual training load at the Site, with12 out expanding the Site; and 

13 (III) an analysis of the training 

14 load and projected training calendar 

15 at the Site when all brigades stationed 

16 or planned to be stationed at Fort 

17 Carson are at home station. 

18 (B) A report of need for any proposed ad19 dition of training land to support units sta20 tioned or planned to be stationed at Fort Car21 son, including the following: 

22 (i) A description of additional training 

23 activities, and their benefits to operational 

24 readiness, which would be conducted by 

25 units stationed at Fort Carson if, through 


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1 leases or acquisition from consenting land2 owners, the Site were expanded to in3 clude— 

4 (I) the parcel of land identified 

5 as ‘‘Area A’’ in the Potential PCMS 

6 Land expansion map; 

7 (II) the parcel of land identified 

8 as ‘‘Area B’’ in the Potential PCMS 

9 Land expansion map; 

10 (III) the parcels of land identi11 fied as ‘‘Area A’’ and ‘‘Area B’’ in the 

12 Potential PCMS Land expansion map; 

13 (IV) acreage sufficient to allow 

14 simultaneous exercises of a light in15 fantry brigade and a heavy infantry 

16 brigade at the Site; 

17 (V) acreage sufficient to allow si18 multaneous exercises of two heavy in19 fantry brigades at the Site; 

20 (VI) acreage sufficient to allow 

21 simultaneous exercises of a light in22 fantry brigade and a battalion at the 

23 Site; and 

24 (VII) acreage sufficient to allow 

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1 fantry brigade and a battalion at the 

2 Site. 

3 (ii) An analysis of alternatives for ac4 quiring or utilizing training land at other 

5 installations in the United States to sup6 port training activities of units stationed at 

7 Fort Carson. 

8 (iii) An analysis of alternatives for 

9 utilizing other federally owned land to sup10 port training activities of units stationed at 

11 Fort Carson. 

12 (C) An analysis of alternatives for enhanc13 ing economic development opportunities in 

14 southeastern Colorado at the current Site or 

15 through any proposed expansion, including the 

16 consideration of the following alternatives: 

17 (i) The leasing of land on the Site or 

18 any expansion of the Site to ranchers for 

19 grazing. 

20 (ii) The leasing of land from private 

21 landowners for training. 

22 (iii) The procurement of additional 

23 services and goods, including biofuels and 

24 beef, from local businesses. 


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1 (iv) The creation of an economic de2 velopment fund to benefit communities, 

3 local governments, and businesses in 

4 southeastern Colorado. 

5 (v) The establishment of an outreach 

6 office to provide technical assistance to 

7 local businesses that wish to bid on De8 partment of Defense contracts. 

9 (vi) The establishment of partnerships 

10 with local governments and organizations 

11 to expand regional tourism through ex12 panded access to sites of historic, cultural, 

13 and environmental interest on the Site. 

14 (vii) An acquisition policy that allows 

15 willing sellers to minimize the tax impact 

16 of a sale. 

17 (viii) Additional investments in Army 

18 missions and personnel, such as stationing 

19 an active duty unit at the Site, including— 

20 (I) an analysis of anticipated 

21 operational benefits; and 

22 (II) an analysis of economic im23 pacts to surrounding communities. 

24 (3) POTENTIAL PCMS LAND EXPANSION MAP

25 DEFINED.—In this subsection, the term ‘‘Potential 


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1 PCMS Land expansion map’’ means the June 2007 

2 map entitled ‘‘Potential PCMS Land expansion’’. 

3 (b) COMPTROLLER GENERAL REVIEW OF REPORT.— 

4 Not later than 180 days after the Secretary of Defense 

5 submits the report required under subsection (a), the 

6 Comptroller General of the United States shall submit to 

7 Congress a review of the report and of the justification 

8 of the Army for expansion at the Site. 

9 (c) PUBLIC COMMENT.—After the report required 

10 under subsection (b) is submitted to Congress, the Army 

11 shall solicit public comment on the report for a period of 

12 not less than 90 days. Not later than 30 days after the 

13 public comment period has closed, the Secretary shall sub14 mit to Congress a written summary of comments received. 

15 Subtitle C—Land Conveyances 

16 SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, 

17 MARINE CORPS BASE, CAMP PENDLETON, 

18 CALIFORNIA. 

19 Section 2851(a) of the Military Construction Author20 ization Act for Fiscal Year 1999 (division B of Public Law 

21 105–261; 112 Stat. 2219) is amended by striking ‘‘, not22 withstanding any provision of State law to the contrary,’’, 

23 as added by section 2867 of Public Law 107–107 (115 

24 Stat. 1334). 


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1 SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, 

2 FLORIDA. 

3 (a) GRANT AUTHORIZED.—Secretary of the Air 

4 Force may use the authority provided by section 2668 of 

5 title 10, United States Code, to grant to the Mid Bay 

6 Bridge Authority an easement for a roadway right-of-way 

7 over such land at Eglin Air Force Base, Florida, as the 

8 Secretary determines necessary to facilitate the construc9 tion of a road connecting the northern landfall of the Mid 

10 Bay Bridge to Florida State Highway 85. 

11 (b) CONSIDERATION.—As consideration for the grant 

12 of the easement under subsection (a), the Mid Bay Bridge 

13 Authority shall pay to the Secretary an amount equal to 

14 the fair-market-value of the easement, as determined by 

15 the Secretary. 

16 (c) COSTS OF PROJECT.—As a condition of the grant 

17 of the easement under subsection (a), the Mid Bay Bridge 

18 Authority shall be responsible for all costs associated with 

19 the highway project described in such subsection, includ20 ing all costs the Secretary determines to be necessary to 

21 address any impacts that the project may have on the de22 fense missions at Eglin Air Force Base. 

23 SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, 

24 LYNN HAVEN, FLORIDA. 

25 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

26 the Air Force may convey to Florida State University (in 


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1 this section referred to as the ‘‘University’’) all right, title, 

2 and interest of the United States in and to a parcel of 

3 real property, including improvements thereon, consisting 

4 of approximately 40 acres located at the Lynn Haven Fuel 

5 Depot in Lynn Haven, Florida, as a public benefit convey6 ance for the purpose of permitting the University to de7 velop the property as a new satellite campus. 

8 (b) CONSIDERATION.— 

9 (1) IN GENERAL.—For the conveyance of the 

10 property under subsection (a), the University shall 

11 provide the United States with consideration in an 

12 amount that is acceptable to the Secretary, whether 

13 in the form of cash payment, in-kind consideration, 

14 or a combination thereof. 

15 (2) REDUCED TUITION RATES.—The Secretary 

16 may accept as in-kind consideration under para17 graph (1) reduced tuition rates or scholarships for 

18 military personnel at the University. 

19 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

20 (1) PAYMENT REQUIRED.—The Secretary shall 

21 require the University to cover costs to be incurred 

22 by the Secretary, or to reimburse the Secretary for 

23 costs incurred by the Secretary, to carry out the 

24 conveyance under subsection (a), including survey 

25 costs, appraisal costs, and other costs related to the 


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1 conveyance. If amounts are collected from the Uni2 versity in advance of the Secretary incurring the ac3 tual costs, and the amount collected exceeds the 

4 costs actually incurred by the Secretary to carry out 

5 the conveyance, the Secretary shall refund the excess 

6 amount to the University. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received under paragraph (1) as reim9 bursement for costs incurred by the Secretary to 

10 carry out the conveyance under subsection (a) shall 

11 be credited to the fund or account that was used to 

12 cover the costs incurred by the Secretary in carrying 

13 out the conveyance. Amounts so credited shall be 

14 merged with amounts in such fund or account and 

15 shall be available for the same purposes, and subject 

16 to the same conditions and limitations, as amounts 

17 in such fund or account. 

18 (d) USE OF PROPERTY FOR OTHER THAN INTENDED

19 PURPOSES.—If the Secretary determines at any time that 

20 the real property conveyed under subsection (a) is not 

21 being used in accordance with the purposes of the convey22 ance specified in such subsection, the University shall pay 

23 to the United States an amount equal to the fair market 

24 value of the property, as of the time of such determination. 

25 The fair market value of the property, excluding the value 


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1 of any improvements made to the property by the Univer2 sity, shall be determined by the Secretary in accordance 

3 with Federal appraisal standards and procedures. 

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the real property to be conveyed 

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary. 

8 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under subsection (a) as 

11 the Secretary considers appropriate to protect the inter12 ests of the United States. 

13 SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NA14 TIONAL FLIGHT ACADEMY AT THE NATIONAL 

15 MUSEUM OF NAVAL AVIATION, NAVAL AIR 

16 STATION, PENSACOLA, FLORIDA. 

17 Section 2850(a) of the Military Construction Author18 ization Act for Fiscal Year 2001 (division B of the Floyd 

19 D. Spence National Defense Authorization Act for Fiscal 

20 Year 2001 (as enacted into law by Public Law 106–398; 

21 114 Stat. 1654A–428)) is amended— 

22 (1) by striking ‘‘naval aviation and’’ and insert23 ing ‘‘naval aviation,’’; and 

24 (2) by inserting before the period at the end the 

25 following: ‘‘, and, as of January 1, 2008, to teach 


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1 the science, technology, engineering, and mathe2 matics disciplines that have an impact on and relate 

3 to aviation’’. 

4 SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of General Serv8 ices. 

9 (2) CITY.—The term ‘‘City’’ means the City of 

10 Detroit, Michigan. 

11 (3) CITY LAND.—The term ‘‘City land’’ means 

12 the approximately 0.741 acres of real property, in13 cluding any improvement thereon, as depicted on the 

14 exchange maps, that is commonly identified as 110 

15 Mount Elliott Street, Detroit, Michigan. 

16 (4) COMMANDANT.—The term ‘‘Commandant’’ 

17 means the Commandant of the United States Coast 

18 Guard. 

19 (5) EDC.—The term ‘‘EDC’’ means the Eco20 nomic Development Corporation of the City of De21 troit. 

22 (6) EXCHANGE MAPS.—The term ‘‘exchange 

23 maps’’ means the maps entitled ‘‘Atwater Street 

24 Land Exchange Maps’’ prepared pursuant to sub25 section (f). 


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1 (7) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means approximately 1.26 acres of real property, in3 cluding any improvements thereon, as depicted on 

4 the exchange maps, that is commonly identified as 

5 2660 Atwater Street, Detroit, Michigan, and under 

6 the administrative control of the United States 

7 Coast Guard. 

8 (8) SECTOR DETROIT.—The term ‘‘Sector De9 troit’’ means Coast Guard Sector Detroit of the 

10 Ninth Coast Guard District. 

11 (b) CONVEYANCE AUTHORIZED.—The Commandant 

12 of the Coast Guard, in coordination with the Adminis13 trator, may convey to the EDC all right, title, and interest 

14 of the United States in and to the Federal land. 

15 (c) CONSIDERATION.— 

16 (1) IN GENERAL.—As consideration for the con17 veyance under subsection (b)— 

18 (A) the City shall convey to the United 

19 States all right, title, and interest in and to the 

20 City land; and 

21 (B) the EDC shall construct a facility and 

22 parking lot acceptable to the Commandant of 

23 the Coast Guard. 

24 (2) EQUALIZATION PAYMENT OPTION.— 


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1 (A) IN GENERAL.—The Commandant may, 

2 upon the agreement of the City and the EDC, 

3 waive the requirement to construct a facility 

4 and parking lot under paragraph (1)(B) and ac5 cept in lieu thereof an equalization payment 

6 from the City equal to the difference between 

7 the value, as determined by the Administrator 

8 at the time of transfer, of the Federal land and 

9 the City land. 

10 (B) AVAILABILITY OF FUNDS.—Any 

11 amounts received pursuant to subparagraph (A) 

12 shall be available to the Commandant, without 

13 further appropriation and until expended, to 

14 construct, expand, or improve facilities related 

15 to Sector Detroit’s aids to navigation or vessel 

16 maintenance. 

17 (d) CONDITIONS OF EXCHANGE.— 

18 (1) COVENANTS.—All conditions placed within 

19 the deeds of title shall be construed as covenants 

20 running with the land. 

21 (2) AUTHORITY TO ACCEPT QUITCLAIM

22 DEED.—The Commandant may accept a quitclaim 

23 deed for the City land and may convey the Federal 

24 land by quitclaim deed. 


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1 (3) ENVIRONMENTAL REMEDIATION.—Prior to 

2 the time of the exchange, the Coast Guard and the 

3 EDC shall remediate any and all contaminants exist4 ing on their respective properties to levels required 

5 by applicable State and Federal law. The Com6 mandant and, as a condition of the exchange, the 

7 EDC shall make available for review and inspection 

8 any record relating to hazardous materials on the 

9 land to be exchanged under this section. The costs 

10 of remedial actions relating to hazardous materials 

11 on exchanged land shall be paid by those entities re12 sponsible for costs under applicable law. 

13 (e) AUTHORITY TO ENTER INTO LICENSE OR

14 LEASE.—The Commandant may enter into a license or 

15 lease agreement with the Detroit Riverfront Conservancy 

16 for the use of a portion of the Federal land for the Detroit 

17 Riverfront Walk. Such license or lease shall be at no cost 

18 to the City and upon such other terms that are acceptable 

19 to the Commandant, and shall terminate upon the comple20 tion of the exchange authorized by this section, or the date 

21 specified in subsection (h), whichever occurs earlier. 

22 (f) MAP AND LEGAL DESCRIPTIONS OF LAND.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the Commandant 

25 shall file with the Committee on Commerce, Science 


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1 and Transportation of the Senate and the Com2 mittee on Transportation and Infrastructure of the 

3 House of Representatives the maps, entitled 

4 ‘‘Atwater Street Land Exchange Maps’’, which de5 pict the Federal land and the City lands and provide 

6 a legal description of each property to be exchanged. 

7 (2) FORCE OF LAW.—The maps and legal de8 scriptions filed under paragraph (1) shall have the 

9 same force and effect as if included in this Act, ex10 cept that the Commandant may correct typo11 graphical errors in the maps and each legal descrip12 tion. 

13 (3) PUBLIC AVAILABILITY.—Each map and 

14 legal description filed under paragraph (1) shall be 

15 on file and available for public inspection in the ap16 propriate offices of the Coast Guard and the City. 

17 (g) ADDITIONAL TERMS AND CONDITIONS.—The 

18 Commandant may require such additional terms and con19 ditions in connection with the exchange under this section 

20 as the Commandant considers appropriate to protect the 

21 interests of the United States. 

22 (h) EXPIRATION OF AUTHORITY TO CONVEY.—The 

23 authority to enter into the exchange authorized by this 

24 section shall expire three years after the date of enactment 

25 of this Act. 


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1 SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE 

2 MISSILE SITE, GROSSE ILE, MICHIGAN. 

3 (a) TRANSFER.—Administrative jurisdiction over the 

4 property described in subsection (b) is hereby transferred 

5 from the Administrator of the Environmental Protection 

6 Agency to the Secretary of the Interior. 

7 (b) PROPERTY DESCRIBED.—The property referred 

8 to in subsection (a) is the former Nike missile site located 

9 at the southern end of Grosse Ile, Michigan, as depicted 

10 on the map entitled ‘‘07–CE’’ on file with the Environ11 mental Protection Agency and dated May 16, 1984. 

12 (c) ADMINISTRATION OF PROPERTY.—Subject to 

13 subsection (d), the Secretary of the Interior shall admin14 ister the property described in subsection (b)— 

15 (1) acting through the United States Fish and 

16 Wildlife Service; 

17 (2) as part of the Detroit River International 

18 Wildlife Refuge; and 

19 (3) for use as a habitat for fish and wildlife and 

20 as a recreational property for outdoor education and 

21 environmental appreciation. 

22 (d) MANAGEMENT OF REMEDIATION.—The Sec23 retary of Defense, acting through the Army Corps of En24 gineers, shall manage and carry out environmental remedi25 ation activities with respect to the property described in 

26 subsection (b) that, at a minimum, achieve the standard 


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1 sufficient to allow the property to be used as provided in 

2 subsection (c)(3). Such remediation activities, with the ex3 ception of long-term monitoring, shall be completed to 

4 achieve that standard not later than two years after the 

5 date of the enactment of this Act. The Secretary of De6 fense may use amounts made available from the account 

7 established by section 2703(a)(5) of title 10, United 

8 States Code, to carry out such remediation. 

9 (e) SAVINGS PROVISION.—Nothing in this section 

10 shall be construed to affect or limit the application of, or 

11 any obligation to comply with, any environmental law, in12 cluding the Comprehensive Environmental Response, 

13 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

14 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

15 et seq.). 

16 SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHOR17 ITY, FORT BRAGG, NORTH CAROLINA. 

18 (a) REQUIREMENT TO CONVEY TRACT NO. 404–1 

19 PROPERTY WITHOUT CONSIDERATION.—Section 2836 of 

20 the Military Construction Authorization Act for Fiscal 

21 Year 1998 (division B of Public Law 105–85; 111 Stat. 

22 2005) is amended— 

23 (1) in subsection (a)(3), by striking ‘‘at fair 

24 market value’’ and inserting ‘‘without consider25 ation’’; 


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1 (2) in subsection (b), by striking paragraph (2) 

2 and inserting the following new paragraph: 

3 ‘‘(2) The conveyances under paragraphs (2) and (3) 

4 of subsection (a) shall be subject to the condition that the 

5 County develop and use the conveyed properties for edu6 cational purposes and the construction of public school 

7 structures.’’; and 

8 (3) in subsection (c), by striking paragraph (2) 

9 and inserting the following new paragraph: 

10 ‘‘(2) If the Secretary determines at any time that the 

11 real property conveyed under paragraph (2) or paragraph 

12 (3) of subsection (a) is not being used in accordance with 

13 subsection (b)(2), all right, title, and interest in and to 

14 the property conveyed under such paragraph, including 

15 any improvements thereon, shall revert, at the option of 

16 the Secretary, to the United States, and the United States 

17 shall have the right of immediate entry thereon.’’. 

18 (b) PAYMENT OF COSTS OF CONVEYANCE.—Such 

19 section is further amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(f) PAYMENT OF COSTS OF CONVEYANCE OF TRACT

22 NO. 404–1 PROPERTY.— 

23 ‘‘(1) PAYMENT REQUIRED.—The Secretary 

24 shall require the County to cover costs to be in25 curred by the Secretary, or to reimburse the SecVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01398 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 retary for costs incurred by the Secretary, to carry 

2 out the conveyance under subsection (a)(3), includ3 ing survey costs, costs related to environmental doc4 umentation, and other administrative costs related 

5 to the conveyance. If amounts are collected from the 

6 County in advance of the Secretary incurring the ac7 tual costs, and the amount collected exceeds the 

8 costs actually incurred by the Secretary to carry out 

9 the conveyance, the Secretary shall refund the excess 

10 amount to the County. 

11 ‘‘(2) TREATMENT OF AMOUNTS RECEIVED.— 

12 Amounts received as reimbursement under para13 graph (1) shall be credited to the fund or account 

14 that was used to cover the costs incurred by the Sec15 retary in carrying out the conveyance. Amounts so 

16 credited shall be merged with amounts in such fund 

17 or account, and shall be available for the same pur18 poses, and subject to the same conditions and limita19 tions, as amounts in such fund or account.’’. 

20 SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED 

21 STATES ARMY RESERVE CENTER, BISMARCK, 

22 NORTH DAKOTA. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

24 the Army may convey, without consideration, to the 

25 United Tribes Technical College all right, title, and interVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01399 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 est of the United States in and to a parcel of real property, 

2 including improvements thereon, consisting of approxi3 mately 2 acres located at the Lewis and Clark United 

4 States Army Reserve Center, 3319 University Drive, Bis5 marck, North Dakota, for the purpose of supporting edu6 cation at the United Tribes Technical College. 

7 (b) REVERSIONARY INTEREST.— 

8 (1) IN GENERAL.—Subject to paragraph (2), if 

9 the Secretary determines at any time that the real 

10 property conveyed under subsection (a) is not being 

11 used in accordance with the purposes of the convey12 ance specified in such subsection, all right, title, and 

13 interest in and to the property shall revert, at the 

14 option of the Secretary, to the United States, and 

15 the United States shall have the right of immediate 

16 entry onto the property. Any determination of the 

17 Secretary under this subsection shall be made on the 

18 record after an opportunity for a hearing. 

19 (2) EXPIRATION.—The reversionary interest 

20 under paragraph (1) shall expire upon satisfaction of 

21 the following conditions: 

22 (A) The real property conveyed under sub23 section (a) is used in accordance with the pur24 poses of the conveyance specified in such subVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01400 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 section for a period of not less than 30 years 

2 following the date of the conveyance. 

3 (B) After the end of period specified in 

4 subparagraph (A), the United Tribes Technical 

5 College applies to the Secretary for the release 

6 of the reversionary interest. 

7 (C) The Secretary certifies, in a manner 

8 that can be filed with the appropriate land rec9 ordation office, that the condition under sub10 paragraph (A) has been satisfied. 

11 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

12 (1) PAYMENT REQUIRED.—The Secretary shall 

13 require the United Tribes Technical College to cover 

14 costs to be incurred by the Secretary, or to reim15 burse the Secretary for costs incurred by the Sec16 retary, to carry out the conveyance under subsection 

17 (a), including survey costs, costs related to environ18 mental documentation, and other administrative 

19 costs related to the conveyance. If amounts are col20 lected from the United Tribes Technical College in 

21 advance of the Secretary incurring the actual costs, 

22 and the amount collected exceeds the costs actually 

23 incurred by the Secretary to carry out the convey24 ance, the Secretary shall refund the excess amount 

25 to the United Tribes Technical College. 


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1 (2) TREATMENT OF AMOUNTS RECEIVED.— 

2 Amounts received as reimbursements under para3 graph (1) shall be credited to the fund or account 

4 that was used to cover the costs incurred by the Sec5 retary in carrying out the conveyance. Amounts so 

6 credited shall be merged with amounts in such fund 

7 or account and shall be available for the same pur8 poses, and subject to the same conditions and limita9 tions, as amounts in such fund or account. 

10 (d) DESCRIPTION OF REAL PROPERTY.—The exact 

11 acreage and legal description of the real property to be 

12 conveyed under subsection (a) shall be determined by a 

13 survey satisfactory to the Secretary. 

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

15 Secretary may require such additional terms and condi16 tions in connection with the conveyance under subsection 

17 (a) as the Secretary considers appropriate to protect the 

18 interests of the United States. 

19 SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS. 

20 (a) EXCHANGE AUTHORIZED.—The Secretary of the 

21 Army may convey to the City of Copperas Cove, Texas 

22 (in this section referred to as the ‘‘City’’), all right, title, 

23 and interest of the United States in and to a parcel of 

24 real property, including any improvements thereon, con25 sisting of approximately 200 acres at Fort Hood, Texas, 


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1 for the purpose of permitting the City to improve arterial 

2 transportation routes in the community. 

3 (b) CONSIDERATION.—As consideration for the con4 veyance under subsection (a), the City shall convey to the 

5 Secretary all right, title, and interest of the City in and 

6 to one or more parcels of real property that are acceptable 

7 to the Secretary. The fair market value of the real prop8 erty acquired by the Secretary under this subsection shall 

9 be at least equal to the fair market value of the real prop10 erty conveyed under subsection (a), as determined by ap11 praisals acceptable to the Secretary. 

12 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the real property to be exchanged 

14 under this section shall be determined by surveys satisfac15 tory to the Secretary. 

16 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

17 (1) PAYMENT REQUIRED.—The Secretary shall 

18 require the City to cover costs to be incurred by the 

19 Secretary, or to reimburse the Secretary for costs in20 curred by the Secretary, to carry out the convey21 ances under this section, including survey costs re22 lated to the conveyances. If amounts are collected 

23 from the City in advance of the Secretary incurring 

24 the actual costs, and the amount collected exceeds 

25 the costs actually incurred by the Secretary to carry 


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1 out the conveyances, the Secretary shall refund the 

2 excess amount to the City. 

3 (2) TREATMENT OF AMOUNTS RECEIVED.— 

4 Amounts received under paragraph (1) as reim5 bursement for costs incurred by the Secretary to 

6 carry out the conveyances under this section shall be 

7 credited to the fund or account that was used to 

8 cover the costs incurred by the Secretary in carrying 

9 out the conveyances. Amounts so credited shall be 

10 merged with amounts in such fund or account and 

11 shall be available for the same purposes, and subject 

12 to the same conditions and limitations, as amounts 

13 in such fund or account. 

14 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions 

16 in connection with the conveyances under this section as 

17 the Secretary considers appropriate to protect the inter18 ests of the United States. 

19 Subtitle D—Energy Security 

20 SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION RE21 QUIREMENT REGARDING CANCELLATION 

22 CEILING FOR DEPARTMENT OF DEFENSE EN23 ERGY SAVINGS PERFORMANCE CONTRACTS. 

24 Section 2913 of title 10, United States Code, is 

25 amended by striking subsection (e). 


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1 SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE. 

2 Section 301(3) of the Energy Policy Act of 1992 (42 

3 U.S.C. 13211(3)) is amended— 

4 (1) by striking ‘‘(3) the term’’ and inserting the 

5 following: 

6 ‘‘(3) ALTERNATIVE FUELED VEHICLE.— 

7 ‘‘(A) IN GENERAL.—The term’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(B) INCLUSIONS.—The term ‘alternative 

10 fueled vehicle’ includes— 

11 ‘‘(i) a new qualified fuel cell motor ve12 hicle (as defined in section 30B(b)(3) of 

13 the Internal Revenue Code of 1986); 

14 ‘‘(ii) a new advanced lean burn tech15 nology motor vehicle (as defined in section 

16 30B(c)(3) of that Code); 

17 ‘‘(iii) a new qualified hybrid motor ve18 hicle (as defined in section 30B(d)(3) of 

19 that Code); and 

20 ‘‘(iv) any other type of vehicle that 

21 the Administrator demonstrates to the Sec22 retary would achieve a significant reduc23 tion in petroleum consumption.’’. 


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1 SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES 

2 AND BULBS IN DEPARTMENT OF DEFENSE 

3 FACILITIES. 

4 (a) CONSTRUCTION AND ALTERATION OF BUILD5 INGS.—Each building constructed or significantly altered 

6 by the Secretary of Defense or the Secretary of a military 

7 department shall be equipped, to the maximum extent fea8 sible as determined by the Secretary concerned, with light9 ing fixtures and bulbs that are energy efficient. 

10 (b) MAINTENANCE OF BUILDINGS.—Each lighting 

11 fixture or bulb that is replaced in the normal course of 

12 maintenance of buildings under the jurisdiction of the Sec13 retary of Defense or the Secretary of a military depart14 ment shall be replaced, to the maximum extent feasible 

15 as determined by the Secretary concerned, with a lighting 

16 fixture or bulb that is energy efficient. 

17 (c) CONSIDERATIONS.—In making a determination 

18 under this section concerning the feasibility of installing 

19 a lighting fixture or bulb that is energy efficient, the Sec20 retary of Defense or the Secretary of a military depart21 ment shall consider— 

22 (1) the life cycle cost effectiveness of the fixture 

23 or bulb; 

24 (2) the compatibility of the fixture or bulb with 

25 existing equipment; 


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1 (3) whether use of the fixture or bulb could re2 sult in interference with productivity; 

3 (4) the aesthetics relating to use of the fixture 

4 or bulb; and 

5 (5) such other factors as the Secretary con6 cerned determines appropriate. 

7 (d) ENERGY STAR.—A lighting fixture or bulb shall 

8 be treated as being energy efficient for purposes of this 

9 section if— 

10 (1) the fixture or bulb is certified under the En11 ergy Star program established by section 324A of 

12 the Energy Policy and Conservation Act (42 U.S.C. 

13 6294a); or 

14 (2) the Secretary of Defense or the Secretary of 

15 a military department has otherwise determined that 

16 the fixture or bulb is energy efficient. 

17 (e) SIGNIFICANT ALTERATIONS.—A building shall be 

18 treated as being significantly altered for purposes of sub19 section (a) if the alteration is subject to congressional au20 thorization under section 2802 of title 10, United States 

21 Code. 

22 (f) WAIVER AUTHORITY.—The Secretary of Defense 

23 may waive the requirements of this section if the Secretary 

24 determines that such a waiver is necessary to protect the 

25 national security interests of the United States. 


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1 (g) EFFECTIVE DATE.—The requirements of sub2 sections (a) and (b) shall take effect one year after the 

3 date of the enactment of this Act. 

4 SEC. 2864. REPORTING REQUIREMENTS RELATING TO RE5 NEWABLE ENERGY USE BY DEPARTMENT OF 

6 DEFENSE TO MEET DEPARTMENT ELEC7 TRICITY NEEDS. 

8 (a) INITIAL REPORT.—Not later than 120 days after 

9 the date of the enactment of this Act, the Under Secretary 

10 of Defense for Acquisition, Technology, and Logistics shall 

11 submit to the congressional defense committees a report 

12 containing the following information: 

13 (1) The extent to which energy from renewable 

14 energy sources is used to meet the electricity needs 

15 of the Department of Defense, to be stated as a per16 centage of total facility electricity use for the pre17 vious fiscal year. 

18 (2) The extent to which energy from renewable 

19 energy sources was procured through alternative fi20 nancing methods, to be stated as a percentage of 

21 total renewable energy procurement and as a dollar 

22 amount for the previous fiscal year. 

23 (3) The extent to which energy from renewable 

24 energy sources was procured through the use of ap25 propriated funds, to be stated as a percentage of 


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1 total renewable energy procurement and as a dollar 

2 amount for the previous fiscal year. 

3 (4) A graphical illustration of energy use from 

4 renewable energy sources by the Department as a 

5 percentage of total facility electricity use over time, 

6 starting no later than fiscal year 2000 and running 

7 through fiscal year 2025, including projected future 

8 trends in renewable energy consumption through fis9 cal year 2025 in order to meet the goals for renew10 able energy set forth in section 2911(e) of title 10, 

11 United States Code, or other goals, as appropriate. 

12 (b) SUBSEQUENT REPORTS.—For fiscal year 2008 

13 and each fiscal year thereafter, the information required 

14 by paragraphs (1) through (4) of subsection (a) shall be 

15 included in the Annual Energy Management Report pre16 pared by the Under Secretary of Defense for Acquisition, 

17 Technology, and Logistics. 

18 (c) RENEWABLE ENERGY SOURCES DEFINED.—In 

19 this section, the term ‘‘renewable energy sources’’ has the 

20 meaning given that term in section 203(b) of the Energy 

21 Policy Act of 2005 (42 U.S.C. 15852(b)). 


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1 Subtitle E—Other Matters 

2 SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLING3 TON NAVAL ANNEX TO ARLINGTON NA4 TIONAL CEMETERY. 

5 Subsection (h) of section 2881 of the Military Con6 struction Authorization Act for Fiscal Year 2000 (division 

7 B of Public Law 106–65; 113 Stat. 879), as amended by 

8 section 2863 of the Military Construction Authorization 

9 Act for Fiscal Year 2002 (division B of Public Law 107– 

10 107; 115 Stat. 1330), section 2851 of the Military Con11 struction Authorization Act for Fiscal Year 2003 (division 

12 B of Public Law 107–314; 116 Stat. 2726), and section 

13 2881 of the Military Construction Authorization Act for 

14 Fiscal Year 2005 (division B of Public Law 108–375; 115 

15 Stat. 2153), is further amended by striking paragraphs 

16 (1) and (2) and inserting the following new paragraphs: 

17 ‘‘(1) January 1, 2011; 

18 ‘‘(2) the date on which the Navy Annex prop19 erty is no longer required (as determined by the Sec20 retary of Defense) for use as temporary office space; 

21 or 

22 ‘‘(3) one year after the date on which the Sec23 retary of the Army notifies the Secretary of Defense 

24 that the Navy Annex property is needed for the ex25 pansion of Arlington National Cemetery.’’. 


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1 SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE 

2 MEMORIAL TO DEPARTMENT OF THE AIR 

3 FORCE. 

4 (a) TRANSFER OF JURISDICTION.—Notwithstanding 

5 section 2881 of the Military Construction Authorization 

6 Act for Fiscal Year 2000 (division B of Public Law 106– 

7 65; 113 Stat. 879) and section 2863 of the Military Con8 struction Authorization Act for Fiscal Year 2002 (division 

9 B of Public Law 107–107; 115 Stat. 1330; 40 U.S.C. 

10 1003 note), the Secretary of the Army may transfer ad11 ministrative jurisdiction, custody, and control of the parcel 

12 of Federal land described in subsection (b)(1) of such sec13 tion 2863 to the Secretary of the Air Force. 

14 (b) LIMITATION ON PAYMENT OF EXPENSES.—If the 

15 Air Force Memorial is transferred to the Secretary of the 

16 Air Force as authorized by subsection (a), the United 

17 States shall not pay any costs incurred for the mainte18 nance and repair of the Air Force Memorial. 

19 SEC. 2873. REPORT ON PLANS TO REPLACE THE MONU20 MENT AT THE TOMB OF THE UNKNOWNS AT 

21 ARLINGTON NATIONAL CEMETERY, VIRGINIA. 

22 (a) REPORT REQUIRED.—Not later than 180 days 

23 after the date of the enactment of this Act, the Secretary 

24 of the Army and the Secretary of Veterans Affairs shall 

25 jointly submit to Congress a report setting forth the fol26 lowing: 


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1 (1) The current plans of the Secretaries with 

2 respect to— 

3 (A) replacing the monument at the Tomb 

4 of the Unknowns at Arlington National Ceme5 tery, Virginia; and 

6 (B) disposing of the current monument at 

7 the Tomb of the Unknowns, if it were removed 

8 and replaced. 

9 (2) An assessment of the feasibility and advis10 ability of repairing the monument at the Tomb of 

11 the Unknowns rather than replacing it. 

12 (3) A description of the current efforts of the 

13 Secretaries to maintain and preserve the monument 

14 at the Tomb of the Unknowns. 

15 (4) An explanation of why no attempt has been 

16 made since 1989 to repair the monument at the 

17 Tomb of the Unknowns. 

18 (5) A comprehensive estimate of the cost of re19 placement of the monument at the Tomb of the Un20 knowns and the cost of repairing such monument. 

21 (6) An assessment of the structural integrity of 

22 the monument at the Tomb of the Unknowns. 

23 (b) LIMITATION ON ACTION.—The Secretary of the 

24 Army and the Secretary of Veterans Affairs may not take 

25 any action to replace the monument at the Tomb of the 


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1 Unknowns at Arlington National Cemetery, Virginia, until 

2 180 days after the date of the receipt by Congress of the 

3 report required by subsection (a). 

4 (c) EXCEPTION.—The limitation in subsection (b) 

5 shall not prevent the Secretary of the Army or the Sec6 retary of Veterans Affairs from repairing the current 

7 monument at the Tomb of the Unknowns or from acquir8 ing any blocks of marble for uses related to such monu9 ment, subject to the availability of appropriations for those 

10 purposes. 

11 SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORA12 TION, AND PRESERVATION OF LAFAYETTE 

13 ESCADRILLE MEMORIAL, MARNES-LA-CO14 QUETTE, FRANCE. 

15 Section 1065 of the National Defense Authorization 

16 Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

17 1233) is amended— 

18 (1) in subsection (a)(2), by striking 

19 ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and 

20 (2) in subsection (e), by striking ‘‘under section 

21 301(a)(4)’’. 

22 SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTEC23 TION PROJECT. 

24 Section 2866 of the Military Construction Authoriza25 tion Act for Fiscal Year 2007 (division B of Public Law 


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1 109–364; 120 Stat. 2499) is amended by adding at the 

2 end the following new subsection: 

3 ‘‘(d) WOONSOCKET LOCAL PROTECTION PROJECT.— 

4 ‘‘(1) ASSUMPTION OF RESPONSIBILITY.—The 

5 Secretary of the Army, acting through the Chief of 

6 Engineers, shall assume responsibility for the annual 

7 operation and maintenance of the Woonsocket local 

8 protection project authorized by section 10 of the 

9 Act of December 22, 1944 (commonly known as the 

10 Flood Control Act of 1944; 58 Stat. 892, chapter 

11 665), including by acquiring, in accordance with 

12 paragraph (2), any interest of the city of 

13 Woonsocket, Rhode Island, in and to land and struc14 tures required for the continued operation and main15 tenance, repair, replacement, rehabilitation, and 

16 structural integrity of the project, as identified by 

17 the city, in coordination with the Secretary. 

18 ‘‘(2) ACQUISITION.—As a condition on the Sec19 retary’s assumption of responsibility for the 

20 Woonsocket local protection project under paragraph 

21 (1), the city of Woonsocket shall convey, not later 

22 than one year after the date of the enactment of the 

23 National Defense Authorization Act for Fiscal Year 

24 2008, to the Secretary of the Army, by quitclaim 

25 deed and without consideration, all right, title, and 


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1 interest of the city in and to the Woonsocket local 

2 protection project, including any interest of the city 

3 in and to land and structures required for the con4 tinued operation and maintenance, repair, replace5 ment, rehabilitation, and structural integrity of the 

6 project, as identified by the city.’’. 

7 SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS 

8 AT FORT BUCHANAN, PUERTO RICO. 

9 Section 1507 of the Floyd D. Spence National De10 fense Authorization Act for Fiscal Year 2001 (as enacted 

11 into law by Public Law 106–398; 114 Stat. 1654A–355) 

12 is repealed. 

13 SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORK14 ING DOG TEAMS MONUMENT ON SUITABLE 

15 MILITARY INSTALLATION. 

16 (a) AUTHORITY TO ESTABLISH MONUMENT.—The 

17 Secretary of Defense may permit the National War Dogs 

18 Monument, Inc., to establish and maintain, at a suitable 

19 location at Fort Belvoir, Virginia, or another military in20 stallation in the United States, a national monument to 

21 honor the sacrifice and service of United States Armed 

22 Forces working dog teams that have participated in the 

23 military operations of the United States. 

24 (b) LOCATION AND DESIGN OF MONUMENT.—The 

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1 ized by subsection (a) shall be subject to the approval of 

2 the Secretary. In selecting the military installation and 

3 site on such installation to serve as the location for the 

4 monument, the Secretary shall seek to maximize access 

5 to the resulting monument for both visitors and their dogs. 

6 (c) MAINTENANCE.—The maintenance of the monu7 ment authorized by subsection (a) by the National War 

8 Dogs Monument, Inc., shall be subject to such conditions 

9 regarding access to the monument, and such other condi10 tions, as the Secretary considers appropriate to protect the 

11 interests of the United States. 

12 (d) LIMITATION ON PAYMENT OF EXPENSES.—The 

13 United States Government shall not pay any expense for 

14 the establishment or maintenance of the monument au15 thorized by subsection (a). 

16 SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MIS17 SILES FROM 564TH MISSILE SQUADRON. 

18 (a) REPORT REQUIRED.—The Secretary of Defense 

19 shall submit to the congressional defense committees a re20 port on the feasibility of establishing an association be21 tween the 120th Fighter Wing of the Montana Air Na22 tional Guard and active duty personnel stationed at 

23 Malmstrom Air Force Base, Montana. In preparing the 

24 report, the Secretary shall include the following evalua25 tions: 


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1 (1) An evaluation of the requirement of the Air 

2 Force for additional F–15 aircraft active or reserve 

3 component force structure. 

4 (2) An evaluation of the airspace training op5 portunities in the immediate airspace around Great 

6 Falls International Airport Air Guard Station. 

7 (3) An evaluation of the impact of civilian oper8 ations on military operations at Great Falls Inter9 national Airport. 

10 (4) An evaluation of the level of civilian en11 croachment on the facilities and airspace of the 

12 120th Fighter Wing. 

13 (5) An evaluation of the support structure 

14 available, including active military bases nearby. 

15 (6) An evaluation of opportunities for additional 

16 association between the Montana National Guard 

17 and the 341st Space Wing. 

18 (b) LIMITATION ON REMOVAL PENDING REPORT.— 

19 Not more than 40 missiles may be removed from the 

20 564th Missile Squadron until 15 days after the report re21 quired in subsection (a) has been submitted. 


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1 SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JU2 RISDICTION OF DEPARTMENT OF DEFENSE 

3 EDUCATION ACTIVITY. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2008, the Secretary of Defense shall submit to the con6 gressional defense committees a report on the conditions 

7 of schools under the jurisdiction of the Department of De8 fense Education Activity. 

9 (b) CONTENT.—The report required under subsection 

10 (a) shall include the following: 

11 (1) A description of each school under the con12 trol of the Secretary, including the location, year 

13 constructed, grades of attending children, maximum 

14 capacity, and current capacity of the school. 

15 (2) A description of the standards and proc16 esses used by the Secretary to assess the adequacy 

17 of the size of school facilities, the ability of facilities 

18 to support school programs, and the current condi19 tion of facilities. 

20 (3) A description of the conditions of the facil21 ity or facilities at each school, including the level of 

22 compliance with the standards described in para23 graph (2), any existing or projected facility defi24 ciencies or inadequate conditions at each facility, 

25 and whether any of the facilities listed are tem26 porary structures. 


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1 (4) An investment strategy planned for each 

2 school to correct deficiencies identified in paragraph 

3 (3), including a description of each project to correct 

4 such deficiencies, cost estimates, and timelines to 

5 complete each project. 

6 (5) A description of requirements for new 

7 schools to be constructed over the next 10 years as 

8 a result of changes to the population of military per9 sonnel. 

10 (c) USE OF REPORT AS MASTER PLAN FOR REPAIR, 

11 UPGRADE, AND CONSTRUCTION OF SCHOOLS.—The Sec12 retary shall use the report required under subsection (a) 

13 as a master plan for the repair, upgrade, and construction 

14 of schools in the Department of Defense system that sup15 port dependents of members of the Armed Forces and ci16 vilian employees of the Department of Defense. 

17 SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF 

18 DARNALL ARMY MEDICAL CENTER, FORT 

19 HOOD MILITARY RESERVATION, TEXAS. 

20 (a) IN GENERAL.—Not later than 120 days after the 

21 date of the enactment of this Act, the Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port assessing the facilities and operations of the Darnall 

24 Army Medical Center at Fort Hood Military Reservation, 

25 Texas. 


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1 (b) CONTENT.—The report required under subsection 

2 (a) shall include the following: 

3 (1) A specific determination of whether the fa4 cilities currently housing Darnall Army Medical Cen5 ter meet Department of Defense standards for Army 

6 medical centers. 

7 (2) A specific determination of whether the ex8 isting facilities adequately support the operations of 

9 Darnall Army Medical Center, including the mis10 sions of medical treatment, medical hold, medical 

11 holdover, and Warriors in Transition. 

12 (3) A specific determination of whether the ex13 isting facilities provide adequate physical space for 

14 the number of personnel that would be required for 

15 Darnall Army Medical Center to function as a full16 sized Army medical center. 

17 (4) A specific determination of whether the cur18 rent levels of medical and medical-related personnel 

19 at Darnall Army Medical Center are adequate to 

20 support the operations of a full-sized Army medical 

21 center. 

22 (5) A specific determination of whether the cur23 rent levels of graduate medical education and med24 ical residency programs currently in place at Darnall 


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1 Army Medical Center are adequate to support the 

2 operations of a full-sized Army medical center. 

3 (6) A description of any and all deficiencies 

4 identified by the Secretary. 

5 (7) A proposed investment plan and timeline to 

6 correct such deficiencies. 

7 SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A 

8 REGIONAL DISASTER RESPONSE CENTER AT 

9 KELLY AIR FIELD, SAN ANTONIO, TEXAS. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) The Federal response to Hurricane Katrina 

13 demonstrated the need for greater coordination and 

14 planning capability at the Federal, State, and local 

15 levels of government. 

16 (2) Coordination of State and local assets can 

17 be more effectively accomplished if such assets are 

18 organized on a regional basis similar to the manner 

19 in which the Federal Emergency Management Agen20 cy organizes its efforts. 

21 (3) Despite the obvious need for experienced 

22 and routinely exercised operational headquarters 

23 skilled in disaster response, no such headquarters 

24 have been established. 


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1 (4) Such a headquarters would be appropriately 

2 located on available Federal property in Region VI 

3 of the Federal Emergency Management Agency, 

4 which includes Texas, Louisiana, Oklahoma, Arkan5 sas, and New Mexico, and is a region subject to for6 est fires, floods, hurricanes, and tornadoes. 

7 (b) REPORT REQUIRED.—Not later than March 31, 

8 2008, the Secretary of Defense, in coordination with the 

9 Secretary of Homeland Security, shall submit to Congress 

10 a report on the feasibility of establishing at Kelly Air Field 

11 in San Antonio, Texas, a permanent, regionally oriented 

12 disaster response center responsible for planning, coordi13 nating, and directing the Federal, State, and local re14 sponse to man-made and natural disasters that occur in 

15 Region VI of the Federal Emergency Management Agen16 cy. 

17 (c) CONTENT.—The report required under subsection 

18 (b) shall include the following: 

19 (1) A determination of how the regional dis20 aster response center, if established at Kelly Air 

21 Field, would organize and leverage capabilities of the 

22 following currently co-located organizations, facili23 ties, and forces located in San Antonio, Texas: 

24 (A) Lackland Air Force Base. 

25 (B) Fort Sam Houston. 


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1 (C) Brooke Army Medical Center. 

2 (D) Wilford Hall Medical Center. 

3 (E) City of San Antonio/Bexar County 

4 Emergency Operations Center. 

5 (F) Audie Murphy Veterans Administra6 tion Medical Center. 

7 (G) 433rd Airlift Wing C–5 Heavy Lift 

8 Aircraft. 

9 (H) 149 Fighter Wing and Texas Air Na10 tional Guard F–16 fighter aircraft. 

11 (I) Army Northern Command. 

12 (J) The three level 1 trauma centers of the 

13 National Trauma Institute. 

14 (K) Texas Medical Rangers. 

15 (L) San Antonio Metro Health Depart16 ment. 

17 (M) The University of Texas Health 

18 Science Center at San Antonio. 

19 (N) The Air Intelligence Surveillance and 

20 Reconnaissance Agency at Lackland Air Force 

21 Base. 

22 (O) The United States Air Force Security 

23 Police Training Department at Lackland Air 

24 Force Base. 


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1 (P) The large manpower pools and blood 

2 donor pools from the more than 6,000 trainees 

3 at Lackland Air Force Base. 

4 (2) A determination of the number of military 

5 and civilian personnel who would have to be mobi6 lized to run the logistics, planning, and maintenance 

7 of the regional disaster response center, if estab8 lished at Kelly Air Field, during a time of disaster 

9 recovery. 

10 (3) A determination of the number of military 

11 and civilian personnel who would be required to run 

12 the logistics, planning, and maintenance of the re13 gional disaster response center during a time when 

14 no disaster is occurring. 

15 (4) A determination of the cost of improving 

16 the current infrastructure at Kelly Air Field to meet 

17 the needs of displaced victims of a disaster equiva18 lent to that of Hurricanes Katrina and Rita or a 

19 natural or man-made disaster of similar scope, in20 cluding adequate beds, food stores, and decon21 tamination stations to triage radiation or other 

22 chemical or biological agent contamination victims. 

23 (5) An evaluation of the current capability of 

24 the Department of Defense and the Department of 

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1 quirements and an assessment of any additional ca2 pabilities that are required. 

3 (6) An assessment of the costs and benefits of 

4 adding such capabilities at Kelly Air Field to the 

5 costs and benefits of other locations. 

6 SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CAR7 SON, COLORADO, IN HONOR OF THE HONOR8 ABLE JOEL HEFLEY, A FORMER MEMBER OF 

9 THE UNITED STATES HOUSE OF REPRESENT10 ATIVES. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) Representative Joel Hefley was elected to 

14 represent Colorado’s 5th Congressional district in 

15 1986 and served in the House of Representatives 

16 until the end of the 109th Congress in 2007 with 

17 distinction, class, integrity, and honor. 

18 (2) Representative Hefley served on the Com19 mittee on Armed Services of the House of Rep20 resentatives for 18 years, including service as Chair21 man of the Subcommittee on Military Installations 

22 and Facilities from 1995 through 2000 and, from 

23 2001 until 2007, as Chairman of the Subcommittee 

24 on Readiness. 


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1 (3) Representative Hefley was a fair and effec2 tive lawmaker who worked for the national interest 

3 while never forgetting his Western roots. 

4 (4) Representative Hefley’s efforts on the Com5 mittee on Armed Services were instrumental to the 

6 military value of, and quality of life at, installations 

7 in the State of Colorado, including Fort Carson, 

8 Cheyenne Mountain, Peterson Air Force Base, 

9 Schriever Air Force Base, Buckley Air Force Base, 

10 and the United States Air Force Academy. 

11 (5) Representative Hefley was a leader in ef12 forts to retain and expand Fort Carson as an essen13 tial part of the national defense system during the 

14 Defense Base Closure and Realignment process. 

15 (6) Representative Hefley consistently advo16 cated for providing members of the Armed Forces 

17 and their families with quality, safe, and affordable 

18 housing and supportive communities. 

19 (7) Representative Hefley spearheaded the Mili20 tary Housing Privatization Initiative to eliminate in21 adequate housing on military installations, with the 

22 first pilot program located at Fort Carson. 

23 (8) Representative Hefley’s leadership on the 

24 Military Housing Privatization Initiative allowed for 

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1 tary family housing, which brought meaningful im2 provements to living conditions for thousands of 

3 members of the Armed Forces and their spouses and 

4 children at installations throughout the United 

5 States. 

6 (9) It is fitting and proper that an appropriate 

7 military family housing area or structure at Fort 

8 Carson be designated in honor of Representative 

9 Hefley. 

10 (b) DESIGNATION.—Notwithstanding Army Regula11 tion AR 1–33, the Secretary of the Army shall designate 

12 one of the military family housing areas or facilities con13 structed for Fort Carson, Colorado, using the authority 

14 provided by subchapter IV of chapter 169 of title 10, 

15 United States Code, as the ‘‘Joel Hefley Village’’. 

16 SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE 

17 CENTER AT ROCK ISLAND, ILLINOIS, IN 

18 HONOR OF THE HONORABLE LANE EVANS, A 

19 FORMER MEMBER OF THE UNITED STATES 

20 HOUSE OF REPRESENTATIVES. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Representative Lane Evans was elected to 

24 the House of Representatives in 1982 and served in 

25 the House of Representatives until the end of the 


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1 109th Congress in 2007 representing the people of 

2 Illinois’ 17th Congressional district. 

3 (2) As a member of the Committee on Armed 

4 Services of the House of Representatives, Represent5 ative Evans worked to bring common sense priorities 

6 to defense spending and strengthen the military’s 

7 conventional readiness. 

8 (3) Representative Evans was a tireless advo9 cate for military veterans, ensuring that veterans re10 ceive the medical care they need and advocating for 

11 individuals suffering from post-traumatic stress dis12 order and Gulf War Syndrome. 

13 (4) Representative Evans’ efforts to improve 

14 the transition of individuals from military service to 

15 the care of the Department of Veterans Affairs will 

16 continue to benefit generations of veterans long into 

17 the future. 

18 (5) Representative Evans was credited with 

19 bringing new services to veterans living in his Con20 gressional district, including outpatient clinics in the 

21 Quad Cities and Quincy and the Quad-Cities Vet 

22 Center. 

23 (6) Representative Evans worked with local 

24 leaders to promote the Rock Island Arsenal, and it 

25 earned new jobs and missions through his support. 


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1 (7) In honor of his service in the Marine Corps 

2 and to his district and the United States, it is fitting 

3 and proper that the Navy and Marine Corps Reserve 

4 Center at Rock Island Arsenal be named in honor of 

5 Representative Evans. 

6 (b) DESIGNATION.—The Navy and Marine Corps Re7 serve Center at Rock Island Arsenal, Illinois, shall be 

8 known and designated as the ‘‘Lane Evans Navy and Ma9 rine Corps Reserve Center’’. Any reference in a law, map, 

10 regulation, document, paper, or other record of the United 

11 States to the Navy and Marine Corps Reserve Center at 

12 Rock Island Arsenal shall be deemed to be a reference to 

13 the Lane Evans Navy and Marine Corps Reserve Center. 

14 SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR 

15 FORCE ROME RESEARCH SITE, ROME, NEW 

16 YORK, IN HONOR OF THE HONORABLE SHER17 WOOD L. BOEHLERT, A FORMER MEMBER OF 

18 THE UNITED STATES HOUSE OF REPRESENT19 ATIVES. 

20 The new laboratory building at the Air Force Rome 

21 Research Site, Rome, New York, shall be known and des22 ignated as the ‘‘Sherwood Boehlert Center of Excellence 

23 for Information Science and Technology’’. Any reference 

24 in a law, map, regulation, document, paper, or other 

25 record of the United States to such laboratory facility 


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1 shall be deemed to be a reference to the Sherwood Boeh2 lert Center of Excellence for Information Science and 

3 Technology. 

4 SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT 

5 JOINT SYSTEMS MANUFACTURING CENTER, 

6 LIMA, OHIO, IN HONOR OF THE HONORABLE 

7 MICHAEL G. OXLEY, A FORMER MEMBER OF 

8 THE UNITED STATES HOUSE OF REPRESENT9 ATIVES. 

10 The administration building under construction at 

11 the Joint Systems Manufacturing Center in Lima, Ohio, 

12 shall be known and designated as the ‘‘Michael G. Oxley 

13 Administration and Technology Center’’. Any reference in 

14 a law, map, regulation, document, paper, or other record 

15 of the United States to such building shall be deemed to 

16 be a reference to the Michael G. Oxley Administration and 

17 Technology Center. 

18 SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING 

19 FACILITY, ARMY QUARTERMASTER CENTER 

20 AND SCHOOL, FORT LEE, VIRGINIA, IN 

21 HONOR OF GENERAL RICHARD H. THOMP22 SON. 

23 Notwithstanding Army Regulation AR 1–33, the Lo24 gistics Automation Training Facility of the Army Quarter25 master Center and School at Fort Lee, Virginia, shall be 


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1 known and designated as the ‘‘General Richard H. 

2 Thompson Logistics Automation Training Facility’’ in 

3 honor of General Richard H. Thompson, the only quarter4 master to have risen from private to full general. Any ref5 erence in a law, map, regulation, document, paper, or 

6 other record of the United States to such facility shall be 

7 deemed to be a reference to the General Richard H. 

8 Thompson Logistics Automation Training Facility. 

9 SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM 

10 CENTER TO FORT MEADE, MARYLAND. 

11 (a) AUTHORITY TO CARRY OUT RELOCATION AGREE12 MENT.—The Secretary of Defense may carry out an 

13 agreement to relocate the Joint Spectrum Center, a geo14 graphically separated unit of the Defense Information 

15 Systems Agency, from Annapolis, Maryland, to Fort 

16 Meade, Maryland, or another military installation if— 

17 (1) the Secretary determines that the relocation 

18 of the Joint Spectrum Center is in the best interest 

19 of national security and the physical protection of 

20 personnel and missions of the Department of De21 fense; and 

22 (2) the agreement between the lease holder and 

23 the Department of Defense provides equitable and 

24 appropriate terms to facilitate the relocation. 


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1 (b) AUTHORIZATION.—Any facility, road, or infra2 structure constructed or altered on a military installation 

3 as a result of the agreement referred to in subsection (a) 

4 is deemed to be authorized in accordance with section 

5 2802 of title 10, United States Code. 

6 (c) TERMINATION OF EXISTING LEASE.—Upon com7 pletion of the relocation of the Joint Spectrum Center, all 

8 right, title, and interest of the United States in and to 

9 the existing lease for the Joint Spectrum Center shall be 

10 terminated, as contemplated under Condition 29.B of the 

11 lease. 

12 TITLE XXIX—WAR-RELATED AND 

13 EMERGENCY MILITARY CON14 STRUCTION AUTHORIZA15 TIONS 

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. 

16 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

17 ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria20 tions in subsection (c)(1), the Secretary of the Army may 

21 acquire real property and carry out military construction 


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1 projects for the installations or locations inside the United 

2 States, and in the amounts, set forth in the following 

3 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 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in subsection (c)(2), the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations outside the 

9 United States, and in the amounts, set forth in the fol10 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ...................... Bagram Air Base .................................. $249,600,000 

...................................... 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 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated for fiscal years 

3 beginning after September 30, 2007, for military con4 struction, land acquisition, and military family housing 

5 functions of the Department of the Army in the total 

6 amount of $1,257,750,000 as follows: 

7 (1) For military construction projects inside the 

8 United States authorized by subsection (a), 

9 $123,500,000. 

10 (2) For military construction projects outside 

11 the United States authorized by subsection (b), 

12 $1,055,450,000. 

13 (3) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $78,800,000. 

16 (d) REPORT REQUIRED BEFORE COMMENCING CER17 TAIN PROJECTS.—Funds may not be obligated for the 

18 projects authorized by subsection (b) for Camp Arifjan, 

19 Kuwait, or Camp Cropper, Iraq, until 14 days after the 

20 date on which the Secretary of Defense submits to the 

21 congressional defense committees a report, in either un22 classified or classified form, containing a detailed justifica23 tion for the project, including the overall intent of the re24 quested construction, host-nation views, longevity of the 


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1 site selected, and timelines for completion. The Secretary 

2 shall submit the report not later than January 15, 2008. 

3 SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND 

4 ACQUISITION PROJECTS. 

5 (a) INSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in subsection (d)(1), the Secretary of the Navy may 

8 acquire real property and carry out military construction 

9 projects for the installations or locations inside the United 

10 States, and in the amounts, set forth in the following 

11 table: 

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 

12 (b) OUTSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in subsection (d)(2), the Secretary of the Navy may 

15 acquire real property and carry out military construction 

16 projects for the installations or locations outside the 

17 United States, and in the amounts, set forth in the fol18 lowing table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti ............... Camp Lemonier .............................................. $25,410,000 


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1 (c) FAMILY HOUSING.—Using amounts appropriated 

2 pursuant to the authorization of appropriations in sub3 section (d)(4), the Secretary of the Navy may construct 

4 or acquire family housing units (including land acquisition 

5 and supporting facilities) at the installations or locations, 

6 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 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—Subject 

8 to section 2825 of title 10, United States Code, funds are 

9 hereby authorized to be appropriated for fiscal years be10 ginning after September 30, 2007, for military construc11 tion, land acquisition, and military family housing func12 tions of the Department of the Navy in the total amount 

13 of $198,781,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by subsection (a), 

16 $149,814,000. 

17 (2) For military construction projects outside 

18 the United States authorized by subsection (a), 

19 $25,410,000. 

20 (3) For architectural and engineering services 

21 and construction design under section 2807 of title 

22 10, United States Code, $11,791,000. 


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1 (4) For construction and acquisition, planning 

2 and design, and improvement of military family 

3 housing and facilities, $11,766,000. 

4 SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 

5 LAND ACQUISITION PROJECTS. 

6 (a) OUTSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in subsection (b)(1), the Secretary of the Air Force 

9 may acquire real property and carry out military construc10 tion projects for the installations or locations outside the 

11 United States, and in the amounts, set forth in the fol12 lowing 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 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal years 

15 beginning after September 30, 2007, for military con16 struction, land acquisition, and military family housing 

17 functions of the Department of the Air Force in the total 

18 amount of $258,700,000, as follows: 

19 (1) For military construction projects outside 

20 the United States authorized by subsection (a), 

21 $223,700,000. 


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1 (2) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $35,000,000. 

4 SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC5 TION AND LAND ACQUISITION PROJECTS. 

6 (a) INSIDE THE UNITED STATES.—Using amounts 

7 appropriated pursuant to the authorization of appropria8 tions in subsection (c)(1), the Secretary of Defense may 

9 acquire real property and carry out military construction 

10 projects for the installations or locations inside the United 

11 States, and in the amounts, set forth in the following 

12 table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Texas .................. Fort Sam Houston .......................................... $21,000,000 

13 (b) OUTSIDE THE UNITED STATES.—Using amounts 

14 appropriated pursuant to the authorization of appropria15 tions in subsection (c)(2), the Secretary of Defense may 

16 acquire real property and carry out military construction 

17 projects for the installations or locations outside the 

18 United States, and in the amounts, set forth in the fol19 lowing table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Qatar ................... Al Udeid .......................................................... $6,600,000 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds 

2 are hereby authorized to be appropriated for fiscal years 

3 beginning after September 30, 2007, for military con4 struction, land acquisition, and military family housing 

5 functions of the Department of Defense (other than the 

6 military departments) in the total amount of $27,600,000 

7 as follows: 

8 (1) For military construction projects inside the 

9 United States authorized by subsection (a), 

10 $21,000,000. 

11 (2) For military construction projects outside 

12 the United States authorized by subsection (a), 

13 $6,600,000. 

14 SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGN15 MENT ACTIVITIES FUNDED THROUGH DE16 PARTMENT OF DEFENSE BASE CLOSURE AC17 COUNT 2005 AND RELATED AUTHORIZATION 

18 OF APPROPRIATIONS. 

19 (a) AUTHORIZED BASE CLOSURE AND REALIGN20 MENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF

21 DEFENSE BASE CLOSURE ACCOUNT 2005.—Using 

22 amounts authorized appropriated pursuant to the author23 ization of appropriations in subsection (b), the Secretary 

24 of Defense may carry out base closure and realignment 

25 activities otherwise authorized by section 2702 of this Act, 


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1 including real property acquisition and military construc2 tion projects, as authorized by the Defense Base Closure 

3 and Realignment Act of 1990 (part A of title XXIX of 

4 Public Law 101–510; 10 U.S.C. 2687 note) and funded 

5 through the Department of Defense Base Closure Account 

6 2005 established by section 2906A of such Act, in the 

7 amount of $423,650,000. Such amount is in addition to 

8 the amount specified for such base closure and realign9 ment activities in section 2702 of this Act. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

11 are hereby authorized to be appropriated for fiscal years 

12 beginning after September 30, 2007, for base closure and 

13 realignment activities authorized by subsection (a) and 

14 funded through the Department of Defense Base Closure 

15 Account 2005 in the total amount of $415,910,000. 

16 DIVISION C—DEPARTMENT OF 

17 ENERGY NATIONAL SECURITY 

18 AUTHORIZATIONS AND 

19 OTHER AUTHORIZATIONS 

20 TITLE XXXI—DEPARTMENT OF 

21 ENERGY NATIONAL SECURITY 

22 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. 


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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. 

1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

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1 ment of Energy for fiscal year 2008 for the activities of 

2 the National Nuclear Security Administration in carrying 

3 out programs necessary for national security in the 

4 amount of $9,576,095,000, to be allocated as follows: 

5 (1) For weapons activities, $6,465,574,000. 

6 (2) For defense nuclear nonproliferation activi7 ties, $1,902,646,000. 

8 (3) For naval reactors, $808,219,000. 

9 (4) For the Office of the Administrator for Nu10 clear Security, $399,656,000. 

11 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

12 From funds referred to in subsection (a) that are available 

13 for carrying out plant projects, the Secretary of Energy 

14 may carry out new plant projects for the National Nuclear 

15 Security Administration as follows: 

16 (1) For readiness in technical base and facili17 ties, the following new plant projects: 

18 Project 08–D–801, High pressure fire 

19 loop, Pantex Plant, Amarillo, Texas, 

20 $7,000,000. 

21 Project 08–D–802, High explosive pressing 

22 facility, Pantex Plant, Amarillo, Texas, 

23 $25,300,000. 


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1 Project 08–D–804, Technical Area 55 re2 investment project, Los Alamos National Lab3 oratory, Los Alamos, New Mexico, $6,000,000. 

4 (2) For facilities and infrastructure recapital5 ization, the following new plant projects: 

6 Project 08–D–601, Mercury highway, Ne7 vada Test Site, Nevada, $7,800,000. 

8 Project 08–D–602, Potable water system 

9 upgrades, Y–12 Plant, Oak Ridge, Tennessee, 

10 $22,500,000. 

11 (3) For safeguards and security, the following 

12 new plant project: 

13 Project 08–D–701, Nuclear materials safe14 guards and security upgrade, Los Alamos Na15 tional Laboratory, Los Alamos, New Mexico, 

16 $49,496,000. 

17 (4) For naval reactors, the following new plant 

18 projects: 

19 Project 08–D–901, Shipping and receiving 

20 and warehouse complex, Bettis Atomic Power 

21 Laboratory, West Mifflin, Pennsylvania, 

22 $9,000,000. 

23 Project 08–D–190, Project engineering 

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1 covering Discharge Station, Naval Reactors Fa2 cility, Idaho Falls, Idaho, $550,000. 

3 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

5 are hereby authorized to be appropriated to the Depart6 ment of Energy for fiscal year 2008 for defense environ7 mental cleanup activities in carrying out programs nec8 essary for national security in the amount of 

9 $5,367,905,000. 

10 (b) AUTHORIZATION FOR NEW PLANT PROJECT.— 

11 From funds referred to in subsection (a) that are available 

12 for carrying out plant projects, the Secretary of Energy 

13 may carry out, for defense environmental cleanup activi14 ties, the following new plant project: 

15 Project 08–D–414, Project engineering and de16 sign, Plutonium Vitrification Facility, various loca17 tions, $9,000,000. 

18 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

19 Funds are hereby authorized to be appropriated to 

20 the Department of Energy for fiscal year 2008 for other 

21 defense activities in carrying out programs necessary for 

22 national security in the amount of $763,974,000. 

23 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

24 Funds are hereby authorized to be appropriated to 

25 the Department of Energy for fiscal year 2008 for defense 


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1 nuclear waste disposal for payment to the Nuclear Waste 

2 Fund established in section 302(c) of the Nuclear Waste 

3 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

4 of $292,046,000. 

5 SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

6 Funds are hereby authorized to be appropriated to 

7 the Department of Energy for fiscal year 2008 for energy 

8 security and assurance programs necessary for national 

9 security in the amount of $5,860,000. 

10 Subtitle B—Program Authoriza11 tions, Restrictions, and Limita12 tions 

13 SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 

14 No funds appropriated pursuant to the authorization 

15 of appropriations in section 3101(a)(1) or otherwise made 

16 available for weapons activities of the National Nuclear 

17 Security Administration for fiscal year 2008 may be obli18 gated or expended for activities under the Reliable Re19 placement Warhead program under section 4204a of the 

20 Atomic Energy Defense Act (50 U.S.C. 2524a) beyond 

21 phase 2A activities. 

22 SEC. 3112. NUCLEAR TEST READINESS. 

23 (a) REPEAL OF REQUIREMENTS ON READINESS POS24 TURE.—Section 3113 of the National Defense AuthorizaVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01445 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

2 Stat. 1743; 50 U.S.C. 2528a) is repealed. 

3 (b) REPORTS ON NUCLEAR TEST READINESS POS4 TURES.— 

5 (1) IN GENERAL.—Section 4208 of the Atomic 

6 Energy Defense Act (50 U.S.C. 2528) is amended to 

7 read as follows: 

8 ‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS. 

9 ‘‘(a) IN GENERAL.—Not later than March 1, 2009, 

10 and every odd-numbered year thereafter, the Secretary of 

11 Energy shall submit to the congressional defense commit12 tees a report on the nuclear test readiness of the United 

13 States. 

14 ‘‘(b) ELEMENTS.—Each report under subsection (a) 

15 shall include, current as of the date of such report, the 

16 following: 

17 ‘‘(1) An estimate of the period of time that 

18 would be necessary for the Secretary of Energy to 

19 conduct an underground test of a nuclear weapon 

20 once directed by the President to conduct such a 

21 test. 

22 ‘‘(2) A description of the level of test readiness 

23 that the Secretary of Energy, in consultation with 

24 the Secretary of Defense, determines to be appro25 priate. 


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1 ‘‘(3) A list and description of the workforce 

2 skills and capabilities that are essential to carrying 

3 out an underground nuclear test at the Nevada Test 

4 Site. 

5 ‘‘(4) A list and description of the infrastructure 

6 and physical plant that are essential to carrying out 

7 an underground nuclear test at the Nevada Test 

8 Site. 

9 ‘‘(5) An assessment of the readiness status of 

10 the skills and capabilities described in paragraph (3) 

11 and the infrastructure and physical plant described 

12 in paragraph (4). 

13 ‘‘(c) FORM.—Each report under subsection (a) shall 

14 be submitted in unclassified form, but may include a clas15 sified annex.’’. 

16 (2) CLERICAL AMENDMENT.—The item relating 

17 to section 4208 in the table of contents for such Act 

18 is amended to read as follows: 

‘‘Sec. 4208. Reports on nuclear test readiness.’’. 

19 SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT. 

20 Section 3111 of the National Defense Authorization 

21 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

22 3539) is amended— 

23 (1) by redesignating subsections (c) and (d) as 

24 (d) and (e), respectively; 


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1 (2) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) FORM.—The report required by subsection (b) 

4 shall be submitted in classified form, and shall include a 

5 detailed unclassified summary.’’; and 

6 (3) in subsection (e), as so redesignated, by 

7 striking ‘‘(c)’’ and inserting ‘‘(d)’’. 

8 SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR 

9 FISSILE MATERIALS DISPOSITION PROGRAM. 

10 (a) LIMITATION PENDING REPORT ON USE OF PRIOR

11 FISCAL YEAR FUNDS.—No more than 75 percent of the 

12 fiscal year 2008 Fissile Materials Disposition program 

13 funds may be obligated for the Fissile Materials Disposi14 tion program until the Secretary of Energy, in consulta15 tion with the Administrator for Nuclear Security, submits 

16 to the congressional defense committees a report setting 

17 forth a plan for obligating and expending funds made 

18 available for that program in fiscal years before fiscal year 

19 2008 that remain available for obligation or expenditure 

20 as of January 1, 2005, and for fiscal year 2008. 

21 (b) AVAILABILITY OF UNUTILIZED FUNDS UNDER

22 CERTIFICATION OF PARTIAL USE.—Any funds identified 

23 in the plan required in subsection (a) that are not planned 

24 to be obligated by the end of fiscal year 2009 shall also 

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1 tivities (other than the Fissile Materials Disposition pro2 gram) for which amounts are authorized to be appro3 priated by section 3101(a)(2). 

4 (c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSI5 TION PROGRAM FUNDS DEFINED.—In this section, the 

6 term ‘‘fiscal year 2008 Fissile Materials Disposition pro7 gram funds’’ means amounts authorized to be appro8 priated by section 3101(a)(2) and available for the Fissile 

9 Materials Disposition program. 

10 SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAIL11 ABILITY OF FUNDS FOR WASTE TREATMENT 

12 AND IMMOBILIZATION PLANT. 

13 Paragraph (2) of section 3120(a) of the John Warner 

14 National Defense Authorization Act for Fiscal Year 2007 

15 (Public Law 109–364; 120 Stat. 2510) is amended— 

16 (1) by striking ‘‘the Defense Contract Manage17 ment Agency has recommended for acceptance’’ and 

18 inserting ‘‘an independent entity has reviewed’’; and 

19 (2) by inserting ‘‘and that the system has been 

20 certified by the Secretary for use by a construction 

21 contractor at the Waste Treatment and Immobiliza22 tion Plant’’ after ‘‘Waste Treatment and Immo23 bilization Plant’’. 


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1 SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE 

2 OF THE OMBUDSMAN OF THE ENERGY EM3 PLOYEES OCCUPATIONAL ILLNESS COM4 PENSATION PROGRAM. 

5 Section 3686(g) of the Energy Employees Occupa6 tional Illness Compensation Program Act of 2000 (42 

7 U.S.C. 7385s–15(g)) is amended by striking ‘‘on the date 

8 that is 3 years after the date of the enactment of this 

9 section’’ and inserting ‘‘October 28, 2012’’. 

10 SEC. 3117. TECHNICAL AMENDMENTS. 

11 The Atomic Energy Defense Act (50 U.S.C. 2521 et 

12 seq.) is amended as follows: 

13 (1) The heading of section 4204a (50 U.S.C. 

14 2524a) is amended to read as follows: 

15 ‘‘SEC. 4204A. RELIABLE REPLACEMENT 

16 WARHEAD PROGRAM.’’. 

17 (2) The table of contents for that Act is amend18 ed by inserting after the item relating to section 

19 4204 the following new item: 

‘‘Sec. 4204A. Reliable Replacement Warhead program.’’. 

20 Subtitle C—Other Matters 

21 SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELI22 ABLE REPLACEMENT WARHEAD PROGRAM. 

23 (a) STUDY REQUIRED.—The Administrator for Nu24 clear Security, in consultation with the Nuclear Weapons 

25 Council, shall carry out a study analyzing the feasibility 


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1 of using existing pits in the Reliable Replacement War2 head program. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later six months after 

5 the date of the enactment of this Act, the Adminis6 trator shall submit to the congressional defense com7 mittees a report on the results of the study. The re8 port shall be in unclassified form, but may include 

9 a classified annex. 

10 (2) MATTERS INCLUDED.—The report shall 

11 contain the assessment of the Administrator of the 

12 results of the study, including— 

13 (A) an assessment of— 

14 (i) whether using existing pits in the 

15 program is technically feasible; 

16 (ii) whether using existing pits in the 

17 program is more advantageous than using 

18 newly manufactured pits in the program; 

19 (iii) the number of existing pits suit20 able for such use; 

21 (iv) whether proceeding to use existing 

22 pits in the program before using newly 

23 manufactured pits in the program is desir24 able; and 


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1 (v) the extent to which using existing 

2 pits, as compared to using newly manufac3 tured pits, in the program would reduce 

4 future requirements for new pit produc5 tion, and how such use of existing pits 

6 would affect the schedule and scope for 

7 new pit production; and 

8 (B) a comparison of the requirements for 

9 certifying— 

10 (i) reliable replacement warheads 

11 using existing pits; 

12 (ii) reliable replacement warheads 

13 using newly manufactured pits; and 

14 (iii) warheads maintained by the 

15 Stockpile Life Extension Program. 

16 (c) FUNDING.—Of the amounts made available pur17 suant to the authorization of appropriations in section 

18 3101(a)(1), such funds as may be necessary shall be avail19 able to carry out this section. 

20 SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT 

21 OF NUCLEAR WARHEADS. 

22 Not later than March 1, 2008, the Administrator for 

23 Nuclear Security, in consultation with the Nuclear Weap24 ons Council, shall submit to the congressional defense 

25 committees a report on the retirement and dismantlement 


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1 of the nuclear warheads that will not be part of the endur2 ing stockpile as of December 31, 2012, but that have not 

3 yet been retired or dismantled. The report shall include— 

4 (1) the existing plan and schedule for retiring 

5 and dismantling those warheads; 

6 (2) an assessment of the capacity of the nuclear 

7 weapons complex to accommodate an accelerated 

8 schedule for retiring and dismantling those war9 heads, taking into account the full range of capabili10 ties in the complex; and 

11 (3) an identification of the resources needed to 

12 accommodate such an accelerated schedule for retir13 ing and dismantling those warheads. 

14 SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED 

15 TO NUCLEAR WEAPONS COMPLEX. 

16 Section 3253(b) of the National Nuclear Security Ad17 ministration Act (50 U.S.C. 2453(b)) is amended by add18 ing at the end the following: 

19 ‘‘(6) A plan, developed in consultation with the 

20 Director of the Office of Health, Safety, and Secu21 rity of the Department of Energy, for the research 

22 and development, deployment, and lifecycle 

23 sustainment of the technologies employed within the 

24 nuclear weapons complex to address physical and 


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1 cyber security threats during the applicable five-fis2 cal year period, together with— 

3 ‘‘(A) for each site in the nuclear weapons 

4 complex, a description of the technologies de5 ployed to address the physical and cyber secu6 rity threats posed to that site; 

7 ‘‘(B) for each site and for the nuclear 

8 weapons complex, the methods used by the Na9 tional Nuclear Security Administration to es10 tablish priorities among investments in physical 

11 and cyber security technologies; and 

12 ‘‘(C) a detailed description of how the 

13 funds identified for each program element spec14 ified pursuant to paragraph (1) in the budget 

15 for the Administration for each fiscal year dur16 ing that five-fiscal year period will help carry 

17 out that plan.’’. 

18 SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES. 

19 (a) COMPTROLLER GENERAL REPORT ON DEPART20 MENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the 

23 Comptroller General of the United States shall sub24 mit to the Committee on Armed Services of the Sen25 ate and the Committee on Armed Services of the 


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1 House of Representatives a report on the manage2 ment of the protective forces of the Department of 

3 Energy. 

4 (2) CONTENTS.—The report shall include the 

5 following: 

6 (A) An identification of each Department 

7 of Energy site with Category I nuclear mate8 rials. 

9 (B) For each site identified under subpara10 graph (A)— 

11 (i) a description of the management 

12 and contractual structure for protective 

13 forces at the site; 

14 (ii) a statement of the number and 

15 category of protective force members at the 

16 site; 

17 (iii) a description of the manner in 

18 which the site is moving to a tactical re19 sponse force as required by the policy of 

20 the Department of Energy and an assess21 ment of the issues or problems, if any, in22 volved in moving to such a force; 

23 (iv) a description of the extent to 

24 which the protective force at the site has 

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1 forcement or law-enforcement related ac2 tivities; 

3 (v) an assessment of the ability of the 

4 protective force at the site to fulfill any 

5 such law enforcement or law enforcement6 related responsibilities; and 

7 (vi) an assessment of whether the pro8 tective force at the site is adequately 

9 staffed, trained, and equipped to comply 

10 with the requirements of the Design Basis 

11 Threat issued by the Department of En12 ergy in November 2005 and, if not, when 

13 it is projected to be. 

14 (C) An analysis comparing the manage15 ment, training, pay, benefits, duties, respon16 sibilities, and assignments of the protective 

17 force at each site identified under subparagraph 

18 (A) with the management, training, pay, bene19 fits, duties, responsibilities, and assignments of 

20 the Federal transportation security force of the 

21 Department of Energy. 

22 (D) A statement of options for managing 

23 the protective force at sites identified under 

24 subparagraph (A) in a more uniform manner, 

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1 tages of each option, and an assessment of the 

2 approximate cost of each option when compared 

3 with the costs associated with the existing man4 agement of the protective force at such sites. 

5 (3) FORM.—The report shall be submitted in 

6 unclassified form, but may include a classified 

7 annex. 

8 (b) DEPARTMENT OF ENERGY ANALYSIS OF ALTER9 NATIVES FOR MANAGING AND DEPLOYING PROTECTIVE

10 FORCES.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date on which the report is submitted under sub13 section (a), the Secretary of Energy, in conjunction 

14 with the Administrator for Nuclear Security and the 

15 Assistant Secretary for Environmental Management, 

16 shall submit to the Committee on Armed Services of 

17 the Senate and the Committee on Armed Services of 

18 the House of Representatives a report on the man19 agement of the protective forces of the Department 

20 of Energy. 

21 (2) CONTENTS.—The report shall include the 

22 following: 

23 (A) Each of the matters specified in sub24 paragraphs (A), (B), and (C) of subsection 

25 (a)(2). 


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1 (B) Each of the matters specified in sub2 paragraph (D) of subsection (a)(2), except 

3 that— 

4 (i) the options analyzed shall include 

5 each of the options included in the report 

6 submitted under subsection (a), as well as 

7 any other options identified by the Sec8 retary; and 

9 (ii) the analysis and assessment shall 

10 also include an analysis of the role played 

11 by incentives inherent in the use of private 

12 contractors to provide protective forces in 

13 the performance of those protective forces. 

14 (3) FORM.—The report shall be submitted in 

15 unclassified form, but may include a classified 

16 annex. 

17 SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY 

18 ADMINISTRATION STRATEGIC PLAN FOR AD19 VANCED COMPUTING. 

20 (a) IN GENERAL.—The Secretary of Energy shall— 

21 (1) enter into an agreement with an inde22 pendent entity to conduct an evaluation of the stra23 tegic plan for advanced computing of the National 

24 Nuclear Security Administration; and 


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1 (2) not later than one year after the date of the 

2 enactment of this Act, submit to the congressional 

3 defense committees a report containing the results of 

4 the evaluation described in paragraph (1). 

5 (b) ELEMENTS.—The evaluation described in sub6 section (a)(1) shall include the following: 

7 (1) An assessment of— 

8 (A) the adequacy of the strategic plan in 

9 supporting the Stockpile Stewardship Program; 

10 (B) the role of research into, and develop11 ment of, high-performance computing supported 

12 by the National Nuclear Security Administra13 tion in fulfilling the mission of the National 

14 Nuclear Security Administration and in main15 taining the leadership of the United States in 

16 high-performance computing; and 

17 (C) the impacts of changes in investment 

18 levels or research and development strategies on 

19 fulfilling the missions of the National Nuclear 

20 Security Administration. 

21 (2) An assessment of the efforts of the Depart22 ment of Energy to— 

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1 ticular between the National Nuclear Security 

2 Administration and the Office of Science; 

3 (B) develop joint strategies with other 

4 Federal agencies and private industry groups 

5 for the development of high-performance com6 puting; and 

7 (C) share high-performance computing de8 velopments with private industry and capitalize 

9 on innovations in private industry in high-per10 formance computing. 

11 SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON12 PROLIFERATION POLICY OF THE UNITED 

13 STATES AND THE RELIABLE REPLACEMENT 

14 WARHEAD PROGRAM. 

15 It is the sense of Congress that— 

16 (1) the United States should maintain its com17 mitment to Article VI of the Treaty on the Non-Pro18 liferation of Nuclear Weapons, done at Washington, 

19 London, and Moscow July 1, 1968, and entered into 

20 force March 5, 1970 (in this section referred to as 

21 the ‘‘Nuclear Non-Proliferation Treaty’’); 

22 (2) the United States should initiate talks with 

23 Russia to reduce the number of nonstrategic nuclear 

24 weapons and further reduce the number of strategic 

25 nuclear weapons in the respective nuclear weapons 


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1 stockpiles of the United States and Russia in a 

2 transparent and verifiable fashion and in a manner 

3 consistent with the security of the United States; 

4 (3) the United States and other declared nu5 clear weapons state parties to the Nuclear Non-Pro6 liferation Treaty, together with weapons states that 

7 are not parties to the Treaty, should work to reduce 

8 the total number of nuclear weapons in the respec9 tive stockpiles and related delivery systems of such 

10 states; 

11 (4) the United States, Russia, and other states 

12 should work to negotiate, and then sign and ratify, 

13 a treaty setting forth a date for the cessation of the 

14 production of fissile material; 

15 (5) the United States should sustain the 

16 science-based stockpile stewardship program, which 

17 provides the basis for certifying the United States 

18 nuclear deterrent and maintaining the moratorium 

19 on underground nuclear weapons testing; 

20 (6) the United States should commit to dis21 mantle as soon as possible all retired warheads or 

22 warheads that are planned to be retired from the 

23 United States nuclear weapons stockpile; 

24 (7) the United States, along with the other de25 clared nuclear weapons state parties to the Nuclear 


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1 Non-Proliferation Treaty, should participate in 

2 transparent discussions regarding their nuclear 

3 weapons programs and plans, including plans for 

4 any new weapons or warheads, and how such pro5 grams and plans relate to their obligations as nu6 clear weapons state parties under the Treaty; 

7 (8) the United States and the declared nuclear 

8 weapons state parties to the Nuclear Non-Prolifera9 tion Treaty should work to decrease reliance on, and 

10 the importance of, nuclear weapons; and 

11 (9) the United States should formulate any de12 cision on whether to manufacture or deploy a reli13 able replacement warhead within the broader context 

14 of the progress made by the United States toward 

15 achieving each of the goals described in paragraphs 

16 (1) through (8). 

17 SEC. 3127. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

18 STRENGTHEN AND EXPAND INTERNATIONAL 

19 RADIOLOGICAL THREAT REDUCTION PRO20 GRAM. 

21 Not later than 120 days after the date of the enact22 ment of this Act, the Secretary of Energy shall submit 

23 to Congress a report that sets forth a specific plan for 

24 strengthening and expanding the Department of Energy 

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1 gram within the Global Threat Reduction Initiative. The 

2 plan shall address concerns raised and recommendations 

3 made by the Government Accountability Office in its re4 port of March 13, 2007, titled ‘‘Focusing on the Highest 

5 Priority Radiological Sources Could Improve DOE’s Ef6 forts to Secure Sources in Foreign Countries’’, and shall 

7 specifically include actions to— 

8 (1) improve the Department’s coordination with 

9 the Department of State and the Nuclear Regu10 latory Commission; 

11 (2) improve information-sharing between the 

12 Department and the International Atomic Energy 

13 Agency; 

14 (3) with respect to hospitals and clinics con15 taining radiological sources that receive security up16 grades, give high priority to those determined to be 

17 the highest risk; 

18 (4) accelerate efforts to remove as many radio19 isotope thermoelectric generators (RTGs) in the 

20 Russian Federation as practicable; 

21 (5) develop a long-term sustainability plan for 

22 security upgrades that includes, among other things, 

23 future resources required to implement such a plan; 

24 and 


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1 (6) develop a long-term operational plan that 

2 ensures sufficient funding for the IRTR program 

3 and ensures sufficient funding to identify, recover, 

4 and secure all vulnerable high-risk radiological 

5 sources worldwide as quickly and effectively as pos6 sible. 

7 SEC. 3128. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

8 STRENGTHEN AND EXPAND MATERIALS PRO9 TECTION, CONTROL, AND ACCOUNTING PRO10 GRAM. 

11 Not later than 120 days after the date of the enact12 ment of this Act, the Secretary of Energy shall submit 

13 to Congress a specific plan for strengthening and expand14 ing the Department of Energy Materials Protection, Con15 trol, and Accounting (MPC&A) program. The plan shall 

16 address concerns raised and recommendations made by 

17 the Government Accountability Office in its report of Feb18 ruary 2007, titled ‘‘Progress Made in Improving Security 

19 at Russian Nuclear Sites, but the Long-Term Sustain20 ability of U.S. Funded Security Upgrades is Uncertain’’, 

21 and shall specifically include actions to— 

22 (1) strengthen program management and the 

23 effectiveness of the Department’s efforts to improve 

24 security at weapons-usable nuclear material and 


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1 warhead sites in the Russian Federation and other 

2 countries by— 

3 (A) revising the metrics used to measure 

4 MPC&A program progress to better reflect the 

5 level of security upgrade completion at buildings 

6 reported as ‘‘secure’’; 

7 (B) actively working with other countries, 

8 in coordination with the Secretary of State, to 

9 develop an appropriate access plan for each 

10 country; and 

11 (C) developing a management information 

12 system to track the Department’s progress in 

13 providing Russia with a sustainable MPC&A 

14 system by 2013; and 

15 (2) develop a long-term operational plan that 

16 ensures sufficient funding for the MPC&A program, 

17 including for National Programs and Sustainability, 

18 and ensures sufficient funding to secure all weapons19 usable nuclear material and warhead sites as quickly 

20 and effectively as possible. 

21 SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR 

22 FORENSICS CAPABILITIES. 

23 (a) INTERNATIONAL AGREEMENTS.— 


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1 (1) IN GENERAL.—Title XLIII of the Atomic 

2 Energy Defense Act (50 U.S.C. 2561 et seq.) is 

3 amended by adding at the end the following: 

4 ‘‘SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR 

5 WEAPONS DATA. 

6 ‘‘The Secretary of Energy may, with the concurrence 

7 of the Secretary of State and in coordination with the Sec8 retary of Defense, the Secretary of Homeland Security, 

9 and the Director of National Intelligence, enter into agree10 ments with countries or international organizations to con11 duct data collection and analysis to determine accurately 

12 and in a timely manner the source of any components of, 

13 or fissile material used or attempted to be used in, a nu14 clear device or weapon. 

15 ‘‘SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMA16 TION ON RADIOACTIVE MATERIALS. 

17 ‘‘The Secretary of Energy may, with the concurrence 

18 of the Secretary of State and in coordination with the Sec19 retary of Defense, the Secretary of Homeland Security, 

20 and the Director of National Intelligence, enter into agree21 ments with countries or international organizations— 

22 ‘‘(1) to acquire for the materials information 

23 program of the Department of Energy validated in24 formation on the physical characteristics of radio25 active material produced, used, or stored at various 


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1 locations, in order to facilitate the ability to deter2 mine accurately and in a timely manner the source 

3 of any components of, or fissile material used or at4 tempted to be used in, a nuclear device or weapon; 

5 and 

6 ‘‘(2) to obtain access to information described 

7 in paragraph (1) in the event of— 

8 ‘‘(A) a nuclear detonation; or 

9 ‘‘(B) the interdiction or discovery of a nu10 clear device or weapon or nuclear material.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents at the beginning of such Act is amended by in13 serting after the item relating to section 4306A the 

14 following: 

‘‘Sec. 4307. International agreements on nuclear weapons data. 

‘‘Sec. 4308. International agreements on information on radioactive materials.’’. 

15 (b) REPORT ON AGREEMENTS.—Not later than one 

16 year after the date of the enactment of this Act, the Sec17 retary of Energy shall, in coordination with the Secretary 

18 of State, submit to Congress a report identifying— 

19 (1) the countries or international organizations 

20 with which the Secretary has sought to make agree21 ments pursuant to sections 4307 and 4308 of the 

22 Atomic Energy Defense Act, as added by subsection 

23 (a); 


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1 (2) any countries or international organizations 

2 with which such agreements have been finalized and 

3 the measures included in such agreements; and 

4 (3) any major obstacles to completing such 

5 agreements with other countries and international 

6 organizations. 

7 (c) REPORT ON STANDARDS AND CAPABILITIES.— 

8 Not later than 180 days after the date of the enactment 

9 of this Act, the President shall submit to Congress a re10 port— 

11 (1) setting forth standards and procedures to 

12 be used in determining accurately and in a timely 

13 manner any country or group that knowingly or neg14 ligently provides to another country or group— 

15 (A) a nuclear device or weapon; 

16 (B) a major component of a nuclear device 

17 or weapon; or 

18 (C) fissile material that could be used in a 

19 nuclear device or weapon; 

20 (2) assessing the capability of the United States 

21 to collect and analyze nuclear material or debris in 

22 a manner consistent with the standards and proce23 dures described in paragraph (1); and 

24 (3) including a plan and proposed funding for 

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1 pabilities of the United States by September 30, 

2 2010. 

3 SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MAN4 AGEMENT INITIATIVES TO ACCELERATE THE 

5 REDUCTION OF ENVIRONMENTAL RISKS AND 

6 CHALLENGES POSED BY THE LEGACY OF THE 

7 COLD WAR. 

8 (a) IN GENERAL.—Not later than September 30, 

9 2008, the Secretary of Energy shall submit to the congres10 sional defense committees and the Comptroller General of 

11 the United States a report on the status of the environ12 mental management initiatives undertaken to accelerate 

13 the reduction of the environmental risks and challenges 

14 that, as a result of the legacy of the Cold War, are faced 

15 by the Department of Energy, contractors of the Depart16 ment, and applicable Federal and State agencies with reg17 ulatory jurisdiction. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall include the following: 

20 (1) A discussion and assessment of the progress 

21 made in reducing the environmental risks and chal22 lenges described in subsection (a) in each of the fol23 lowing areas: 

24 (A) Acquisition strategy and contract man25 agement. 


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1 (B) Regulatory agreements. 

2 (C) Interim storage and final disposal of 

3 high-level waste, spent nuclear fuel, transuranic 

4 waste, and low-level waste. 

5 (D) Closure and transfer of environmental 

6 remediation sites. 

7 (E) Achievements in innovation by contrac8 tors of the Department with respect to acceler9 ated risk reduction and cleanup. 

10 (F) Consolidation of special nuclear mate11 rials and improvements in safeguards and secu12 rity. 

13 (2) An assessment of whether legislative 

14 changes or clarifications would improve or accelerate 

15 environmental management activities. 

16 (3) A listing of the major mandatory milestones 

17 and commitments by site, by type of agreement, and 

18 by year to the extent that they are currently defined, 

19 together with a summary of the major mandatory 

20 milestones by site that are projected to be missed or 

21 are in jeopardy of being missed, with categories to 

22 explain the reason for non-compliance. 

23 (4) An estimate of the life cycle cost of the cur24 rent scope of the environmental management pro25 gram as of October 1, 2007, by project baseline 


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1 summary and summarized by site, including assump2 tions impacting cost projections and descriptions of 

3 the work to be done at each site. 

4 (5) For environmental cleanup liabilities and 

5 excess facilities projected to be transferred to the en6 vironmental management program, a description of 

7 the process for nomination and acceptance of new 

8 work scope into the program, a listing of pending 

9 nominations, and life cycle cost estimates and sched10 ules to address them. 

11 (c) REVIEW BY COMPTROLLER GENERAL.—Not later 

12 than March 30, 2009, the Comptroller General shall sub13 mit to the congressional defense committees a report con14 taining a review of the report required by subsection (a). 

15 Subtitle D—Nuclear Terrorism 

16 Prevention 

17 SEC. 3131. DEFINITIONS. 

18 In this subtitle: 

19 (1) The term ‘‘Convention on the Physical Pro20 tection of Nuclear Material’’ means the Convention 

21 on the Physical Protection of Nuclear Material, 

22 signed at New York and Vienna March 3, 1980. 

23 (2) The term ‘‘formula quantities of strategic 

24 special nuclear material’’ means uranium–235 (con25 tained in uranium enriched to 20 percent or more in 


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1 the U–235 isotope), uranium–233, or plutonium in 

2 any combination in a total quantity of 5,000 grams 

3 or more computed by the formula, grams = (grams 

4 contained U–235) + 2.5 (grams U–233 + grams 

5 plutonium), as set forth in the definitions of ‘‘for6 mula quantity’’ and ‘‘strategic special nuclear mate7 rial’’ in section 73.2 of title 10, Code of Federal 

8 Regulations. 

9 (3) The term ‘‘Nuclear Non-Proliferation Trea10 ty’’ means the Treaty on the Non-Proliferation of 

11 Nuclear Weapons, done at Washington, London, and 

12 Moscow July 1, 1968, and entered into force March 

13 5, 1970 (21 UST 483). 

14 (4) The term ‘‘nuclear weapon’’ means any de15 vice utilizing atomic energy, exclusive of the means 

16 for transporting or propelling the device (where such 

17 means is a separable and divisible part of the de18 vice), the principal purpose of which is for use as, 

19 or for the development of, a weapon, a weapon pro20 totype, or a weapon test device. 

21 SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF 

22 NUCLEAR TERRORISM. 

23 It is the sense of Congress that— 


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1 (1) the President should make the prevention of 

2 a nuclear terrorist attack on the United States a 

3 high priority; 

4 (2) the President should accelerate programs, 

5 requesting additional funding as appropriate, to pre6 vent nuclear terrorism, including combating nuclear 

7 smuggling, securing and accounting for nuclear 

8 weapons, and eliminating, removing, or securing and 

9 accounting for formula quantities of strategic special 

10 nuclear material wherever such quantities may be; 

11 (3) the United States, together with the inter12 national community, should take a comprehensive 

13 approach to reducing the danger of nuclear ter14 rorism, including by making additional efforts to 

15 identify and eliminate terrorist groups that aim to 

16 acquire nuclear weapons, to ensure that nuclear 

17 weapons worldwide are secure and accounted for and 

18 that formula quantities of strategic special nuclear 

19 material worldwide are eliminated, removed, or se20 cure and accounted for to a degree sufficient to de21 feat the threat that terrorists and criminals have 

22 shown they can pose, and to increase the ability to 

23 find and stop terrorist efforts to manufacture nu24 clear explosives or to transport nuclear explosives 

25 and materials anywhere in the world; 


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1 (4) within such a comprehensive approach, a 

2 high priority must be placed on ensuring that all nu3 clear weapons worldwide are secure and accounted 

4 for and that all formula quantities of strategic spe5 cial nuclear material worldwide are eliminated, re6 moved, or secure and accounted for; and 

7 (5) the International Atomic Energy Agency 

8 should be funded appropriately to fulfill its role in 

9 coordinating international efforts to protect nuclear 

10 material and to combat nuclear smuggling. 

11 SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR 

12 WEAPONS AND FORMULA QUANTITIES OF 

13 STRATEGIC SPECIAL NUCLEAR MATERIAL. 

14 (a) POLICY.—It is the policy of the United States to 

15 work with the international community to take all possible 

16 steps to ensure that all nuclear weapons around the world 

17 are secure and accounted for and that all formula quan18 tities of strategic special nuclear material are eliminated, 

19 removed, or secure and accounted for to a level sufficient 

20 to defeat the threats posed by terrorists and criminals. 

21 (b) INTERNATIONAL NUCLEAR SECURITY STAND22 ARD.—It is the sense of Congress that, in furtherance of 

23 the policy described in subsection (a), and consistent with 

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1 olution 1540 (2004), as well as the Nuclear Non-Prolifera2 tion Treaty and the Convention on the Physical Protection 

3 of Nuclear Material, the President, in consultation with 

4 relevant Federal departments and agencies, should seek 

5 the broadest possible international agreement on a global 

6 standard for nuclear security that— 

7 (1) ensures that nuclear weapons and formula 

8 quantities of strategic special nuclear material are 

9 secure and accounted for to a sufficient level to de10 feat the threats posed by terrorists and criminals; 

11 (2) takes into account the limitations of equip12 ment and human performance; and 

13 (3) includes steps to provide confidence that the 

14 needed measures have in fact been implemented. 

15 (c) INTERNATIONAL EFFORTS.—It is the sense of 

16 Congress that, in furtherance of the policy described in 

17 subsection (a), the President, in consultation with relevant 

18 Federal departments and agencies, should— 

19 (1) work with other countries and the Inter20 national Atomic Energy Agency to assist as appro21 priate, and if necessary work to convince, the gov22 ernments of any and all countries in possession of 

23 nuclear weapons or formula quantities of strategic 

24 special nuclear material to ensure that security is 

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1 section (b) as rapidly as possible and in a manner 

2 that— 

3 (A) accounts for the nature of the terrorist 

4 and criminal threat in each such country; and 

5 (B) ensures that any measures to which 

6 the United States and any such country agree 

7 are sustained after United States and other 

8 international assistance ends; 

9 (2) ensure that United States financial and 

10 technical assistance is available, as appropriate, to 

11 countries for which the provision of such assistance 

12 would accelerate the implementation of, or improve 

13 the effectiveness of, such security upgrades; and 

14 (3) work with the governments of other coun15 tries to ensure that effective nuclear security rules, 

16 accompanied by effective regulation and enforce17 ment, are put in place to govern all nuclear weapons 

18 and formula quantities of strategic special nuclear 

19 material around the world. 

20 SEC. 3134. ANNUAL REPORT. 

21 (a) IN GENERAL.—Not later than September 1 of 

22 each year through 2012, the President, in consultation 

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1 ons and related equipment and formula quantities of stra2 tegic special nuclear material outside of the United States. 

3 (b) ELEMENTS.—The report required under sub4 section (a) shall include the following: 

5 (1) A section on the programs for the security 

6 and accounting of nuclear weapons and the elimi7 nation, removal, and security and accounting of for8 mula quantities of strategic special nuclear material, 

9 established under section 3132(b) of the Ronald W. 

10 Reagan National Defense Authorization Act for Fis11 cal Year 2005 (50 U.S.C. 2569(b)), which shall in12 clude the following: 

13 (A) A survey of the facilities and sites 

14 worldwide that contain nuclear weapons or re15 lated equipment, or formula quantities of stra16 tegic special nuclear material. 

17 (B) A list of such facilities and sites deter18 mined to be of the highest priority for security 

19 and accounting of nuclear weapons and related 

20 equipment, or the elimination, removal, or secu21 rity and accounting of formula quantities of 

22 strategic special nuclear material, taking into 

23 account risk of theft from such facilities and 

24 sites, and organized by level of priority. 


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1 (C) A prioritized plan, including measur2 able milestones, metrics, estimated timetables, 

3 and estimated costs of implementation, on the 

4 following: 

5 (i) The security and accounting of nu6 clear weapons and related equipment and 

7 the elimination, removal, or security and 

8 accounting of formula quantities of stra9 tegic special nuclear material at such fa10 cilities and sites worldwide. 

11 (ii) Ensuring that security upgrades 

12 and accounting reforms implemented at 

13 such facilities and sites worldwide, using 

14 the financial and technical assistance of 

15 the United States, are effectively sustained 

16 after such assistance ends. 

17 (iii) The role that international agen18 cies and the international community have 

19 committed to play, together with a plan for 

20 securing international contributions. 

21 (D) An assessment of the progress made in 

22 implementing the plan described in subpara23 graph (C), including a description of the efforts 

24 of foreign governments to secure and account 

25 for nuclear weapons and related equipment and 


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1 to eliminate, remove, or secure and account for 

2 formula quantities of strategic special nuclear 

3 material. 

4 (2) A section on efforts to establish and imple5 ment the international nuclear security standard de6 scribed in section 3133(b) and related policies. 

7 (c) FORM.—The report may be submitted in classi8 fied form but shall include a detailed unclassified sum9 mary. 

10 TITLE XXXII—WAR-RELATED NA11 TIONAL NUCLEAR SECURITY 

12 ADMINISTRATION AUTHOR13 IZATIONS 

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

Nuclear Security Administration. 

14 SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF 

15 APPROPRIATIONS FOR NATIONAL NUCLEAR 

16 SECURITY ADMINISTRATION. 

17 (a) IN GENERAL.—Funds are hereby authorized to 

18 be appropriated for fiscal year 2008 to the Department 

19 of Energy for the National Nuclear Security Administra20 tion for defense nuclear nonproliferation in the amount of 

21 $50,000,000, of which $30,000,000 is for the Inter22 national Nuclear Materials Protection and Cooperation 

23 program and $20,000,000 is for the Global Threat Reduc24 tion Initiative. 


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1 (b) TREATMENT AS ADDITIONAL AUTHORIZATION.— 

2 The amounts authorized to be appropriated by this section 

3 are in addition to amounts otherwise authorized to be ap4 propriated by this Act. 

5 TITLE XXXIII—DEFENSE NU6 CLEAR FACILITIES SAFETY 

7 BOARD 

Sec. 3301. Authorization. 

8 SEC. 3301. AUTHORIZATION. 

9 There are authorized to be appropriated for fiscal 

10 year 2008, $22,499,000 for the operation of the Defense 

11 Nuclear Facilities Safety Board under chapter 21 of the 

12 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

13 TITLE XXXIV—NAVAL 

14 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

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

15 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) AMOUNT.—There are hereby authorized to be ap17 propriated to the Secretary of Energy $17,301,000 for fis18 cal year 2008 for the purpose of carrying out activities 

19 under chapter 641 of title 10, United States Code, relating 

20 to the naval petroleum reserves. 

21 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

22 pursuant to the authorization of appropriations in sub23 section (a) shall remain available until expended. 


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1 SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING 

2 SITE. 

3 Section 3405(i) of the Strom Thurmond National De4 fense Authorization Act for Fiscal Year 1999 (Public Law 

5 105–261; 10 U.S.C. 7420 note) is amended by adding at 

6 the end the following new paragraph: 

7 ‘‘(6)(A) Not later than October 1, 2019, the Sec8 retary of Energy shall complete remediation at the Moab 

9 site and removal of the tailings to the Crescent Junction 

10 site in Utah. 

11 ‘‘(B) In the event the Secretary of Energy is unable 

12 to complete remediation at the Moab Site by October 1, 

13 2019, the Secretary shall submit to Congress a plan set14 ting forth the projected completion date and the estimated 

15 funding to meet the revised date. The Secretary shall 

16 submit the plan, if required, to Congress not later than 

17 October 2, 2019.’’. 

18 TITLE XXXV—MARITIME 

19 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. 


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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. 

1 Subtitle A—Maritime 

2 Administration Reauthorization 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2008. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2008, to be available without fiscal year limita7 tion if so provided in appropriations Acts, for the use of 

8 the Department of Transportation for the Maritime Ad9 ministration as follows: 

10 (1) For expenses necessary for operations and 

11 training activities, $124,303,000, of which— 

12 (A) $63,958,000 shall remain available 

13 until expended for expenses and capital im14 provements at the United States Merchant Ma15 rine Academy; and 

16 (B) $11,500,000 which shall remain avail17 able until expended for maintenance and repair 

18 of school ships at the State Maritime Acad19 emies. 


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1 (2) For expenses to maintain and preserve a 

2 United States-flag merchant fleet to serve the na3 tional security needs of the United States under 

4 chapter 531 of title 46, United States Code, 

5 $156,000,000. 

6 (3) For paying reimbursement under section 

7 3517 of the Maritime Security Act of 2003 (46 

8 U.S.C. 53101 note), $19,500,000. 

9 (4) For assistance to small shipyards and mari10 time communities under section 54101 of title 46, 

11 United States Code, $25,000,000. 

12 (5) For expenses to dispose of obsolete vessels 

13 in the National Defense Reserve Fleet, including 

14 provision of assistance under section 7 of Public 

15 Law 92–402, $20,000,000. 

16 (6) For the cost (as defined in section 502(5) 

17 of the Federal Credit Reform Act of 1990 (2 U.S.C 

18 661a(5)) of loan guarantees under the program au19 thorized by chapter 537 of title 46, United States 

20 Code, $30,000,000. 

21 (7) For administrative expenses related to the 

22 implementation of the loan guarantee program 

23 under chapter 537 of title 46, United States Code, 

24 administrative expenses related to implementation of 

25 the reimbursement program under section 3517 of 


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1 the Maritime Security Act of 2003 (46 U.S.C. 

2 53101 note), and administrative expenses related to 

3 the implementation of the small shipyards and mari4 time communities assistance program under section 

5 54101 of title 46, United States Code, $6,000,000. 

6 SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSO7 LETE COMBATANT VESSELS TO NAVY FOR 

8 DISPOSAL. 

9 The Secretary of Transportation shall, subject to the 

10 availability of appropriations and consistent with section 

11 1535 of title 31, United States Code, popularly known as 

12 the Economy Act, transfer to the Secretary of the Navy 

13 during fiscal year 2008 for disposal by the Navy, no fewer 

14 than 3 combatant vessels in the nonretention fleet of the 

15 Maritime Administration that are acceptable to the Sec16 retary of the Navy. 

17 SEC. 3503. VESSEL DISPOSAL PROGRAM. 

18 (a) IN GENERAL.—Within 30 days after the date of 

19 the enactment of this Act, the Secretary of Transportation 

20 shall convene a working group to review and make rec21 ommendations on best practices for the storage and dis22 posal of obsolete vessels owned or operated by the Federal 

23 Government. The Secretary shall invite senior representa24 tives from the Maritime Administration, the Coast Guard, 

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1 anic and Atmospheric Administration, and the United 

2 States Navy to participate in the working group. The Sec3 retary may request the participation of senior representa4 tives of any other Federal department or agency, as appro5 priate, and may also request participation from concerned 

6 State environmental agencies. 

7 (b) SCOPE.—Among the vessels to be considered by 

8 the working group are Federally owned or operated vessels 

9 that are— 

10 (1) to be scrapped or recycled; 

11 (2) to be used as artificial reefs; or 

12 (3) to be used for the Navy’s SINKEX pro13 gram. 

14 (c) PURPOSE.—The working group shall— 

15 (1) examine current storage and disposal poli16 cies, procedures, and practices for obsolete vessels 

17 owned or operated by Federal agencies; 

18 (2) examine Federal and State laws and regula19 tions governing such policies, procedures, and prac20 tices and any applicable environmental laws; and 

21 (3) within 90 days after the date of enactment 

22 of the Act, submit a plan to the Committee on 

23 Armed Services and the Committee on Commerce, 

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1 resentatives to improve and harmonize practices for 

2 storage and disposal of such vessels, including the 

3 interim transportation of such vessels. 

4 (d) CONTENTS OF PLAN.—The working group shall 

5 include in the plan submitted under subsection (c)(3)— 

6 (1) a description of existing measures for the 

7 storage, disposal, and interim transportation of ob8 solete vessels owned or operated by Federal agencies 

9 in compliance with Federal and State environmental 

10 laws in a manner that protects the environment; 

11 (2) a description of Federal and State laws and 

12 regulations governing the current policies, proce13 dures, and practices for the storage, disposal, and 

14 interim transportation of such vessels; 

15 (3) recommendations for environmental best 

16 practices that meet or exceed, and harmonize, the 

17 requirements of Federal environmental laws and reg18 ulations applicable to the storage, disposal, and in19 terim transportation of such vessels; 

20 (4) recommendations for environmental best 

21 practices that meet or exceed the requirements of 

22 State laws and regulations applicable to the storage, 

23 disposal, and interim transportation of such vessels; 

24 (5) procedures for the identification and reme25 diation of any environmental impacts caused by the 


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1 storage, disposal, and interim transportation of such 

2 vessels; and 

3 (6) recommendations for necessary steps, in4 cluding regulations if appropriate, to ensure that 

5 best environmental practices apply to all such ves6 sels. 

7 (e) IMPLEMENTATION OF PLAN.— 

8 (1) IN GENERAL.—As soon as practicable after 

9 the date of enactment of the Act, the head of each 

10 Federal department or agency participating in the 

11 working group, in consultation with the other Fed12 eral departments and agencies participating in the 

13 working group, shall take such action as may be nec14 essary, including the promulgation of regulations, 

15 under existing authorities to ensure that the imple16 mentation of the plan provides for compliance with 

17 all Federal and State laws and for the protection of 

18 the environment in the storage, interim transpor19 tation, and disposal of obsolete vessels owned or op20 erated by Federal agencies. 

21 (2) ARMED SERVICES VESSELS.—The Secretary 

22 and the Secretary of Defense, in consultation with 

23 the Administrator of the Environmental Protection 

24 Agency, shall each ensure that environmental best 

25 practices are observed with respect to the storage, 


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1 disposal, and interim transportation of obsolete ves2 sels owned or operated by the Department of De3 fense. 

4 (f) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to supersede, limit, modify, or oth6 erwise affect any other provision of law, including environ7 mental law. 

8 Subtitle B—Programs 

9 SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY. 

10 (a) IN GENERAL.—Subchapter III of chapter 575 of 

11 title 46, United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 57533. Vessel chartering authority 

14 ‘‘The Secretary of Transportation may enter into 

15 contracts or other agreements on behalf of the United 

16 States to purchase, charter, operate, or otherwise acquire 

17 the use of any vessels documented under chapter 121 of 

18 this title and any other related real or personal property. 

19 The Secretary is authorized to use this authority as the 

20 Secretary deems appropriate.’’. 

21 (b) CONFORMING AMENDMENT.—The chapter anal22 ysis for chapter 575 of such title is amended by adding 

23 at the end the following: 

‘‘57533. Vessel chartering authority’’. 


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1 SEC. 3512. MARITIME ADMINISTRATION VESSEL CHAR2 TERING AUTHORITY. 

3 Section 50303 of title 46, United States Code, is 

4 amended by— 

5 (1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and 

6 (2) by striking ‘‘control;’’ in subsection (a)(1) 

7 and inserting ‘‘control, except that the prior consent 

8 of the Secretary of Defense for such use shall be re9 quired with respect to any vessel in the Ready Re10 serve Force or in the National Defense Reserve 

11 Fleet which is maintained in a retention status for 

12 the Department of Defense;’’. 

13 SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERN14 MENTAL INSTRUMENTALITIES. 

15 Section 11(b) of the Merchant Ship Sales Act of 1946 

16 (50 U.S.C. App. 1744(b)), is amended— 

17 (1) by striking ‘‘or’’ after the semicolon in 

18 paragraph (3); 

19 (2) by striking ‘‘Defense.’’ in paragraph (4) and 

20 inserting ‘‘Defense; or’’; and 

21 (3) by adding at the end thereof the following: 

22 ‘‘(5) on a reimbursable basis, for charter to the 

23 government of any State, locality, or Territory of the 

24 United States, except that the prior consent of the 

25 Secretary of Defense for such use shall be required 

26 with respect to any vessel in the Ready Reserve 


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1 Force or in the National Defense Reserve Fleet 

2 which is maintained in a retention status for the De3 partment of Defense.’’. 

4 SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VES5 SELS. 

6 Section 6(c)(1) of the National Maritime Heritage 

7 Act of 1994 (16 U.S.C. 5405(c)(1)) is amended— 

8 (1) by inserting ‘‘(either by sale or purchase of 

9 disposal services)’’ after ‘‘shall dispose’’; and 

10 (2) by striking subparagraph (A) of paragraph 

11 (1) and inserting the following: 

12 ‘‘(A) in accordance with a priority system 

13 for disposing of vessels, as determined by the 

14 Secretary, which shall include provisions requir15 ing the Maritime Administration to— 

16 ‘‘(i) dispose of all deteriorated high 

17 priority ships that are available for dis18 posal, within 12 months of their designa19 tion as such; and 

20 ‘‘(ii) give priority to the disposition of 

21 those vessels that pose the most significant 

22 danger to the environment or cost the most 

23 to maintain;’’. 


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1 SEC. 3515. VESSEL TRANSFER AUTHORITY. 

2 Section 50304 of title 46, United States Code, is 

3 amended by adding at the end thereof the following: 

4 ‘‘(d) VESSEL CHARTERS TO OTHER DEPART5 MENTS.—On a reimbursable or nonreimbursable basis, as 

6 determined by the Secretary of Transportation, the Sec7 retary may charter or otherwise make available a vessel 

8 under the jurisdiction of the Secretary to any other de9 partment, upon the request by the Secretary of the De10 partment that receives the vessel. The prior consent of the 

11 Secretary of Defense for such use shall be required with 

12 respect to any vessel in the Ready Reserve Force or in 

13 the National Defense Reserve Fleet which is maintained 

14 in a retention status for the Department of Defense.’’. 

15 SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE. 

16 Section 11(c)(1)(B) of the Merchant Ship Sales Act 

17 of 1946 (50 U.S.C. App. 1744(c)(1)(B)) is amended to 

18 read as follows: 

19 ‘‘(B) activate and conduct sea trials on 

20 each vessel at least once every 30 months;’’. 

21 SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND 

22 GUARANTEES. 

23 (a) FINDINGS.—The Congress makes the following 

24 findings: 

25 (1) The maritime loan guarantee program was 

26 established by the Congress through the Merchant 


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1 Marine Act, 1936 to encourage domestic ship2 building by making available federally backed loan 

3 guarantees for new construction to ship owners and 

4 operators. 

5 (2) The maritime loan guarantee program has 

6 a long and successful history of ship construction 

7 with a low historical default rate. 

8 (3) The current process for review of applica9 tions for maritime loans in the Department of 

10 Transportation has effectively discontinued the pro11 gram as envisioned by the Congress. 

12 (4) The President has requested no funding for 

13 the loan guarantee program despite the stated na14 tional policy to foster the development and encour15 age the maintenance of a merchant marine in sec16 tion 50101 of title 46, United States Code. 

17 (5) United States commercial shipyards were 

18 placed at a competitive disadvantage in the world 

19 shipbuilding market by government subsidized for20 eign commercial shipyards. 

21 (6) The maritime loan guarantee program has 

22 the potential to modernize shipyards and the ships 

23 of the United States coastwise trade and restore a 

24 competitive position in the world shipbuilding mar25 ket for United States shipyards. 


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1 (7) The maritime loan guarantee program is a 

2 useful tool to encourage domestic shipbuilding, pre3 serving a vital industrial capacity critical to the se4 curity of the United States. 

5 (b) REQUIREMENTS.— 

6 (1) IN GENERAL.—Within 180 days after the 

7 date of enactment of this Act, the Administrator of 

8 the Maritime Administration shall develop and im9 plement a comprehensive plan for the review of ap10 plications for loan guarantees under chapter 537 of 

11 title 46, United States Code. 

12 (2) DEADLINE FOR ACTION ON APPLICATION.— 

13 (A) TRADITIONAL APPLICATIONS.—In the 

14 comprehensive plan the Administrator will en15 sure that within the 90-day period following re16 ceipt of all pertinent documentation required 

17 for review of a traditional loan application, the 

18 application shall be either accepted or rejected. 

19 (B) NONTRADITIONAL APPLICATIONS.—In 

20 the comprehensive plan the Administrator will 

21 ensure that within the 180-day period following 

22 receipt of all pertinent documentation required 

23 for review of a nontraditional loan application, 

24 the application shall be either accepted or re25 jected. 


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1 (c) SUBMISSION TO CONGRESS.—The Administrator 

2 shall submit a copy of the comprehensive plan to the Com3 mittee on Commerce, Science, and Transportation of the 

4 Senate and the Committee on Armed Services of the 

5 House of Representatives within 180 days after the date 

6 of enactment of this Act. 

7 (d) DEFINITIONS.—In this section: 

8 (1) TRADITIONAL APPLICATION.—The term 

9 ‘‘traditional application’’ means an application for a 

10 loan, guarantee, or commitment to guarantee sub11 mitted pursuant to chapter 537 of title 46, United 

12 States Code, that involves a market, technology, and 

13 financial structure of a type that has proven success14 ful in previous applications and does not present an 

15 unreasonable risk to the United States, as deter16 mined by the Administrator of the Maritime Admin17 istration. 

18 (2) NONTRADITIONAL APPLICATION.—The term 

19 ‘‘nontraditional application’’ means an application 

20 for a loan, guarantee, or commitment to guarantee 

21 submitted pursuant to chapter 537 of title 46, 

22 United States Code, that is not a traditional applica23 tion, as determined by the Administrator of the 

24 Maritime Administration. 


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1 Subtitle C—Technical Corrections 

2 SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN. 

3 (a) AMENDMENT.—Section 30104 of title 46, United 

4 States Code, is amended— 

5 (1) by striking ‘‘(a) CAUSE OF ACTION.—’’; and 

6 (2) by repealing subsection (b). 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall be effective as if included in the enact9 ment of Public Law 109–304. 

10 SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUB11 LIC LAW 109–163. 

12 (a) AMENDMENTS.—Title 46, United States Code, is 

13 amended as follows: 

14 (1) Section 53701 is amended by— 

15 (A) redesignating paragraphs (2) through 

16 (13) as paragraphs (3) through (14), respec17 tively; 

18 (B) inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis21 trator’ means the Administrator of the Maritime Ad22 ministration.’’; and 

23 (C) striking paragraph (13) (as redesig24 nated) and inserting the following: 


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1 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Commerce with respect to 

3 fishing vessels and fishery facilities.’’. 

4 (2) Section 53706(c) is amended to read as fol5 lows: 

6 ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 

7 ‘‘(1) VESSELS.—In guaranteeing or making a 

8 commitment to guarantee an obligation under this 

9 chapter, the Administrator shall give priority to— 

10 ‘‘(A) a vessel that is otherwise eligible for 

11 a guarantee and is constructed with assistance 

12 under subtitle D of the Maritime Security Act 

13 of 2003 (46 U.S.C. 53101 note); and 

14 ‘‘(B) after applying subparagraph (A), a 

15 vessel that is otherwise eligible for a guarantee 

16 and that the Secretary of Defense determines— 

17 ‘‘(i) is suitable for service as a naval 

18 auxiliary in time of war or national emer19 gency; and 

20 ‘‘(ii) meets a shortfall in sealift capac21 ity or capability. 

22 ‘‘(2) TIME FOR DETERMINATION.—The Sec23 retary of Defense shall determine whether a vessel 

24 satisfies paragraph (1)(B) not later than 30 days 


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1 after receipt of a request from the Administrator for 

2 such a determination.’’. 

3 (3) Section 53707 is amended— 

4 (A) by inserting ‘‘or Administrator’’ in 

5 subsections (a) and (d) after ‘‘Secretary’’ each 

6 place it appears; 

7 (B) by striking ‘‘Secretary of Transpor8 tation’’ in subsection (b) and inserting ‘‘Admin9 istrator’’; 

10 (C) by striking ‘‘of Commerce’’ in sub11 section (c); and 

12 (D) in subsection (d)(2), by— 

13 (i) inserting ‘‘if the Secretary or Ad14 ministrator considers necessary,’’ before 

15 ‘‘the waiver’’; and 

16 (ii) striking ‘‘the increased’’ and in17 serting ‘‘any significant increase in’’. 

18 (4) Section 53708 is amended— 

19 (A) by striking ‘‘SECRETARY OF TRANS20 PORTATION’’ in the heading of subsection (a) 

21 and inserting ‘‘ADMINISTRATOR’’; 

22 (B) by striking ‘‘Secretary’’ and ‘‘Sec23 retary of Transportation’’ each place they ap24 pear in subsection (a) and inserting ‘‘Adminis25 trator’’; 


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1 (C) by striking ‘‘OF COMMERCE’’ in the 

2 heading of subsection (b); 

3 (D) by striking ‘‘of Commerce’’ in sub4 sections (b) and (c); 

5 (E) in subsection (d), by— 

6 (i) inserting ‘‘or Administrator’’ after 

7 ‘‘Secretary’’ the first place it appears; and 

8 (ii) striking ‘‘financial structures, or 

9 other risk factors identified by the Sec10 retary. Any independent analysis con11 ducted under this subsection shall be per12 formed by a party chosen by the Sec13 retary.’’ and inserting ‘‘or financial struc14 tures. A third party independent analysis 

15 conducted under this subsection shall be 

16 performed by a private sector expert in as17 sessing such risk factors who is selected by 

18 the Secretary or Administrator.’’; and 

19 (F) in subsection (e), by— 

20 (i) inserting ‘‘or Administrator’’ after 

21 ‘‘Secretary’’ the first place it appears; and 

22 (ii) striking ‘‘financial structures, or 

23 other risk factors identified by the Sec24 retary’’ and inserting ‘‘or financial struc25 tures’’. 


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1 (5) Section 53710(b)(1) is amended by striking 

2 ‘‘Secretary’s’’ and inserting ‘‘Administrator’s’’. 

3 (6) Section 53712(b) is amended by striking 

4 the last sentence and inserting ‘‘If the Secretary or 

5 Administrator has waived a requirement under sec6 tion 53707(d) of this title, the loan agreement shall 

7 include requirements for additional payments, collat8 eral, or equity contributions to meet the waived re9 quirement upon the occurrence of verifiable condi10 tions indicating that the obligor’s financial condition 

11 enables the obligor to meet the waived require12 ment.’’. 

13 (7) Subsections (c) and (d) of section 53717 

14 are each amended— 

15 (A) by striking ‘‘OF COMMERCE’’ in the 

16 subsection heading; and 

17 (B) by striking ‘‘of Commerce’’ each place 

18 it appears. 

19 (8) Section 53732(e)(2) is amended by insert20 ing ‘‘of Defense’’ after ‘‘Secretary’’ the second place 

21 it appears. 

22 (9) The following provisions are amended by 

23 striking ‘‘Secretary’’ and ‘‘Secretary of Transpor24 tation’’ and inserting ‘‘Administrator’’: 

25 (A) Section 53710(b)(2)(A)(i). 


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1 (B) Section 53717(b) each place it appears 

2 in a heading and in text. 

3 (C) Section 53718. 

4 (D) Section 53731 each place it appears, 

5 except where ‘‘Secretary’’ is followed by ‘‘of En6 ergy’’. 

7 (E) Section 53732 (as amended by para8 graph (8)) each place it appears, except where 

9 ‘‘Secretary’’ is followed by ‘‘of the Treasury’’, 

10 ‘‘of State’’, or ‘‘of Defense’’. 

11 (F) Section 53733 each place it appears. 

12 (10) The following provisions are amended by 

13 inserting ‘‘or Administrator’’ after ‘‘Secretary’’ each 

14 place it appears in headings and text, except where 

15 ‘‘Secretary’’ is followed by ‘‘of Transportation’’ or 

16 ‘‘of the Treasury’’: 

17 (A) The items relating to sections 53722 

18 and 53723 in the chapter analysis for chapter 

19 537. 

20 (B) Sections 53701(1), (4), and (9) (as re21 designated by paragraph (1)(A)), 53702(a), 

22 53703, 53704, 53706(a)(3)(B)(iii), 

23 53709(a)(1), (b)(1) and (2)(A), and (d), 

24 53710(a) and (c), 53711, 53712 (except in the 

25 last sentence of subsection (b) as amended by 


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1 paragraph (6)), 53713 to 53716, 53721 to 

2 53725, and 53734. 

3 (11) Sections 53715(d)(1), 53716(d)(3), 

4 53721(c), 53722(a)(1) and (b)(1)(B), and 53724(b) 

5 are amended by inserting ‘‘or Administrator’s’’ after 

6 ‘‘Secretary’s’’. 

7 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec8 tion 3507 (except subsection (c)(4)) of the National De9 fense Authorization Act for Fiscal Year 2006 (Public Law 

10 109–163) is repealed. 

11 SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC 

12 LAW 109–163. 

13 (a) AMENDMENTS.—Title 46, United States Code, is 

14 amended as follows: 

15 (1) Chapters 513 and 515 are amended by 

16 striking ‘‘Naval Reserve’’ each place it appears in 

17 analyses, headings, and text and inserting ‘‘Navy 

18 Reserve’’. 

19 (2) Section 51504(f) is amended to read as fol20 lows: 

21 ‘‘(f) FUEL COSTS.— 

22 ‘‘(1) IN GENERAL.—Subject to the availability 

23 of appropriations, the Secretary shall pay to each 

24 State maritime academy the costs of fuel used by a 


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1 vessel provided under this section while used for 

2 training. 

3 ‘‘(2) MAXIMUM AMOUNTS.—The amount of the 

4 payment to a State maritime academy under para5 graph (1) may not exceed— 

6 ‘‘(A) $100,000 for fiscal year 2006; 

7 ‘‘(B) $200,000 for fiscal year 2007; and 

8 ‘‘(C) $300,000 for fiscal year 2008 and 

9 each fiscal year thereafter.’’. 

10 (3) Section 51505(b)(2)(B) is amended by 

11 striking ‘‘$200,000’’ and inserting ‘‘$300,000 for 

12 fiscal year 2006, $400,000 for fiscal year 2007, and 

13 $500,000 for fiscal year 2008 and each fiscal year 

14 thereafter’’. 

15 (4) Section 51701(a) is amended by striking 

16 ‘‘of the United States.’’ and inserting ‘‘of the United 

17 States and to perform functions to assist the United 

18 States merchant marine, as determined necessary by 

19 the Secretary.’’. 

20 (5)(A) Section 51907 is amended to read as fol21 lows: 

22 ‘‘§ 51907. Provision of decorations, medals, and re23 placements 

24 ‘‘The Secretary of Transportation may provide— 


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1 ‘‘(1) the decorations and medals authorized by 

2 this chapter and replacements for those decorations 

3 and medals; and 

4 ‘‘(2) replacements for decorations and medals 

5 issued under a prior law.’’. 

6 (B) The item relating to section 51907 in the 

7 chapter analysis for chapter 519 is amended to read 

8 as follows: 

‘‘51907. Provision of decorations, medals, and replacements’’. 

9 (6)(A) The following new chapter is inserted 

10 after chapter 539: 

11 ‘‘CHAPTER 541—MISCELLANEOUS 

‘‘Sec 

‘‘54101. Assistance for small shipyards and maritime communities’’. 

12 (B) Section 3506 of the National Defense Au13 thorization Act for Fiscal Year 2006 (46 U.S.C. 

14 53101 note) is transferred to and redesignated as 

15 section 54101 of title 46, United States Code, to ap16 pear at the end of chapter 541 of title 46, as in17 serted by subparagraph (A). 

18 (C) The heading of such section, as transferred 

19 by subparagraph (B), is amended to read as follows: 

20 ‘‘§ 54101. Assistance for small shipyards and maritime 

21 communities’’. 

22 (D) Paragraph (1) of subsection (h) of such 

23 section, as transferred by subparagraph (B), is 


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1 amended by striking ‘‘(15 U.S.C. 632);’’ and insert2 ing ‘‘(15 U.S.C. 632));’’. 

3 (E) The table of chapters at the beginning of 

4 subtitle V is amended by inserting after the item re5 lating to chapter 539 the following new item: 

‘‘541. Miscellaneous ......................................................... 54101’’. 

6 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec7 tions 515(g)(2), 3502, 3509, and 3510 of the National 

8 Defense Authorization Act for Fiscal Year 2006 (Public 

9 Law 109–163) are repealed. 

10 SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109–171. 

11 (a) AMENDMENTS.—Section 60301 of title 46, 

12 United States Code, is amended— 

13 (1) by striking ‘‘2 cents per ton (but not more 

14 than a total of 10 cents per ton per year)’’ in sub15 section (a) and inserting ‘‘4.5 cents per ton, not to 

16 exceed a total of 22.5 cents per ton per year, for fis17 cal years 2006 through 2010, and 2 cents per ton, 

18 not to exceed a total of 10 cents per ton per year, 

19 for each fiscal year thereafter,’’; and 

20 (2) by striking ‘‘6 cents per ton (but not more 

21 than a total of 30 cents per ton per year)’’ in sub22 section (b) and inserting ‘‘13.5 cents per ton, not to 

23 exceed a total of 67.5 cents per ton per year, for fis24 cal years 2006 through 2010, and 6 cents per ton, 


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1 not to exceed a total of 30 cents per ton per year, 

2 for each fiscal year thereafter,’’. 

3 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec4 tion 4001 of the Deficit Reduction Act of 2005 (Public 

5 Law 109–171) is repealed. 

6 SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109–241. 

7 (a) AMENDMENTS.—Title 46, United States Code, is 

8 amended as follows: 

9 (1) Section 12111 is amended by adding at the 

10 end the following: 

11 ‘‘(d) ACTIVITIES INVOLVING MOBILE OFFSHORE

12 DRILLING UNITS.— 

13 ‘‘(1) IN GENERAL.—Only a vessel for which a 

14 certificate of documentation with a registry endorse15 ment is issued may engage in— 

16 ‘‘(A) the setting, relocation, or recovery of 

17 the anchors or other mooring equipment of a 

18 mobile offshore drilling unit that is located over 

19 the outer Continental Shelf (as defined in sec20 tion 2(a) of the Outer Continental Shelf Lands 

21 Act (43 U.S.C. 1331(a))); or 

22 ‘‘(B) the transportation of merchandise or 

23 personnel to or from a point in the United 

24 States from or to a mobile offshore drilling unit 


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1 located over the outer Continental Shelf that is 

2 not attached to the seabed. 

3 ‘‘(2) COASTWISE TRADE NOT AUTHORIZED.— 

4 Nothing in paragraph (1) authorizes the employment 

5 in the coastwise trade of a vessel that does not meet 

6 the requirements of section 12112 of this title.’’. 

7 (2) Section 12139(a) is amended by striking 

8 ‘‘and charterers’’ and inserting ‘‘charterers, and 

9 mortgagees’’. 

10 (3) Section 51307 is amended— 

11 (A) by striking ‘‘and’’ at the end of para12 graph (2); 

13 (B) by striking ‘‘organizations.’’ in para14 graph (3) and inserting ‘‘organizations; and’’; 

15 and 

16 (C) by adding at the end the following: 

17 ‘‘(4) on any other vessel considered by the Sec18 retary to be necessary or appropriate or in the na19 tional interest.’’. 

20 (4) Section 55105(b)(3) is amended by striking 

21 ‘‘Secretary of the department in which the Coast 

22 Guard is operating’’ and inserting ‘‘Secretary of 

23 Homeland Security’’. 

24 (5) Section 70306(a) is amended by striking 

25 ‘‘Not later than February 28 of each year, the SecVerDate Aug 31 2005 22:07 Jan 22, 2008 Jkt 069200 PO 00000 Frm 01506 Fmt 6652 Sfmt 6201 E:\BILLS\H4986.CPH H4986

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1 retary shall submit a report’’ and inserting ‘‘The 

2 Secretary shall submit an annual report’’. 

3 (6) Section 70502(d)(2) is amended to read as 

4 follows: 

5 ‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The 

6 response of a foreign nation to a claim of registry 

7 under paragraph (1)(A) or (C) may be made by 

8 radio, telephone, or similar oral or electronic means, 

9 and is proved conclusively by certification of the Sec10 retary of State or the Secretary’s designee.’’. 

11 (b) REPEAL OF SUPERSEDED AMENDMENTS.—Sec12 tions 303, 307, 308, 310, 901(q), and 902(o) of the Coast 

13 Guard and Maritime Transportation Act of 2006 (Public 

14 Law 109–241) are repealed. 

15 SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109–364. 

16 (a) UPDATING OF CROSS REFERENCES.—Section 

17 1017(b)(2) of the John Warner National Defense Author18 ization Act for Fiscal Year 2007 (Public Law 109–364, 

19 10 U.S.C. 2631 note) is amended by striking ‘‘section 27 

20 of the Merchant Marine Act, 1920 (46 U.S.C. 883), sec21 tion 12106 of title 46, United States Code, and section 

22 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 

23 inserting ‘‘sections 12112, 50501, and 55102 of title 46, 

24 United States Code’’. 

25 (b) SECTION 51306(e).— 


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1 (1) IN GENERAL.—Section 51306 of title 46, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(e) ALTERNATIVE SERVICE.— 

5 ‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An 

6 individual who, for the 5-year period following grad7 uation from the Academy, serves as a commissioned 

8 officer on active duty in an armed force of the 

9 United States or as a commissioned officer of the 

10 National Oceanic and Atmospheric Administration 

11 or the Public Health Service shall be excused from 

12 the requirements of paragraphs (3) through (5) of 

13 subsection (a). 

14 ‘‘(2) MODIFICATION OR WAIVER.—The Sec15 retary may modify or waive any of the terms and 

16 conditions set forth in subsection (a) through the 

17 imposition of alternative service requirements.’’. 

18 (2) APPLICATION.—Section 51306(e) of title 

19 46, United States Code, as added by paragraph (1), 

20 applies only to an individual who enrolls as a cadet 

21 at the United States Merchant Marine Academy, 

22 and signs an agreement under section 51306(a) of 

23 title 46, after October 17, 2006. 

24 (c) SECTION 51306(f).— 


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1 (1) IN GENERAL.—Section 51306 of title 46, 

2 United States Code, is further amended by adding 

3 at the end the following: 

4 ‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORT5 ING REQUIREMENT.— 

6 ‘‘(1) IN GENERAL.—Subject to any otherwise 

7 applicable restrictions on disclosure in section 552a 

8 of title 5, the Secretary of Defense, the Secretary of 

9 the department in which the Coast Guard is oper10 ating, the Administrator of the National Oceanic 

11 and Atmospheric Administration, and the Surgeon 

12 General of the Public Health Service— 

13 ‘‘(A) shall report the status of obligated 

14 service of an individual graduate of the Acad15 emy upon request of the Secretary; and 

16 ‘‘(B) may, in their discretion, notify the 

17 Secretary of any failure of the graduate to per18 form the graduate’s duties, either on active 

19 duty or in the Ready Reserve component of 

20 their respective service, or as a commissioned 

21 officer of the National Oceanic and Atmos22 pheric Administration or the Public Health 

23 Service, respectively. 

24 ‘‘(2) INFORMATION TO BE PROVIDED.—A re25 port or notice under paragraph (1) shall identify any 


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1 graduate determined to have failed to comply with 

2 service obligation requirements and provide all re3 quired information as to why such graduate failed to 

4 comply. 

5 ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re6 ceipt of such a report or notice, such graduate may 

7 be considered to be in default of the graduate’s serv8 ice obligations by the Secretary, and subject to all 

9 remedies the Secretary may have with respect to 

10 such a default.’’. 

11 (2) APPLICATION.—Section 51306(f) of title 

12 46, United States Code, as added by paragraph (1), 

13 does not apply with respect to an agreement entered 

14 into under section 51306(a) of title 46, United 

15 States Code, before October 17, 2006. 

16 (d) SECTION 51509(c).—Section 51509(c) of title 46, 

17 United States Code, is amended— 

18 (1) by striking ‘‘MIDSHIPMAN AND’’ in the sub19 section heading and ‘‘midshipman and’’ in the text; 

20 and 

21 (2) inserting ‘‘or the Coast Guard Reserve’’ 

22 after ‘‘Reserve)’’. 

23 (e) SECTION 51908(a).—Section 51908(a) of title 46, 

24 United States Code, is amended by striking ‘‘under this 


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1 chapter’’ and inserting ‘‘by this chapter or the Secretary 

2 of Transportation’’. 

3 (f) SECTION 53105(e)(2).—Section 53105(e)(2) of 

4 title 46, United States Code, is amended by striking ‘‘sec5 tion 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),’’ 

6 and inserting ‘‘section 50501 of this title’’. 

7 (g) REPEAL OF SUPERSEDED AMENDMENTS.—Sec8 tions 3505, 3506, 3508, and 3510(a) and (b) of the John 

9 Warner National Defense Authorization Act for Fiscal 

10 Year 2007 (Public Law 109–364) are repealed. 

11 SEC. 3527. MISCELLANEOUS AMENDMENTS. 

12 (a) DELETION OF OBSOLETE REFERENCE TO CAN13 TON ISLAND.—Section 55101(b) of title 46, United States 

14 Code, is amended— 

15 (1) by inserting ‘‘or’’ after the semicolon at the 

16 end of paragraph (2); 

17 (2) by striking paragraph (3); and 

18 (3) by redesignating paragraph (4) as para19 graph (3). 

20 (b) IMPROVEMENT OF HEADING.—Title 46, United 

21 States Code, is amended as follows: 

22 (1) The heading of section 55110 is amended 

23 by inserting ‘‘valueless material or’’ before 

24 ‘‘dredged material’’. 


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1 (2) The item for section 55110 in the analysis 

2 for chapter 551 is amended by inserting ‘‘valueless 

3 material or’’ before ‘‘dredged material’’. 

4 SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODI5 FIED PROVISION. 

6 For purposes of section 303 of the Jobs and Growth 

7 Tax Relief Reconciliation Act of 2003 (Public Law 108– 

8 27, 26 U.S.C. 1 note), the amendment made by section 

9 301(a)(2)(E) of that Act shall be deemed to have been 

10 made to section 53511(f)(2) of title 46, United States 

11 Code. 

12 SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS. 

13 (a) AMENDMENTS TO TITLE 46.—Title 46, United 

14 States Code, is amended as follows: 

15 (1) The analysis for chapter 21 is amended by 

16 striking the item relating to section 2108. 

17 (2) Section 12113(g) is amended by inserting 

18 ‘‘and’’ after ‘‘Conservation’’. 

19 (3) Section 12131 is amended by striking 

20 ‘‘commmand’’ and inserting ‘‘command’’. 

21 (b) AMENDMENTS TO PUBLIC LAW 109–304.— 

22 (1) AMENDMENTS.—Public Law 109–304 is 

23 amended as follows: 


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1 (A) Section 15(10) is amended by striking 

2 ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. 

3 App.’’. 

4 (B) Section 15(30) is amended by striking 

5 ‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping 

6 Act, 1916’’. 

7 (C) The schedule of Statutes at Large re8 pealed in section 19, as it relates to the Act of 

9 June 29, 1936, is amended by— 

10 (i) striking the second section ‘‘1111’’ 

11 (relating to 46 U.S.C. App. 1279f) and in12 serting section ‘‘1113’’; and 

13 (ii) striking the second section ‘‘1112’’ 

14 (relating to 46 U.S.C. App. 1279g) and in15 serting section ‘‘1114’’. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by paragraph (1) shall be effective as if included in 

18 the enactment of Public Law 109–304. 

19 (c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE

20 AMENDMENTS.— 

21 (1) REPEAL.—Sections 9(a), 15(21) and 

22 (33)(A) through (D)(i), and 16(c)(2) of Public Law 

23 109–304 are repealed. 


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1 (2) INTENDED EFFECT.—The provisions re2 pealed by paragraph (1) shall be treated as if never 

3 enacted. 

4 (d) LARGE PASSENGER VESSEL CREW REQUIRE5 MENTS.—Section 8103(k)(3)(C)(iv) of title 46, United 

6 States Code, is amended by inserting ‘‘and section 252 

7 of the Immigration and Nationality Act (8 U.S.C. 1282)’’ 

8 after ‘‘of such section’’. 

Æ 


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